Support Policy (Enterprise SaaS) — Montana

ENTERPRISE SAAS SUPPORT POLICY

MONTANA-SPECIFIC EDITION

Support Policy Reference Number: [________________________________]

Effective Date: [__/__/____]

Last Revised: [__/__/____]

This Enterprise SaaS Support Policy ("Support Policy" or "Policy") is incorporated into and forms part of the Master SaaS Agreement or equivalent subscription agreement ("Master Agreement") between the parties identified below. Capitalized terms not defined herein shall have the meanings set forth in the Master Agreement.

Provider: [________________________________] ("Provider")

• Address: [________________________________]
• State of Organization: [________________________________]

Customer: [________________________________] ("Customer")

• Address: [________________________________]
• State of Organization: [________________________________]

Master Agreement Date: [__/__/____]

Master Agreement Reference: [________________________________]

TABLE OF CONTENTS

1. Definitions
2. Scope of Support
3. Support Tiers and Pricing
4. Support Hours and Channels
5. Named Support Contacts
6. Severity Definitions
7. Response and Resolution Targets
8. Escalation Matrix
9. Customer Obligations
10. Exclusions
11. Status Updates and Communication
12. Maintenance Windows
13. Version Support and End-of-Life
14. Service Credits
15. Support Performance Reporting
16. Security Incident Support
17. Changes to Support Policy
18. Order of Precedence
19. Montana-Specific Legal Provisions
20. Electronic Signatures
21. Signature Blocks
22. Exhibit A: Support Contact Information
23. Exhibit B: Supported Configurations

1. DEFINITIONS

1.1 "Authorized Contact" means an individual designated by Customer authorized to submit support requests, access the Support Portal, and communicate with Provider's support personnel.

1.2 "Business Day" means Monday through Friday, excluding federal holidays and Montana state holidays.

1.3 "Business Hours" means 8:00 AM to 5:00 PM Mountain Time (MT) on Business Days, unless otherwise specified by Support Tier.

1.4 "Customer Environment" means Customer's hardware, software, network infrastructure, configurations, third-party integrations, and operating conditions in which the SaaS Service operates.

1.5 "Defect" means a reproducible failure of the SaaS Service to perform materially in accordance with the Documentation.

1.6 "Enhancement" means a request for new functionality not described in the Documentation, addressed through Provider's product roadmap.

1.7 "Error" means a verifiable and reproducible failure of the SaaS Service to conform to Documentation specifications.

1.8 "Fix" means a permanent code change or configuration modification resolving a Defect or Error in a generally available release.

1.9 "Hot Fix" means an emergency code change deployed outside the standard release cycle for Severity 1 or Severity 2 Incidents.

1.10 "Incident" means any event causing or potentially causing an interruption or reduction in SaaS Service quality.

1.11 "Maintenance Window" means a designated period for scheduled maintenance, updates, patches, or upgrades.

1.12 "Named Support Contact" means an individual designated in Exhibit A, trained and authorized as Customer's primary liaison with Provider's support organization.

1.13 "Production Environment" means the live, operational SaaS Service instance used for actual business operations.

1.14 "Resolution" means the point at which an Incident is resolved through a Fix, Hot Fix, Workaround, or corrective action.

1.15 "Root Cause Analysis" ("RCA") means a structured investigation identifying the underlying cause of a Severity 1 or Severity 2 Incident, with a written report of timeline, factors, corrections, and preventive measures.

1.16 "Service Credit" means a credit against future fees per Section 14.

1.17 "Service Level" means a measurable performance standard per Section 7 and the Master Agreement.

1.18 "Severity Level" means the Incident classification per Section 6.

1.19 "Support Portal" means Provider's web-based system at [________________________________] for submitting and tracking support requests.

1.20 "Ticket" means a uniquely numbered record tracking a support request from submission through Resolution.

1.21 "Uptime" means the monthly availability percentage of the Production Environment per the Master Agreement.

1.22 "Workaround" means a temporary method circumventing a known Defect or Error without constituting a permanent Fix.

2. SCOPE OF SUPPORT

2.1 Included Support Services

(a) Break/Fix Support — Diagnosis and resolution of Errors, Defects, and Incidents.

(b) Configuration Assistance — Guidance on configuring the SaaS Service within documented parameters.

(c) Standard Integration Support — Assistance with Provider-documented and Provider-supported integrations.

(d) Software Updates — Patches, minor and major releases included in the subscription.

(e) Knowledge Base Access — Self-service library of articles, guides, and FAQs.

(f) Health Checks — Periodic reviews for Premium and Enterprise customers.

2.2 Excluded Services

(a) Custom development, bespoke integrations, or source code modifications;
(b) On-site support or travel;
(c) Training beyond standard onboarding and knowledge base;
(d) Data migration, extraction, or conversion;
(e) Third-party software/hardware not in Exhibit B;
(f) Customer infrastructure optimization; and
(g) End-of-life version support per Section 13.

3. SUPPORT TIERS AND PRICING

Customer's Selected Tier: ☐ Standard | ☐ Premium | ☐ Enterprise

4. SUPPORT HOURS AND CHANNELS

4.1 Support Hours by Tier

4.2 Support Channels

4.3 After-Hours Support

Severity 1/2 Incidents outside standard hours: Premium and Enterprise customers use the emergency line at [________________________________]. Standard tier SLA clock begins the next Business Day.

4.4 SLA Clock

Begins on Ticket creation with sufficient information. Pauses awaiting Customer input; resumes upon response.

5. NAMED SUPPORT CONTACTS

5.1 Allocation

• Standard: 2 | Premium: 5 | Enterprise: 10

5.2 Requirements

Named Contacts shall: (a) complete Provider onboarding; (b) possess technical knowledge for first-level triage; (c) have authority to approve Workarounds and environment access; and (d) be available during Business Hours.

5.3 Changes

Via Support Portal or email to [________________________________]. Effective within two (2) Business Days. New contacts must onboard within fifteen (15) calendar days.

6. SEVERITY DEFINITIONS

6.1 Disputes

Escalate to Support Manager within two (2) Business Hours. Unresolved disputes follow Section 8.

7. RESPONSE AND RESOLUTION TARGETS

SLA clock pauses awaiting Customer input, for third-party fixes, and during force majeure.

8. ESCALATION MATRIX

Customer-initiated escalation via Portal or email to [________________________________].

9. CUSTOMER OBLIGATIONS

9.1 Supported Configurations

Maintain environment per Exhibit B.

9.2 Log Access

Provide logs, screenshots, and diagnostics. For Sev 1/2, within one (1) hour.

9.3 Patches

Critical patches within fourteen (14) days; non-critical within thirty (30) days.

9.4 Contact Availability

One Named Contact during Business Hours; for Sev 1, within thirty (30) minutes outside hours.

9.5 Ticket Quality

Include: description, expected/actual behavior, reproduction steps, business impact, environment details, logs/screenshots.

9.6 Environment Changes

Five (5) Business Days' advance notice of material changes.

10. EXCLUSIONS

No support obligation for Incidents from: (a) Customer network/hardware/telecom; (b) unsupported third-party items; (c) unauthorized use; (d) unauthorized modifications; (e) missed patches; (f) unsupported configurations; (g) unsupported browsers/OS; (h) force majeure; (i) Customer data issues; (j) EOL versions.

11. STATUS UPDATES AND COMMUNICATION

Updates include: status, actions, next steps, estimated timeline, and Customer actions needed.

12. MAINTENANCE WINDOWS

12.1 Scheduled

Standard window: [________________________________] (e.g., Sundays 2:00 AM – 6:00 AM MT). Seventy-two (72) hours' notice.

12.2 Emergency

For critical security or data integrity. Four (4) hours' notice when feasible.

12.3 Uptime Impact

Scheduled maintenance excluded from Uptime SLA when properly noticed. Emergency maintenance counts unless force majeure or Customer-caused.

12.4 Status Page

Real-time status at [________________________________].

13. VERSION SUPPORT AND END-OF-LIFE

13.1 Supported Versions

Current version plus two (2) prior major versions.

13.2 EOL Notice

One hundred eighty (180) calendar days' notice with EOL date, migration guidance, tools, and last support date.

13.3 Post-EOL Security Patches

Ninety (90) calendar days of critical security patches after EOL.

13.4 Migration Assistance

Free for Premium/Enterprise customers who initiate within the notice period.

14. SERVICE CREDITS

14.1 Eligibility

For missed Response Times or Uptime SLA, subject to Section 10 exclusions.

14.2 Response Time Credits

14.3 Uptime Credits

14.4 Cap

100% of the affected month's fees. Non-cash, applied to next invoice.

14.5 Claim Process

Written claim within thirty (30) days of month-end. Provider responds within fifteen (15) Business Days.

14.6 Sole Remedy

Service Credits are the sole remedy for SLA failures, except for willful misconduct, gross negligence, or confidentiality breaches. Montana consumer protection remedies are preserved to the extent applicable.

15. SUPPORT PERFORMANCE REPORTING

15.1 Monthly Reports

Within ten (10) Business Days: Tickets by Severity, Response/Resolution performance, escalations, Uptime, Sev 1/2 summaries, Service Credits.

15.2 Reviews

Quarterly for Premium; monthly for Enterprise.

15.3 KPIs

First Response Time, MTTR, CSAT, Reopen Rate, Escalation Rate, Uptime.

16. SECURITY INCIDENT SUPPORT

16.1 Classification

Security Incidents default to Severity 1.

16.2 Elevated Support

(a) Dedicated coordinator within 15 minutes; (b) updates every 30 minutes; (c) coordination with Customer security; (d) interim report within 24 hours; (e) full RCA within 5 Business Days.

16.3 Montana Data Breach and Privacy Compliance

Data Breach Notification (Mont. Code Ann. § 30-14-1704):

(a) Notification. Any person conducting business in Montana that owns or licenses computerized data including personal information shall disclose any breach to affected Montana residents without unreasonable delay, consistent with law enforcement needs and measures to determine breach scope and restore system integrity.

(b) Definition. "Breach of the security of the data system" means unauthorized acquisition that materially compromises the security, confidentiality, or integrity of personal information and causes or is reasonably believed to cause loss or injury to a Montana resident.

(c) Methods. Notice may be given by mail, email (if consistent with E-SIGN Act), conspicuous website posting, or notification to local/statewide media.

(d) Regulatory Notice. Provider shall cooperate with Customer in submitting an electronic copy of any required breach notification to the Montana Office of Consumer Protection at the Montana Department of Justice.

(e) Law Enforcement Delay. Notification may be delayed at law enforcement's request if it would impede a criminal investigation.

Montana Consumer Data Privacy Act (Mont. Code Ann. § 30-14-2801 et seq.):

(f) Provider acknowledges the Montana Consumer Data Privacy Act (MCDPA), which provides Montana consumers with rights regarding their personal data, including rights of access, correction, deletion, and portability. To the extent Provider processes personal data of Montana consumers on behalf of Customer, Provider shall comply with applicable MCDPA requirements as a data processor.

16.4 Coordination

Provider's security support integrates with Customer's incident response plan. Security contact in Exhibit A.

17. CHANGES TO SUPPORT POLICY

17.1 Notice

Sixty (60) days for material changes; thirty (30) days for non-material.

17.2 Material Reduction Protections

Customer may accept or require prior version through the current term.

17.3 Non-Diminishment

No reductions below Effective Date levels without consent.

18. ORDER OF PRECEDENCE

This Policy is subject to the Master Agreement. Support metrics/procedures in this Policy control; otherwise the Master Agreement governs. Order Forms with differing support terms control if they reference this Policy.

19. MONTANA-SPECIFIC LEGAL PROVISIONS

19.1 Governing Law

This Policy is governed by Montana law, without regard to conflict of laws principles.

19.2 Venue and Jurisdiction

Exclusive jurisdiction in state and federal courts in [________________________________] County, Montana (e.g., Lewis and Clark County — Helena, Yellowstone County — Billings, Gallatin County — Bozeman).

19.3 Consumer Protection

The Montana Consumer Protection Act (Mont. Code Ann. § 30-14-101 et seq.) prohibits unfair or deceptive business practices. The Montana Department of Justice Office of Consumer Protection enforces the Act. Provider represents that all Service Levels and commitments are truthful and non-deceptive. Montana law provides a private right of action for consumers injured by unfair or deceptive practices, with potential treble damages.

19.4 Implied Warranty

Under Montana's UCC (Mont. Code Ann. § 30-2-314), an implied warranty of merchantability applies when the seller is a merchant. To disclaim implied warranties, the disclaimer must mention merchantability and must be conspicuous in writing (Mont. Code Ann. § 30-2-316). Goods sold "as is" or "with all faults" exclude implied warranties. This Policy does not disclaim warranties; any disclaimer is in the Master Agreement and must comply with Montana law.

19.5 Jury Waiver

TO THE FULLEST EXTENT PERMITTED BY MONTANA LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN LITIGATION ARISING FROM THIS POLICY OR THE MASTER AGREEMENT.

Montana Practice Note: Montana courts have not broadly endorsed jury waiver provisions. The enforceability of this provision may depend on the specific circumstances. Parties should consult Montana counsel regarding the enforceability of jury waivers.

19.6 Cure Period

Thirty (30) calendar days to cure material breach after written notice, except for Sev 1 failures unresolved beyond twice the Resolution Target.

19.7 Statute of Limitations

Montana's statute of limitations for written contracts is eight (8) years (Mont. Code Ann. § 27-2-202).

20. ELECTRONIC SIGNATURES

This Policy may be executed electronically per the Montana Uniform Electronic Transactions Act (Mont. Code Ann. § 30-18-101 et seq.) and the federal E-SIGN Act (15 U.S.C. § 7001 et seq.). Electronic signatures have the same legal effect as manual signatures.

21. SIGNATURE BLOCKS

IN WITNESS WHEREOF, the parties have executed this Policy as of the Effective Date.

PROVIDER:

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

CUSTOMER:

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

EXHIBIT A: SUPPORT CONTACT INFORMATION

Provider Support Contacts

Customer Named Support Contacts

Security Incident Contact

EXHIBIT B: SUPPORTED CONFIGURATIONS

Browsers

Operating Systems

Network

Third-Party Integrations

SOURCES AND REFERENCES

1. Montana Consumer Protection Act — Mont. Code Ann. § 30-14-101 et seq.
   https://archive.legmt.gov/bills/mca/title_0300/chapter_0140/part_0010/sections_index.html

2. Montana Data Breach Notification — Mont. Code Ann. § 30-14-1704
   https://archive.legmt.gov/bills/mca/title_0300/chapter_0140/part_0170/section_0040/0300-0140-0170-0040.html

3. Montana Consumer Data Privacy Act — Mont. Code Ann. § 30-14-2801 et seq.
   https://www.cliffordchance.com/insights/resources/blogs/talking-tech/en/articles/2023/12/the-montana-data-privacy-law-an-overview.html

4. Montana UETA — Mont. Code Ann. § 30-18-101 et seq.
   https://law.justia.com/codes/montana/title-30/chapter-18/

5. Montana UCC (Sales) — Mont. Code Ann. § 30-2-314
   https://law.justia.com/codes/montana/title-30/chapter-2/part-3/section-30-2-316/

6. Montana Department of Justice — Office of Consumer Protection
   https://dojmt.gov/office-of-consumer-protection/

7. Montana Data Breach Reporting Requirements
   https://www.dojmt.gov/office-of-consumer-protection/reporting-requirements-for-data-breaches/

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Montana before use. Laws and regulations change frequently; verify all citations before relying on this document. This template is designed for the ezel.ai platform.