1.    Applicable Terms and Order of precedence

1.1     DroneShield’s provision of Mission Ready Support is governed by:

(a)            the EULA;

(b)            any additional terms expressly set out in the Order; and

(c)            these Mission Ready Support Documents, which include these Terms and Conditions,

as incorporated into the applicable Order.

1.2     For the avoidance of doubt, Mission Ready Support extends to software only. Addressing issues with hardware, including but not limited to physical defects, is not within the scope of Mission Ready Support.

1.3     If there is any inconsistency between the documents listed in clause 1.1, those documents prevail in the order in which they are listed in that clause, unless the applicable Order expressly states otherwise.

2.   Interpretation and definitions

2.1     Unless defined in these Terms and Conditions, capitalised terms used in these Terms and Conditions have the meaning given to those terms in the EULA or the applicable Order. If a capitalised term is defined in both these Terms and Conditions and the EULA, the definition in these Terms and Conditions applies for the purposes of Mission Ready Support and only to the extent of any inconsistency. Words denoting the singular include the plural and vice versa.

Affected Service means the relevant Supported Goods and Services, or the relevant part of them, directly affected by an Incident.

          Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales, Australia.

Business Hours means 9:00 am to 6:00 pm Sydney, Australia time on a Business Day.  

Cosmetic Issue means a visual, display, formatting or user-interface issue that does not affect the substantive operation of the Supported Goods and Services.

Customer means the party purchasing the Supported Goods and Services from DroneShield, as identified in the relevant Order. For the avoidance of doubt, where the Supported Goods and Services are purchased through a Third Party Provider, the Third Party Provider will be the Customer for that Order.

Customer Dependency means any information, access, approval, cooperation, system, connectivity, portal, device, log, diagnostic, personnel, reseller, distributor, partner, End User or other dependency reasonably required for DroneShield to provide Mission Ready Support, classify an Incident, meet a Service Level or assess a Service Credit claim.

DroneShield means the DroneShield entity identified in the applicable Order. If no entity is identified, DroneShield means DroneShield LLC where the Customer is in the United States, and DroneShield Group Pty Ltd (ABN 44 668 560 610) where the Customer is located otherwise.

End User means the individual, company, or other legal entity, which is the ultimate end user of the Supported Goods and Services, as expressly stated in the Order.

EULA means DroneShield’s End User Licence Agreement, as amended or replaced periodically and available on DroneShield’s website.

Excluded Activities has the meaning given to the term in clause Error! Reference source not found..

Excluded Event means: any event, circumstance or matter described in Schedule 1 – Excluded Events; any Customer Dependency; any Force Majeure Event; any Excluded Activity; and any other circumstance described in the Mission Ready Support Documents that is outside of DroneShield’s reasonable control and prevents, delays or affects DroneShield’s ability to provide Mission Ready Support or meet a Service Level. 

Extended Subscription means a Subscription that extends or renews support for Supported Goods and Services after the initial purchase of the relevant Supported Goods and Services.

Force Majeure Event means any failure or delay by DroneShield in performing a contractual obligation under these Terms and Conditions that is due to causes beyond DroneShield’s reasonable control, including natural disaster, outbreak of disease, government acts or omissions, laws or regulations, labour strikes or difficulties, transportation stoppages or slowdowns, telecommunications failure, utility failure, supply chain disruption, cyber incident, security incident or inability to procure parts, materials, personnel or services.

Immaterial Degradation means a degradation that affects use, performance or convenience but does not materially impair the Customer’s ability to use the core supported functionality of the Supported Goods and Services for their intended operational purpose.

Incident means an issue that falls within a Support Category, affects Supported Goods and Services and is logged in accordance with the processes set out in the Mission Ready Support Documents.              

Material Degradation means a degradation that materially impairs the Customer’s ability to use the core supported functionality of the Supported Goods and Services for their intended operational purpose, even if some limited use or Workaround remains available.

Minor Issue means a low-impact issue, enquiry or defect that does not materially affect operation, performance, detection, identification, tracking, mitigation or other core supported functionality of the Supported Goods and Services.

Mission Ready Support means the enhanced paid, Service Level-backed support offered by DroneShield to the Customer under the applicable Order and these Terms and Conditions.

Mission Ready Support Period means the period during which DroneShield provides Mission Ready Support under the applicable Order, including any extension applied as a Service Credit.

Mission Ready Support Hours means the hours during which Mission Ready Support will be offered. Unless the Order states otherwise, Mission Ready Support Hours are:

(a) for Product Guidance Support and Technical Investigation Support, 0600 to 2200 AEST, 7 days per week; and

(b) for Engineering Review Support, during Business Hours.

Non-critical Issue means an issue that affects Supported Goods and Services but does not materially impair their core operational use.

Priority Level means the priority classification assigned to an Incident in accordance with clause Error! Reference source not found..

Resolution means permanent correction of the underlying issue. Unless the Order expressly states otherwise, achieving a Resolution is not a Service Level.

Response Time means the time from creation of a Valid Ticket until initial acknowledgement. For the avoidance of doubt, an automated acknowledgement is a valid form of initial acknowledgement and will bring the Response Time to an end.

Restore Time means the time from Valid Ticket creation until the Affected Service is restored to an operational state, including by temporary fix, Workaround, configuration change or other mitigation.

Service Credit means an extension of the Mission Ready Support Period. A Service Credit is not a refund, rebate, price reduction, invoice credit, set-off, damages payment or cash payment.

Service Level means a service level target, as set out in clause Error! Reference source not found..

Service Level Failure means DroneShield’s failure to meet an applicable Service Level for an Incident, excluding any failure, delay or non-performance caused by or contributed to by an Excluded Event.

Support Category means a category of support activity described in clause Error! Reference source not found. that identifies the type and scope of Mission Ready Support activity that DroneShield may perform for an Incident, but does not determine the Priority Level, applicable Service Level or any entitlement to a Service Credit.

Support Channel means the applicable support channel described in the Mission Ready Support Documents, or any alternative support channel nominated by DroneShield in accordance with those documents.

Support Commencement Time means the time from creation of a Valid Ticket until DroneShield’s support personnel commence substantive investigation or technical engagement in relation to the Incident. For the avoidance of doubt, an automated acknowledgement does not constitute substantive investigation or technical engagement and does not stop the running of the Support Commencement Time.

Supported Goods and Services means the DroneShield software, software-enabled functionality and other DroneShield products or services expressly identified in the applicable Order as being covered by an active Subscription, but only to the extent supported under these Terms and Conditions

Terms and Conditions means these Mission Ready Support: Terms and Conditions, as may be amended from time to time.

Third Party Provider means a reseller, distributor, partner or third party to whom DroneShield provides Supported Goods and Services for the express purpose of resale, supply, distribution or provision to an End User, and with whom DroneShield has entered into an Order for the purchase of the relevant Supported Goods and Services.

Valid Ticket means a support request submitted through the applicable Support Channel with sufficient information for DroneShield to triage and initially investigate the issue.

Workaround means a temporary process, configuration, mitigation or alternative method that allows the Customer to continue using the affected supported DroneShield functionality in whole or in part, even if a Resolution is not achieved.

3.   Mission Ready Support availability and term

3.1     DroneShield is not required to provide Mission Ready Support, meet any Service Level or provide any Service Credit unless: (a) the Customer has paid all amounts due for Mission Ready Support; (b) the relevant Supported Goods and Services are covered by an active Subscription and applicable Order; (c) the Customer and End User comply with the EULA, Documentation, applicable Order and Mission Ready Support Documents; and (d) the provision of Mission Ready Support would not cause DroneShield to breach any applicable law, export control, sanctions requirement or government direction.

4.   No availability commitment

Mission Ready Support does not include any uptime, hosted service availability, platform availability, system availability, continuous monitoring or managed service commitment.

5. Scope of Mission Ready Support support services

5.1      Mission Ready Support applies only to activities that fall within a Support Category and expressly excludes all Excluded Events.

5.2      For the avoidance of doubt, for a valid Incident to exist it must include a request for support that falls within a Support Category.  

5.3      For the avoidance of doubt, the Included Activities listed for a Support Category are examples of the types of Mission Ready Support activity that DroneShield may perform for an Incident within that Support Category. DroneShield is not required to perform or complete all Included Activities, or any particular Included Activity, in order to triage, investigate, support, mitigate, restore, reclassify, close or otherwise address an Incident. The Support Category does not determine the applicable Service Level. The applicable Service Level is determined by the Priority Level assigned to the Incident in accordance with these Terms and Conditions.

5.4.      The scope and examples of each Support Category are as set out below:

5.5      For the avoidance of doubt, Mission Ready Support does not apply to any warranty claims, hardware replacement, hardware repair, physical component failure, spares, RMA processing, repair logistics, third-party hardware repair logistics, warranty fulfilment, professional services, implementation services, integration services, managed services or training services unless expressly stated in the Order. These matters fall within the scope of Excluded Events.

5.6      DroneShield will determine the applicable Support Category for an Incident acting reasonably, having regard to the information available to DroneShield, the nature of the support request, the Supported Goods and Services affected, and the type of support activity DroneShield reasonably considers appropriate. DroneShield may determine, confirm or adjust the Support Category at any time during triage, investigation, escalation or support handling as further information becomes available. Allocation of a Support Category is for support management purposes only, is not a Service Level, does not determine the Priority Level, applicable Service Level or any entitlement to a Service Credit, and does not require DroneShield to complete all Included Activities listed for that Support Category.

5.7      A Support Category is not a promise that any particular person, team or resource will be assigned to an Incident. DroneShield will determine the appropriate personnel, tools and technical pathway for the Incident.

5.8      Mission Ready Support does not include bespoke services, including, but not limited to, implementation, configuration design, system architecture, integration, training, project management, consulting, customisation, managed services or other professional services.

6.   Support channels and reseller pathway

6.1     The Customer must submit support requests through the applicable Support Channel below unless: (a) the Order requires the Customer to submit support requests through a Third Party Provider; (b) DroneShield has nominated another Support Channel; or (c) DroneShield otherwise agrees to an alternative Support Channel with the Customer in writing.

Region and Support Channel:

• APAC / EU: support@droneshield.com

• United States: gov.support@droneshield.com

6.2    A support request submitted through the applicable Support Channel will be treated as having been received upon delivery to DroneShield’s nominated support system or inbox.

6.3    Where support requests are submitted on behalf of the End User by a Third Party Provider, the request will only be treated as having been received upon DroneShield’s receipt of a Valid Ticket, not the receipt of the request by the Third Party Provider.

6.4    DroneShield may update Support Channels, ticketing processes, required support information, escalation processes and support procedures from time to time, provided the update does not materially reduce the Service Levels expressly purchased by the Customer for the then-current Mission Ready Support Period.

7.   Support procedures and measurement

7.1     Upon receipt of a support request, DroneShield will assess whether the support request is a Valid Ticket.

7.2     If DroneShield reasonably determines that the support request is not a Valid Ticket due to a lack of information, DroneShield may request the missing information from the Customer. If DroneShield requests missing information, the applicable Service Level does not begin until the Customer provides the missing information.

7.3     A Valid Ticket must include sufficient information for DroneShield to triage and initially investigate the issue, including:

7.3.1       registered entity details of the Customer and End User (if different);

7.3.2       contact details of the Customer’s representatives, or if DroneShield agrees in writing to liaise with the End User directly, the End User’s representative;

7.3.3       details of the affected Supported Goods and Services, including the serial numbers of the relevant hardware;

7.3.4       a sufficiently detailed description of the issue;

7.3.5       details of the observed impact;

7.3.6       time of occurrence(s), if known;

7.3.7       available logs, screenshots, diagnostics; and

7.3.8       any other information reasonably requested by DroneShield to appropriately diagnose the issue and assign a Service Level.

7.4     The Service Level clock is suspended to the extent any Customer Dependency exists, any Excluded Event applies, or the relevant agreement otherwise permits suspension.

7.5     For the purposes of calculating the time taken to address an Incident, only time falling within the applicable Mission Ready Support Hours will be counted.

7.6     DroneShield’s ticketing records, support logs, system timestamps and support communications are the primary records for determining ticket creation time, acknowledgement time, Support Commencement Time, Restore Time, Priority Level, Service Level compliance and any Service Credit entitlement, unless the Customer demonstrates manifest error.

7.7     The Customer is responsible for ensuring that any logs, screenshots, diagnostics, files, system access or other materials provided to DroneShield are accurate, lawful to provide and do not contain classified, sensitive, restricted, personal or third-party confidential information unless DroneShield has expressly agreed in writing to receive that information. DroneShield is not responsible for any delay, inability to provide support or Service Level Failure arising from the Customer’s failure to provide usable, lawful or sufficient support materials.

7.8     Any preliminary diagnosis, classification, technical comment, workaround, escalation or support communication is provided for support management purposes only and does not constitute an admission of liability, warranty breach, defect, Service Level Failure or entitlement to a Service Credit.

7.9     DroneShield is not required to access, connect to, interact with, test, support or provide Mission Ready Support in respect of any Customer or End User system, network, device, environment, infrastructure, data, file, log, diagnostic, credential, account or material where DroneShield reasonably considers that doing so may create a security, legal, regulatory, export control, sanctions, confidentiality, privacy, cyber security, safety or operational risk. DroneShield may require the Customer to provide alternative access, redacted materials, test data, logs, diagnostics, screenshots, information or other materials reasonably acceptable to DroneShield.

8.   Priority Levels

8.1      The Priority Level for an Incident is determined by impact and urgency, and reflects the actual operational effect of the Incident on the Supported Goods and Services.

8.2      DroneShield will determine the Priority Level for an Incident acting reasonably and by reference to the information available to DroneShield.

8.3      DroneShield may review and adjust the Priority Level assigned to an Incident where new or additional information indicates that the impact, urgency, Affected Service or operational circumstances relating to the Incident have changed, or were not accurately reflected in the previously assigned Priority Level.

8.4        The examples in this clause 8 describe potential operational impact for the purpose of Priority Level classification only. They do not expand the scope of Mission Ready Support or require DroneShield to provide hardware replacement, hardware repair, RMA handling, repair logistics, on-site support, managed services or any other Excluded Activity or support in respect of an Excluded Event.

9.    Service Levels

9.1        Response Time, Support Commencement Time and Restore Time are each a Service Level. The relevant timing for each Service Level is determined by the applicable Priority Level, in accordance with the timeframes set out in the table below:

9.2        Restore Time is satisfied once the Affected Service is returned to an operational state, including by temporary fix, Workaround, configuration change or other mitigation. Restore Time does not require Resolution.

10.    Service Credits

10.1        Service Credits apply only where there is a Service Level Failure.

10.2        Service Credits are extensions of the Mission Ready Support Period only. They are not refunds, rebates, price reductions, cash payments, invoice credits, damages payments or set-off rights.

10.3        Service Credits are capped at an aggregate maximum of two months’ extension to the Mission Ready Support Period.

10.4        Service Credits do not stack. The Customer may receive only the highest single Service Credit arising from the same Incident or period of failure, and any Service Credit applies only to the Mission Ready Support Period for the relevant impacted Supported Goods and Services.

10.5        Service Credits are the Customer’s sole and exclusive contractual remedy for Service Level Failures and DroneShield’s entire liability for any Service Level Failures (including any associated loss, damage, or claim, whether in contract, tort, equity or otherwise), to the maximum extent permitted by applicable law.

10.6        Under no circumstances will DroneShield be liable for any indirect, consequential, incidental, special, or punitive damages, lost profits, or loss of business revenue or operational capability, whether foreseeable or unforeseeable, arising from a Service Level Failure.

10.7        Service Credits accrue in accordance with the table below and remain subject to the cap, no-stacking rule, claim process and other limitations in these Terms and Conditions:

10.8   Service Credits may only be applied to extend an active Mission Ready Support Period. Service Credits have no cash value, cannot be transferred, cannot be carried forward beyond termination or expiry of the relevant Mission Ready Support Period, and are forfeited if the relevant Mission Ready Support Period is not renewed or is terminated before the Service Credit is applied.

10.9   The Service Credit regime in this clause 10 is subject to, and does not limit or derogate from, any exclusion, limitation of liability, warranty disclaimer or other protection in favour of DroneShield under the EULA, the applicable Order or any other applicable agreement.

11.   Claim process 

11.1   The Customer must claim a Service Credit in writing within 15 days after the end of the month in which the Service Level Failure occurred.

11.2   The claim for a Service Credit must include:

(a)             the relevant ticket number;

(b)             the relevant date and time of the Incident;

(c)             the claimed Priority Level;

(d)             the Service Level alleged to have been missed;

(e)             the affected Mission Ready Support Period; and

(f)              the basis for the claim.

11.3   DroneShield will assess the claim using its ticketing records, support logs and other relevant information reasonably available to DroneShield.

11.4   If the Customer does not submit a claim within the required period, the Customer irrevocably waives the relevant Service Credit claim.

11.5   If accepted, DroneShield will record the revised end date of the Mission Ready Support Period.

12.  Customer responsibilities

12.1   Where the Supported Goods and Services are supplied through a Third Party Provider, that Third Party Provider is the Customer for the purposes of these Mission Ready Support Documents unless the Order expressly states otherwise and DroneShield has agreed to this in writing.

12.2   Where a Third Party Provider is involved, that Third Party Provider is responsible for ensuring that the relevant End User is made aware of, and complies with, the requirements of these Mission Ready Support Documents, including the Customer responsibilities in this clause 12.

12.3   The Customer must:

(a)             nominate and maintain appropriate operational contacts;

(b)             log Incidents promptly through the applicable Support Channel;

(c)             provide accurate and sufficiently detailed information for triage and investigation;

(d)            provide portal access, device access, logs, screenshots, diagnostics, connectivity and personnel assistance reasonably requested by DroneShield;

(e)             maintain supported versions, environments, configurations and prerequisites;

(f)              keep applicable devices online and accessible where required for remote support;

(g)             implement reasonable Workarounds or mitigation steps advised by DroneShield;

(h)            ensure resellers, distributors, partners, End Users and authorised support contacts cooperate with DroneShield; and

(i)             not misuse support, submit misleading or duplicate tickets, inflate Priority Levels, submit abusive communications or use support for excluded matters.

12.4   If the Customer fails to comply with this clause 12, DroneShield’s obligations are suspended to the extent the failure prevents, delays or materially affects DroneShield’s ability to provide Mission Ready Support, classify the Incident, meet a Service Level or validate a Service Credit claim. DroneShield’s obligations and the corresponding Service Levels will reset upon the Customer rectifying any non-compliance with this clause 12.

12.5   The Customer is not entitled to a Service Credit to the extent a Service Level Failure is caused by or contributed to by the Customer’s failure to comply with this clause 12.

12.6   Where the Customer is a Third Party Provider, DroneShield will provide any applicable Service Credit to that Third Party Provider only. The Third Party Provider is responsible for passing on or applying the benefit of the Service Credit to the relevant End User in accordance with its own arrangements with that End User. DroneShield’s obligation is fully satisfied once the Service Credit is provided to the Third Party Provider, and DroneShield is not responsible for any failure or delay by the Third Party Provider in passing on or applying that benefit to the End User.

12.7   The Customer must take reasonable steps to mitigate the impact of an Incident, including implementing reasonable Workarounds as instructed by DroneShield, configuration changes, access steps or mitigation measures advised by DroneShield. DroneShield is not responsible for any Service Level Failure, delay or increased impact to the extent caused by the Customer’s failure to take suggested actions.

12.8   The Customer is responsible for maintaining its own systems, networks, infrastructure, connectivity, security controls, backups, disaster recovery arrangements and business continuity arrangements. DroneShield is not responsible for any delay, loss, data loss, data corruption, inability to restore, Service Level Failure, support limitation or inability to provide Mission Ready Support arising from or connected with the Customer’s systems, networks, infrastructure, connectivity, security controls, backups, disaster recovery arrangements or business continuity arrangements.

12.9   Mission Ready Support is subject to reasonable and fair use. DroneShield may suspend, limit, refuse, reclassify, consolidate or deprioritise any support request, ticket, escalation or support activity where DroneShield reasonably determines that the Customer, End User or Third Party Provider is submitting excessive, duplicative, abusive, misleading, non-genuine, insufficiently particularised, low-value, repetitive or out-of-scope support requests, or is otherwise using Mission Ready Support in a manner inconsistent with these Terms and Conditions, the EULA, the applicable Order, the Mission Ready Support Documents or the intended purpose of Mission Ready Support.

13.   Exclusions and hardware/RMA boundary

13.1    Unless expressly agreed otherwise in the Order, Mission Ready Support does not apply to Excluded Events.

13.2    The Customer is not entitled to a Service Credit to the extent a delay, degradation, outage, failure or inability to provide support is caused by or connected with an Excluded Event.

13.3    No Service Credit is payable in respect of any period of delay, degradation, outage, failure or support activity to the extent the underlying issue is ultimately determined by DroneShield to relate to hardware replacement, hardware repair, RMA handling, repair logistics or other matter outside the scope of Mission Ready Support.

13.4    If an issue initially reported as an Incident is later diagnosed by DroneShield as requiring hardware replacement, hardware repair, RMA handling, repair logistics or other product fulfilment action:

(a)            the applicable Service Level applies only until DroneShield confirms that diagnosis;

(b)            once that diagnosis is made, the matter falls outside Mission Ready Support; and

(c)            the matter will proceed under the applicable product warranty, RMA process or other applicable product terms.

13.5    DroneShield is not responsible for a Service Level Failure to the extent caused by or contributed to by an Excluded Event or Customer Dependency.

13.6    If DroneShield determines that a support request is outside the scope of Mission Ready Support, DroneShield may close, suspend, reclassify or redirect the request to the applicable warranty, RMA, professional services, managed services or other process. Any assistance provided by DroneShield in relation to an out-of-scope matter is provided at DroneShield’s discretion and does not waive any exclusion or expand the scope of Mission Ready Support.

13.7    DroneShield is not required to provide Mission Ready Support for any version, environment, configuration or dependency that is unsupported, deprecated or end-of-life, unless expressly agreed in the Order.

13.8    Once DroneShield has notified the Customer that a product, version, release, operating environment, configuration, dependency or prerequisite is unsupported, deprecated or end-of-life, that product, version, release, operating environment, configuration, dependency or prerequisite will no longer fall within the scope of the Supported Goods and Services unless expressly agreed otherwise in the Order.

14.   Governing law and jurisdiction

14.1     These Terms and Conditions, the Mission Ready Support Documents and any dispute, controversy or claim arising out of or in connection with them, including any question regarding their existence, validity, interpretation, performance, breach or termination, are governed by the laws of New South Wales, Australia.

14.2     Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts competent to determine appeals from those courts in respect of any proceedings arising out of or in connection with these Terms and Conditions or the Mission Ready Support Documents.

14.3     Each party irrevocably waives any objection to the venue of any proceedings referred to in this clause 1 on the ground that the proceedings have been brought in an inconvenient forum or that those courts do not have jurisdiction.

14.4     Nothing in this clause prevents DroneShield from seeking urgent interlocutory, injunctive, equitable or similar relief in any court of competent jurisdiction.

Schedule 1 - Excluded Events