BUILDER STUDIO SUBSCRIPTION PLAN

INTRODUCTION

The Builder Studio™ Subscription (“Builder Care Plans or “Studio Subscription”; collectively, “Subscription Plan”) is a subscription support offering that includes access to maintenance, support, updates, and program resources that help all customers use and maximize their Builder™ investment, the Customer Applications on Builder Studio. The applicable Subscription Plan will be provided to Customer in accordance with the description outlined in this plan document. Customer is responsible for evaluating any advice or guidance received from Builder as part of a Subscription Plan and for implementing any such advice and guidance. “We,” “our” and “us” refers to Engineer.ai Corp and its subsidiaries.

SCOPE OF THE SUBSCRIPTION PLAN

During the term of the applicable plan, we’ll provide to you maintenance and  support services at such support levels as Customer purchases in accordance with Builder’s description of support services in Table 1 (Builder Studio Subscription Plans Summary), Table 2 (Contacting Support) and Table 3 (Severity Level for SLA), and the Service Level Agreement (“SLA”), which is incorporated herein by reference and available at </terms/service-level-agreement>.

TABLE 1: BUILDER CARE SUCCESS PLANS SUMMARY 

TABLE 2: CONTACTING SUPPORT

Customers can contact Support in any of the following ways:

TABLE 3: SEVERITY LEVELS FOR SLA

SERVICE LEVEL AGREEMENT

During the term of a Subscription Plan, we’ll render reasonable commercial efforts to meet the Service Level Agreement.

CURRENT RELEASE

Subscription Plan covers only ‘Builder-made’ releases.  Any unauthorized modifications, including third party components and Marketplace, are not supported and covered under any Subscription Plan.   

MAINTENANCE AND UPDATES

During the term of a Subscription Plan, we’ll provide you with all maintenance releases and updates to Building Blocks used in the Customer Application. 

24x7 Server uptime monitoring

We’ll check the availability and response time of your Customer Application, altering you and us of a problem as soon as it occurs.  For ‘Plus’ and above plans, this includes proactive load planning and monitoring. If there’s a problem, we’ll notify you, allowing both you and us to get your app up and running as soon as possible.

 

Software application bug fixes

If there’s a bug or glitch, we’ll help you fix them, including permanently fixes for recurring issues.  For ‘Plus’ plans and above, we go beyond resolving the immediate symptom by performing root cause analysis to understand the source of the bugs, helping you make the most optimal decision on dealing with them.

Platform updates for latest iOS / Android versions

Apple and Google regularly provide updates to their platforms, iOS and Android. We’ll ensure your app is updated as well so you can take advantage of new features and bug fixes for iOS and Android as they are made available.

Proactive technical support for third-party API / SDK updates on all standard features

We’ll provide technical assistance on all of the features that rely on or provided by a third party vendor. This means if your application is using a third party feature or component, such as Stripe or Paypal, and if there are issues with these third party components, we’ll provide assistance in resolving your concerns and also apply any patches that are provided by third party vendors. This excludes any third-party, SDK, security, feature, custom integration or browser addition that wasn’t part of your Buildcard.

Security Patches & Backup Management

We’ll ensure the task of ongoing updates and patches to help resolve any code vulnerabilities or errors for your is covered by us. Further, as part of the recovery strategy, we’ll maintain backups and perform periodic checks to ensure the backups are usable. This benefit excludes any third party or codes not originating from us. 

Updated tech-stack

We’ll update the data and all elements that go into running your app with new versions of tech stack to ensure you capture the benefits of innovation and changes made to these elements.

Infrastructure Performance and Application Performance Monitoring (APM)

If your app is hosted on the Builder Cloud, we’ll ensure consistent availability, performance and response times. We’ll monitor bugs and potential issues so your app can provide the expected user experience.

Enhancements to current features 

If you wish to make updates on features that are already shipped out (live on your app), we’ll cover up to 30% or 50% of the enhancements, based on your plan, without charging you.  This is limited to 7.5% of the total number of features per quarter. For example, if your Buildcard has 25 features and you are under Enterprise Care Plan, then 30% of the features, ie., ~8 features will be updated at no charge but no more than ~2 features per quarter (7.5% of 25) can be updated per quarter.  Additional updates or enhancements can be provided as Optional Support Services (see below).

DESIGNATED CONTACTS

“Designated Contacts” are Users that Customer identifies as primary liaisons between Customer and Builder for technical support. Customer shall identify and maintain at least one (1) Designated Contact. Customer shall notify Builder whenever Designated Contact responsibilities are transferred to another User. Customers’ Designated Contacts shall be responsible for: 

1. overseeing Customer’s support case activity, 

2. developing and deploying troubleshooting processes within Customer’s organization, 

3. resolving password reset, username and lockout issues for Customer, and 

4. requesting Expert Coaching sessions (Accelerators) and Admin Assist services. 

Customer shall ensure that Designated Contacts: 

A. have completed, at a minimum, the basic Services administration rights, 

B. are knowledgeable about the applicable Services and the Customer Application in order to help resolve, and to assist Builder in analyzing and resolving technical issues, 

C. have a basic understanding of any problem that is the subject of a case, and the ability to reproduce the problem in order to assist Builder in diagnosing and triaging it, and

D. have the requisite organizational authority, skill, experience, and other qualifications to perform Designated Contact duties.

REPRODUCING ERRORS

We must be able to reproduce errors in order to resolve them. Customer agrees to cooperate and work closely with us to reproduce errors, including conducting diagnostic or troubleshooting activities as requested and appropriate. Also, subject to Customer's approval on a case-by-case basis and only if necessary, we may request  remote access for troubleshooting purposes.

RESPONSE TIME

We’ll use commercially reasonable efforts to respond within the applicable response time provided in Table 3. 

EFFECT OF CUSTOMER FAILURE OR DELAY

We’re not responsible or liable for any delay or failure of performance caused in whole or in part by any delay or failure to perform any of Customer’s obligations under the Master Services Agreement or any Subscription Plans. 

SEVERITY LEVEL 1 COMMITMENTS

Severity Level 1 - 30 Minute Updates

For Severity 1 issues, once it has been acknowledged by Builder and Customer has been engaged, Builder shall provide updates to Customer regarding progress toward resolution at  regular intervals, initially targeted to be no more than every 30 minutes (or as the parties may otherwise agree) until a resolution or work-around has been provided. Reproducible errors that cannot promptly be resolved will be escalated to Engineering for further investigation and analysis. A multi-party bridge line may be established by Builder, in its discretion, to resolve a Severity 1 issue involving joint/multi-parties. Where two or more customers are experiencing similar Severity 1 issues, Customer may be invited to join a multi-customer bridge line established by Builder to communicate updates to multiple customers in a scalable manner.

Post Critical Incident (Severity Level 1) Communications

Post Critical Incident Meetings: Following any critical incident, upon Customer’s request, the parties will meet to debrief regarding the incident response. To the extent possible the parties will collaborate to perform a root cause analysis and evaluate strategies designed to prevent a recurrence of such critical incidents.

ADDITIONAL DETAILS

Travel and Expenses

Any Travel & Expenses incurred by Builder resources, subject to Customer’s approval, will be separately invoiced to Customer. Customer shall pay such invoice(s) in accordance with the invoicing terms of its Master Service Agreement, including the Professional Services Addendum.

Optional Support Services 

Builder, in its sole discretion, may provide Optional Support Services to Customer on Customer's request, at Builder’s standard hourly rates then in effect or in accordance with a Professional Services Addendum. 

EXCLUSIONS

Subscription Plans do not include any of the following:

- Implementation or marketing of the Customer Application.

- Assistance with Builder password resets. For password resets and lockouts due to incorrect login attempts Users should click the “Forgot your password?” link on the login page or contact their system administrator or wait for the lockout period to expire. For security reasons, Builder does not provide contact information for system administrators.

- Assistance with non-Builder products, services or technologies, including implementation, administration or use of third-party enabling technologies such as databases, computer networks or communications systems.

- Assistance with Builder Marketplace applications, whether authored by Builder or a third party, unless otherwise specified and identified.

- Creation or testing of custom code created by or for Customer by a third party, except as provided under a separate professional services agreement.

Builder has no obligation to provide services and support relating to errors that, in whole or in part, arise out of or result from any of the following:

- Customer Application that is modified or damaged by Customer or any third party;

- Any operation or use of the Customer Application that violates Builder’s Use Restrictions or Acceptable Use Policy;

- Any negligence, abuse, misapplication, or misuse of the Customer Application;

- Any breach of or noncompliance with any provision of the Master Services Agreement by Customer; and

- Any Force Majeure events.

DEFINITIONS

“Subscription  Plan” means the Builder Care Standard Success Plan or the Builder Care Enterprise Plan, including the “Plus” additions.  For avoidance of doubt, Subscription Plan excludes any free service level agreement (“SLA”) or any free plan.  Subscription Plans are purchased subscription support offerings as outlined in Table 1.

CHANGES TO BUILDER CARE SUCCESS PLANS

Builder may modify or enhance the Subscription Plans from time to time, provided the level of service under the plan will not materially decrease during a subscription term.

Last Updated: April 26, 2022