Terms of Use

ROGUE SECURITY – TERMS OF USE

These terms of use (the “TOU”) contains the TOU upon which Qualifire Ltd., and its affiliates (dba “Rogue Security”), grants to you (the “Subscriber”) (each, a “Party”, and together, the “Parties”) the limited right to use Rogue Security’s Product and Services (as defined below). Please read these TOU carefully before accepting it (including by clicking “I Agree”).

IT IS HEREBY CLARIFIED, THAT TO THE EXTENT YOU AND THE Rogue Security HAVE ENTERED INTO A DESIGNATED AGREEMENT WITH RESPECT TO THE USE OF THE PRODUCT, THESE TOU ARE SUBJECT TO THE TERMS OF SUCH DESIGNATED AGREEMENT.

• Subscription.
• Rogue Security hereby grants Subscriber during the Term, a limited, revocable, non-exclusive, non-sublicensable, non-transferable right for Subscriber and its employees who are permitted access to the Services by Rogue Security (“Authorized Users”) to access and use Rogue Security proprietary software as a service product (“Product”) in accordance with Rogue Security’s instructions and technical documentation ("Documentation"), solely for Subscriber’s internal business purposes, and under the terms set forth in the subscription plan selected by the Subscriber through Rogue Security’s website or application (the “Subscription”). By completing the Subscription process, Subscriber confirms its acceptance of these TOU, which shall apply to each monthly subscription purchased through the website or application. The access and use of the Product shall be also referred to as the “Services”.
• Product Evolution and Suspension. Rogue Security may, in its sole discretion, modify, enhance, update, reduce, replace, discontinue or otherwise change any feature of the Product, and may limit, suspend or block access where necessary to preserve security, comply with law, or prevent material abuse, provided Rogue Security uses commercially-reasonable efforts to avoid an overall material degradation of core functionality during the Term.
• Rogue Security shall provide technical support, on a basis of reasonable effort, all in accordance with the terms set forth in the SLA attached herein as Annex A.
• Restrictions on Use. Subscriber shall not use the Services in any manner or for any purpose other than as expressly permitted in the TOU. Subscriber may not, directly or indirectly, and may not authorize any third party to attempt to: (i) copy, modify, alter, tamper with, repair, or otherwise create derivative works of or distribute any part of the Product or Services; (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share Subscriber's rights under these TOU, with any third party; (iii) reverse engineer, disassemble, or decompile the Product or the Services, or attempt to discover the Product's source code or underlying algorithms; (iv) use, remove or alter any Rogue Security 's or any third party's logos, trademarks or any other or other proprietary rights affixed to or provided as part of the Product or the Services; (v) disturb or disrupt the Product or the Services, directly or indirectly, or transmit or activate viruses or any other unlawful material in connection with the Product or the Services; or (vi) use the Product or the Services in a manner that would violate applicable laws, or is outside the scope of the rights granted in these TOU. Subscriber must promptly notify Rogue Security in writing if it becomes aware of, or has reason to believe, that any of the prohibitions listed in this Section has been breached by Subscriber or any Authorized User.
• Rights and Title.
• Rights in Product.All title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) evidenced by or embodied in, attached, extracted from, connected, and/or related to the Product, Services, Documentation and the various practices, materials, methodologies, tools, and templates used with respect thereto (and all improvements enhancements, corrections, modifications, alterations, revisions, extensions and updates and derivative works thereof) are and shall remain solely in Rogue Security , and/or its licensors, if any (“Rogue Security IP”). Rogue Security expressly reserves all rights to the foregoing, and except for the limited grant of rights expressly set forth herein, Rogue Security does not grant the Subscriber any right, title, or interest in any intellectual property owned or licensed by Rogue Security. If Subscriber provides any feedback (such as suggested improvements or a like regarding the Services) (collectively, “Feedback”) Subscriber hereby grants to Rogue Security a non-exclusive, perpetual, irrevocable, transferable, royalty-free and worldwide right, with the right to grant and authorize sublicenses, to use and benefit from such Feedback to provide and improve the Product and/ or the Services and Rogue Security’s business without any compensation or credit due to Subscriber .
• Rights in Output. “Output” means any data, reports, analyses, insights, scores, flags, or other results automatically generated by the Product, including any detection of anomalies, hallucinations, or inconsistencies in AI-generated content, based on the Subscriber’s use of the Product and any Subscriber Data provided or processed through it. As between the Parties, the Subscriber shall own all right, title, and interest in and to the Output, excluding any Rogue Security IP embedded therein, and subject in all respects to Section 2.3 (Restrictions on Output). To the extent the Output contains any Rogue Security IP, Rogue Security hereby grants the Subscriber a perpetual, worldwide, non-exclusive, royalty-free, non-transferable license to use such Rogue Security IP solely as incorporated in the Output and solely for the Subscriber’s internal business purposes, subject to Section 2.3 (Restrictions on Output) and the confidentiality obligations set forth herein.
• Restrictions on Output.
• This Section applies to all Output, whether in original or derivative form, including Output received in any trial, proof of concept or demonstration; it does not apply to Subscriber Data in the form provided by Subscriber. This Section applies equally to Output accessed or received by any Affiliate, Authorized User, contractor, reseller, distributor, managed service provider, integrator or other partner of Subscriber, whether through Subscriber or on its behalf, and Subscriber shall be responsible for their compliance with this Section as if their acts or omissions were Subscriber’s own. Notwithstanding Section 2.2, Subscriber shall not, and shall not permit any third party to: (i) use Output to train, fine-tune, distill, calibrate, evaluate or otherwise develop or improve any model, classifier, guardrail, judge, detector or detection logic, or as training data, labels or ground truth for any such purpose; (ii) make Output available to any third party, or publish comparative benchmark or evaluation results, without Rogue Security's prior written consent, other than to Subscriber's advisors and auditors under confidentiality obligations or as required by law; or (iii) extract or accumulate Output beyond what is reasonably necessary for Subscriber's permitted use of the Services, including by automated querying. Subscriber may use Output internally to monitor, audit and remediate risks in its own AI systems, including by changing the prompts, configuration or model selection of the relevant application, and may retain Output for compliance and audit purposes. This Section survives termination of these TOU indefinitely, and Rogue Security shall be entitled to seek injunctive and other equitable relief in respect of its breach.
• Subscriber Data, Privacy and Security
• Subscriber warrants that as between the Parties, Subscriber solely owns and retains all rights, title and interest in and to Subscriber Data including all Intellectual Property Rights embodied in Subscriber Data. " Subscriber Data" means any data or information associated with the Subscriber that the Product automatically accesses, collects, processes and/or hosts when Subscriber uploads to the Product or that is transmitted from Subscriber’s use of the Product. Subscriber hereby grants to Rogue Security, during the Term, a non-exclusive, worldwide royalty-free right store, use and otherwise process the Subscriber Data solely to the extent necessary to provide the Services under these TOU. Subscribers represent and warrants that Subscriber Data will not infringe the intellectual-property rights, privacy rights, or any other rights of any third party, and do not violate any applicable law. In providing the Services, Rogue Security will (i) store, process and access Subscriber Data only to the extent reasonably necessary to provide Subscriber the Services; and (ii) implement and maintain commercially reasonable technical, physical and organizational measures to protect the security, confidentiality and integrity of Subscriber Data hosted by Rogue Security or Rogue Security’s authorized sub-processors, from unauthorized access, use, alteration or disclosure. Rogue Security shall have no liability for any security incident or data breach to the extent arising from Subscriber’s negligence, misuse, or breach of these TOU.
• Rogue Security does not require the submission of personally identifiable information, as defined under applicable law (“PII”) to provide the Services, and by default, the Product is not intended to process such data. If Subscriber submits PII as defined under applicable data protection law, such data will be processed in accordance with the data processing addendum (“DPA”) available at https://www.rogue.security/dpa, which is incorporated by reference into and forms an integral part of these TOU, and applicable law. References in the DPA to “Customer” mean Subscriber, and references to “Qualifire” mean Rogue Security. The version of the DPA in effect when Subscriber accepts these TOU shall apply. Rogue Security may update the DPA by posting an updated version and giving notice, with the updated version taking effect from the beginning of the next Billing Cycle.
• Subscriber grants Rogue Security a worldwide, royalty-free, perpetual right to use Subscriber Data, solely in aggregated and irreversibly anonymized form, for the purpose of improving the functionality, performance, and quality of the Product and Services.
• Confidential Information.
• Each party (the “Receiving Party”) may have access to certain non-public and/or proprietary information of the other party (the “Disclosing Party”), in any form or media, including confidential trade secrets and other information related to the products, software, technology, data, know-how, or business of the Disclosing Party, whether written or oral, and any such other information that, regardless of the manner in which it is furnished and given the totality of the circumstances, a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive (the “Confidential Information”). The Receiving Party shall take reasonable measures, at least as protective as those taken to protect its own confidential information, but in no event less than reasonable care, to protect the Disclosing Party's Confidential Information from disclosure to a third party. The Receiving Party shall not use or disclose the Confidential Information of the Disclosing Party except as expressly permitted under these TOU. All right, title and interest in and to Confidential Information are and shall remain the sole and exclusive property of the Disclosing Party.
• Notwithstanding the foregoing, the parties agree that Confidential Information will not include any information that the Receiving Party has documentation to demonstrate such information: (i) is or becomes publicly known or is or becomes part of the public domain through no fault of the Disclosing Party; (ii) the Disclosing Party authorizes in writing to be disclosed; (iii) is rightfully received by the Receiving Party from a third party without restriction on disclosure and without breach of these TOU; (iv) is previously known to the Receiving Party from the date of acceptance to these TOU from a source other than the Disclosing Party, and not subject to a confidentiality obligation. Notwithstanding anything to the contrary in these TOU, if vulnerabilities are detected in Subscriber systems by Rogue Security in its performance of the Services, Rogue Security may use such information solely for its own internal purposes, including the development the Product or any other products and services, and to inform the performance of services for other Subscribers, provided that such information is only utilized and disclosed once it is irreversibly aggregated and anonymized in a manner such that it cannot be used to identify or re-identify Subscriber.
• Consideration.
• Fees. The Services are conditioned on Subscriber's payment in full and in advance of the applicable fees set forth in the subscription plan selected by the Subscriber through Rogue Security’s website or application (the “Subscription Fees”).
• All Subscription Fees are non-refundable and exclusive of tax. Fees shall be payable within thirty (30) days of the date of the invoice issued by Rogue Security. Payment of Fees shall be made in one of the methods available through the Subscription purchase process on Rogue Security’s website or application. All Subscription Fees displayed on Rogue Security’s website or application are exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. Subscriber shall bear all value added, state, local, withholding, and other taxes or other charges applicable to the Services. In the event that Subscriber is required by law to deduct and/or withhold any amounts from any payments due hereunder, it shall gross-up and increase the amounts to be paid to Rogue Security so that the actual net amount to be paid to Rogue Security shall equal the fees that would have been due to Rogue Security without such deduction or withholding.

5.3. The Company may change, update or modify the Subscription Fees and plans' scope at any time by posting the updated terms and by providing a notice. Updated Subscription Fees, if any, will take effect from the beginning of the next Billing Cycle following the date of such notice. If you do not agree with any of the updated terms or fees, you must stop using the Services. Continued use of the Services following notice of any modifications indicates that you acknowledge and agree to be bound by the modifications. Unless otherwise required by law, the updated terms are effective as of the day of posting.

• Term and Termination.
• Term. These TOU shall remain in effect as long the Subscriber maintains an active Subscription, unless terminated earlier in accordance with the terms hereof (the "Term"). The Subscription is provided on a month-to-month basis and shall automatically renew at the beginning of each billing cycle (the “Billing Cycle”), until terminated by either party by providing the other party with prior written notice at least 15 days before the end of the then current Billing Cycle.
• Termination for Cause
• Material Breach. Either party may terminate these TOU with immediate effect upon written notice to the other party if the other party materially breaches these TOU and such breach remains uncured (to the extent that the breach can be cured) thirty (30) days after having received written notice thereof.
• Distress Event. In the event that either party becomes liquidated, dissolved, bankrupt or insolvent, whether voluntarily or involuntarily, or shall take any action to be so declared, the other party shall have the right to immediately terminate the Subscription.
• Effect of Termination.
• General. Upon termination of these TOU, (1) Subscriber shall immediately discontinue all access and use of the Product and Services and shall promptly delete all copies of the Documentation in Subscriber’s or any of its representatives’ possession or control; (2) Rogue Security will delete Subscriber Data and Authorized Users access. Rogue Security shall have no obligation to retain or make available any Subscriber Data following termination, unless otherwise required by law or mutually agreed in writing.
• Survival. This Section ‎7 and Sections ‎1.4 (Restrictions on Use), ‎2 (Rights and Title), 2.3 (Restrictions on Output),‎4 (Confidential Information) ‎‎5 (Consideration), ‎8 (Warranty Disclaimer), ‎9 (Limitation of Liability), ‎10 (Indemnification), and ‎11‎ (Miscellaneous) shall survive termination of these TOU.
• Representations of the Parties.
• Each Party represents and warrants that it is duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation or organization; and that the acceptance and performance of these TOU will not conflict with other agreements to which it is bound or violate applicable law.
• Rogue Security represents and warrants that (1) it and its personnel shall have, and shall maintain throughout the Term, the capability, skills, experience, licenses, and means required (in accordance with applicable law) to perform the Services; (2) Rogue Security will perform the Services in accordance with the cloud resilience professional standards, know-how, processes, procedures and work methods of Rogue Security, as maybe updated by Rogue Security from time to time.
• Rogue Security is not responsible for detecting, identifying, correcting, or addressing any errors, inaccuracies, or defects in Subscriber Data, regardless of whether such issues result from imprecise, ambiguous, or incorrect data entry, storage, interpretation, processing, or reporting. Rogue Security shall have no liability for any issues or defects arising from the processing of Subscriber Data in any system, whether operated by Subscriber, a third party, or otherwise. Rogue Security does not undertake, and shall not be responsible for, any review, investigation, or detection of fraud, illegal acts, or other irregularities as part of the Services. The Services provided by Rogue Security are strictly advisory in nature and do not constitute legal advice, legal opinions, or assurances of compliance with any laws, regulations or policies. To the extent Rogue Security provides recommendations, findings, or analyses in connection with the Services, Subscriber retains full and sole responsibility for evaluating, approving, and implementing such recommendations. Subscriber shall make all final decisions related to the use of the Services and is solely responsible for any outcomes resulting from its reliance upon or implementation of any deliverables, reports, or other output.
• To the fullest extent permitted by applicable law, and except as expressly set forth in these TOU, the Services and all related materials, including any Output, are provided “as is” and “as available,” without warranty of any kind. Each Party hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, non-interference, or that the Services or Output will be error-free or operate without interruption, or that any data or information will be secure, complete, or reliable. Without limiting the foregoing, Rogue Security does not warrant that: (a) the use of the Services will be uninterrupted, timely, secure, or error-free;
  (b) the Services will detect, prevent, mitigate, or protect against all possible hallucinations, anomalies, errors, or threats (whether known, unknown, expected, or unforeseen); or (c) any Output will be accurate, reliable, complete, or suitable for any particular use case or decision-making purpose. The Output is generated by automated systems based on probabilistic models and Machine Learning techniques and may contain inaccuracies, including false positives and false negatives, especially with respect to the identification, detection, or classification of hallucinated content. The Output is intended for informational purposes only and does not constitute advice, certification, assurance, or any representation of factual accuracy. Rogue Security disclaims all liability arising from or relating to Subscriber’s reliance on the Output,and Subscriber acknowledges that it assumes full responsibility for verifying and validating any Output prior to use.
• Subscriber acknowledges and agrees that the Services may incorporate and rely on Artificial Intelligence (“AI”) and Machine Learning algorithms (“Machine Learning”), which are inherently probabilistic and continuously evolving. Rogue Security makes no warranties or representations regarding the accuracy, effectiveness, reliability, or performance of any AI or Machine Learning functionality, and expressly disclaims any liability for errors, inaccuracies, or omissions resulting from their use. No specific outcome or result is guaranteed, and Subscriber uses such functionality at its own risk.

• Limitation of Liability.
• NEITHER PARTY SHALL BE LIABLE, IN CONTRACT OR TORT, UNDER STATUTE OR OTHERWISE, ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH CLAIMS ARISING OUT OF THESE TOU OR SUBSCRIBER’S SUBSCRIPTION, OR OTHERWISE RELATING TO THE SERVICES, INCLUDING ANY AMOUNT FOR LOSS OF PROFIT, DATA OR GOODWILL, WHETHER OR NOT THE LIKELIHOOD OF SUCH LOSS OR DAMAGE WAS CONTEMPLATED. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR AGGREGATED DAMAGES IN EXCESS OF THE FEES ACTUALLY PAID OR PAYABLE TO Rogue Security BY SUBSCRIBER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
• NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL LIMIT THE LIABILITY OF EITHER PARTY IN ANYWAY FOR LIABILITY OR DAMAGES ARISING FROM (A) INTENTIONAL MISCONDUCT, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) BREACH OF SECTION 2.3 (RESTRICTIONS ON OUTPUT) OR INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. THE EXCLUSIONS AND LIMITATIONS IN SECTION 9.1, INCLUDING THE EXCLUSION OF LOSS OF PROFIT AND GOODWILL, SHALL NOT APPLY TO LIABILITY UNDER CLAUSE (C) ABOVE. NO CLAIM RELATING TO THE SERVICES OR OTHERWISE UNDER THESE TOU SHALL BE MADE AFTER THE LAPSE OF 12 MONTHS FOLLOWING THE COMPLETION OF A PARTICULAR SERVICE, OTHER THAN A CLAIM ARISING UNDER SECTION 2.3 (RESTRICTIONS ON OUTPUT).
• Indemnification.
• Rogue Security shall defend, indemnify and hold harmless Subscriber, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any claim that the Product, Services and/or Documentation infringes any third-party intellectual property right. Indemnification hereunder shall be conditioned upon: (a) Subscriber notifying Rogue Security of the claim immediately upon becoming aware thereof, (b) Subscriber allowing Rogue Security to assume full control of the defense and settlement of such claim, and (c) Subscriber reasonably cooperating with Rogue Security in defense and settlement of the claim. The foregoing defense and indemnity shall not apply to the extent that the underlying claim or loss (a) results from or is based on any Subscriber Data (including any Sensitive Data, or (b) is caused by Subscriber’s breach of these TOU or of applicable Law; (c) arises from Subscriber’s use of the Product not in accordance with the Documentation; (d) results from the combination of the Product with any third-party products, services, or systems not provided or approved by Rogue Security; or (e) results from modifications or alterations to the Product not made by or on behalf of Rogue Security.
• Miscellaneous. These TOU shall constitute the full Agreement between the Parties with respect to its subject matter and shall supersede any and all prior agreements and understandings relating thereto. No change, modification, alteration or addition of or to any provision of these TOU shall be binding unless in writing and executed by or on behalf of both Parties by a duly authorized representative. These TOU and any rights or obligations hereunder may not be transferred or assigned by either party without the prior written consent of the other party, except that either party may assign these TOU as a whole to a successor to all or substantially all of its assets or business related to these TOU, without such consent. Subject to the foregoing, these TOU shall be binding upon and inure to the benefit of the parties and their successors and assigns. Subscriber acknowledges that Rogue Security reserves the right to use Subscriber's trademarks, logo, and name for any marketing purposes, including press release, newsletter and social media, however, without compromising any confidential information of Subscriber. Subscriber may opt out of such use at any time upon written notice to Rogue Security. If any of the terms contained in these TOU shall, for any reason, be held to be void or unenforceable, it shall not affect the validity or enforceability of any other term in these TOU. These TOU do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Parties. Rogue Security will not be liable for any delay or failure to provide the Services resulting from circumstances or causes beyond the reasonable control of Rogue Security including, but not limited to on account of strikes, shortages, riots, insurrection, fires, flood, storms, explosions, acts of God, war, government or quasi-governmental authorities actions, acts of terrorism, earthquakes, power outages, pandemic or epidemic (or similar regional health crisis), or any other cause that is beyond the reasonable control of Rogue Security. These TOU shall be governed by and construed under the laws of the State of Israel without reference to principles and laws relating to the conflict of laws. The competent courts of Tel-Aviv shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to these TOU. All notices relating to these TOU shall be in writing, signed by the party giving or making such notice or communication, and shall be delivered by: (a) personal delivery; or (b) electronic transmission; or (c) certified or registered mail, return receipt requested by electronic mail; or (d) recognized overnight courier service. Notices shall be sent to the email address provided by the Subscriber during the Subscription process, and notices to Rogue Security shall be sent to admin@rogue.security. Such notices shall be deemed given upon personal delivery, three (3) business days after deposit in the mail, one (1) business day if delivered by overnight courier, or upon acknowledgment of electronic transmission.

ANNEX A

ROGUE SECURITY – MAINTENANCE AND SUPPORT PROGRAM

• Maintenance Services.
• Rogue Security will provide Subscriber with remedial and preventive maintenance and support services to the Product, as provided in and subject to the terms set forth in Rogue Security's SLA (the “SLA”) as detailed herein (“Maintenance Services”) to keep the Product in good operating condition, and subject to the terms of Rogue Security’s TOU (the "TOU").
• Rogue Security’s obligation to provide Maintenance Services is dependent upon: (i) the TOU being in effect; and (ii) the performance by Subscriber of all of its obligations set forth in the TOU and the obligations set forth herein.
• Without derogating from the provisions of the SLA, Rogue Security shall not be obligated to provide Maintenance Services pursuant to this SLA, that are required as a result of any of the following: (i) abuse, misuse, accident or neglect; (ii) repairs, alterations, customization and/or modifications; or (iii) use of materials composed by the Subscriber which may not comply with Rogue Security’s requirements; (iv) use of the Product for other than the intended purpose for which it was licensed; (v) alternations, modifications or integration of the Product with third party software (for the avoidance of doubt Rogue Security shall provide Maintenance Services in its 'out of the box' configuration); or (vi) inadequate backups of the Product by the Subscriber that prevent Rogue Security from reinstalling the Product before or after the reported problem was solved.
• Service Level Agreement (“SLA”)
• Rogue Security will support the Subscriber with problems generated directly by and as part of the Product, as defined in this SLA, including support for technical or installation problems, implementation and documentation errors. For the purpose of this SLA, the terms technical problems or installation problems shall be defined herein as defects (“Defect(s)”).
• Initiating Support Requests.

Support calls shall be initiated by a designated individual nominated by Subscriber (the “Representative”) by filing of a Support Request through a designated form in the Product's help section, or by an email to support@rogue.security.

• Handling of Support Requests.
• The Rogue Security Support Team (“QST”) shall recreate the Defect reported in Rogue Security's labs using the relevant 'out of the box' version of the Product.
• Rogue Security may request the Representatives:
• To provide additional information (e.g. screen shots, log information etc.).
• To perform troubleshooting activities to enable identification of the source of the reported problem.
• To install patches or files that are sent by Rogue Security to be executed accurately in accordance with Rogue Security’s instructions and the results of such installation will be reported back to the QST.
• In any case where the Defect was successfully recreated by QST, Rogue Security shall send an appropriate fix in accordance with the timetables set forth herein below.
• Rogue Security will not support or provide solutions to problems (i) that were not generated directly by or on the Product, including but not limited to, problems generated by Subscriber’s database, network components, operating systems, applications or integration with other systems; or (ii) in the Product that has be customized or otherwise modified; or (iii) If the Subscriber did not implement any preventive maintenance steps and procedures that will be directed by Rogue Security.
• Priority Levels of Defects.

Initial response for Defects will be provided based on the severity of the Defect as follows:

Subscriber Support for the Product covers (i) development and production issues for the Product and its components, (ii) Informational and implementation questions about the Product and features; and (iii) troubleshooting operational problems with the Product.

• Response Times and Availability

QST will attempt to respond to cases within these internal time frames. These are targets only, and are not guaranteed. QST does not guarantee resolution times or delivery dates. These times are subject to change depending on the nature of a case and complexity of the reported case.

Categorization	Criteria	Initial Response Time	Status Update
Level 1/Priority 1 Critical/Urgent	Critical technical issue resulting in a total loss of core functionality in the Product. No workaround is available.	Within 2 Business Hours	4 Business Hours
Level 2/Priority 2 High	Major technical issue resulting in severe performance problems in the Product. No workaround is available.	Within 6 Business Hours	1 Business Day
Level 3/Priority 3 Normal/Medium/Low	A minor technical issue where the Subscriber can use the Product with only slight inconvenience.	1 Business Day	1 Business week

• Not all Level 3 problems will require a workaround. Rogue Security may, in its reasonable discretion, respond to a Level 3 problem by making correction of the error a feature request.
• For Level 1 and Level 2 incidents, Subscriber shall initiate contact with QST via email and indicate the probable category of the incident. Email Support shall be standard business hours.
• QST’s Business Days and standard Business Hours are Monday to Friday 8:00 a.m. to 5:00 p.m. EST.
• Response time is defined as the time between the creation of the case and the first attempt of a Rogue Security support engineer from QST to contact the Subscriber who initiated a case.
• Above severities apply to systems in production, errors in non-production systems (test, development, sandbox) will be automatically downgraded one level.
• Problems with the installation of the Product have Priority/Severity “High” at a maximum.
• When a Subscriber initiates a case outside standard business hours, then the case will be handled as if it was initiated at 8 a.m. the next business day.
• A Rogue Security installation in an environment which is not in compliance with Rogue Security's sizing and technical recommendations will be automatically downgraded by one level.
• Above response times apply only if e-mail communication is provided via support@rogue.security
• If QST determines that an issue is fixed in a released patch, QST may require the Subscriber to apply this patch before commencing troubleshooting.
• Resolved Queries.

An issue is considered resolved when (i) the issue is solved; (ii) the source of the issue is determined to lie with a third party; or (iii) Subscriber does not respond to a request from Rogue Security within seven (7) consecutive days after Rogue Security’s request.

Solution to Defects may include workaround, Product patch or new Product version.

• Amendments

Rogue Security may modify this SLA at any time by posting the revised version at the location where the SLA is maintained or by otherwise notifying Subscriber.