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Chainguard Products - Support Policy


This Chainguard Support Policy (“Support Policy”) describes the current practices of Chainguard, Inc. (“Chainguard”) with regard to its provision of support services to customers who have purchased Products from Chainguard (“Customer(s)”). Any terms not defined herein shall have the definition ascribed thereto in Chainguard’s MSLA, and as may updated from time-to-time, unless a separate binding written agreement is currently in effect by and between Customer and Chainguard, governing the provision of Chainguard’s products and services (“Agreement”).


Customer has the option to select between two support service offerings, known as Standard Support Services or Premier Support Services.  Standard Support Services are included at no additional cost to Customer, with the purchase of Chainguard’s Products known as Chainguard Containers.  Premier Support Services must be purchased separately and in addition to the terms set forth below, includes 24x7 support, accelerated response times, an unlimited number of users entitled to open support tickets, and two major scheduled support events per year.


1. Definitions

1.1. “Error” means any reproducible failure of the Products to perform a material function as set forth in the published guides made available by Chainguard from time to time.

1.2. “Update” means either a minor release, a maintenance release or a patch release, as identified by Chainguard.

1.3. “Upgrade” means a major release, as identified by Chainguard.


2. Request for Support. All support requests by Customer must be either be; (i) logged via the customer support portal located at support.chainguard.dev, or (ii) emailed to Chainguard at support@chainguard.dev.


3. Scope of Support. During the applicable subscription period of an Order for the affected Products, Chainguard will, with respect to any support requests relating thereto:

3.1. Answer Customer questions regarding the operation of the Products;

3.2. Respond to reports of common vulnerabilities and exposures in a Chainguard Container;

3.3. Provide assistance to Customer with respect to Errors. Chainguard may address Errors through workarounds or defect corrections. Defect corrections may be addressed through Updates or Upgrades, and in such  case, Chainguard has no obligation to fix the applicable Error(s); and

3.4. Use commercially reasonable efforts to respond to each support request, as set forth in this Section 3, during the applicable “Support Availability” indicated below, and in accordance with the severity levels and Target First Response Times set forth in Sections 4 and 5 below. All Target First Response Times shall commence at the beginning of the next business day for support requests that are logged during non-business hours.


4. Severity Level Determination. All support requests made via the customer support portal by Customer must identify the severity level in accordance with the definitions ascribed thereto in the table below. Support requests initiated by email will be categorized as Medium priority. Critical and High requests must be created using the customer support portal. Final allocation of the designated severity level will be assigned by Chainguard in good faith cooperation with the Customer provided, however, that if Chainguard and Customer cannot reach a joint determination despite such good faith cooperation, Chainguard’s reasonable determination will apply.


Severity Level Definitions and Target First Response Times:


Severity

Definition

P0

Critical. The Error renders production inaccessible or unusable for all users, or, access is compromised, with no workaround.

P1

High. The Error is resulting in one or more major functions being unavailable, with no workaround.

P2

Medium. The Error is resulting in some functions being unavailable, but major functions are not impacted. A workaround may exist.

P3

Low. General questions or enhancement requests with respect to the Licensed Software.


5. Target First Response Times:

Chainguard will use commercially reasonable measures to provide the following targeted initial response time entitlements (each a “Target First Response Time”) for Standard and Premier Support Services, respectively.



Standard

Premier

Self Guided Resources: 

24/7 access to digital resources such as: docs, education, courses, community support and knowledge base

x

x

Support Availability:

Expanded support regardless of the time zone or geographic location of your developers

8x5 in your local timezone*

24x7


for P0-P1 issues

First Response Times:

Accelerated response times provide immediate attention to any support ticket raised

P0: 30 minutes (24x7)

P1: 1 hour

P2: 2 hours

P3: 12 hours

P0: 15 minutes

P1: 1 hour

P2: 2 hours

P3: 12 hours

Number of Users Entitled to Access Support:

All users affiliated with Customer are entitled to support access

Up to 10

Unlimited

Major Scheduled Support Events per Year:

Have a support resource on standby for up to two major events per year, ensuring dedicated attention during business critical migrations or upgrades

--

2

* Local timezone is determined by the billing address on the applicable Order Form.


6. Exclusions. Chainguard will have no support obligations under any of the following conditions:

6.1. The relevant Product is not used for its intended purpose; 

6.2. The Error is caused by Customer’s or a third party’s software or equipment; 

6.3. modifications, alterations, or repairs to the Product made by a party other than Chainguard; or

6.4. The version of the Product on which the Error has purportedly occurred is a version  not supported by Chainguard.


Customer acknowledges and agrees that the scope of support set forth herein is expressly limited to the support detailed in this Support Policy, and that all other configuration, ongoing support, or consulting services, are outside the scope of this Support Policy.  


7. Responsibilities. Chainguard’s Support obligations are conditioned upon the following:

7.1. Customer sends Chainguard a written request for support, which includes evidence of any reported Error;

7.2. Participation of knowledgeable Customer representatives that provide accurate and detailed information sufficient for Chainguard to reproduce the reported error;

7.3. The Error can be reproduced or reasonably confirmed by Chainguard;

7.4. For Standard Support Services, designation of a limited number of authorized persons who are the preferred contacts for the receipt of support from Chainguard; 

7.5. Customer’s responses to Chainguard support communications occur in a timely manner;7.6. Any materials shared by Chainguard that Chainguard makes available to similarly situated customers (by way of example only, training materials, help center articles, etc.) are intended for illustrative purposes only, and Customer is solely responsible for the use, performance, maintenance, and risks associated with any such materials;

7.7. Support will be provided remotely via videoconferencing as needed or via  Chainguard’s  support portal; and

7.8. Customer shall provide thirty (30) calendar days’ written notice to Chainguard for each major scheduled support event.


8. Timeline

The term of this Support Policy commences as of the subscription start date set forth in the applicable Order and shall conclude termination or expiration of the applicable  Order. For clarity, any unused support services in a given Order cannot be used for other Orders. 

Customer acknowledges and agrees that Chainguard’s ability to perform the support services during the term depends upon Customer’s timely cooperation and collaborative participation at all times.


9. Support Services Fee

The fee for any Premier Support Services procured by Customer shall be as set forth in the applicable Order (. In the event of a material change in scope that impacts such fee and/or the term thereof, the parties shall amend the Order with respect thereto. 


10. Custom Assembly.  Chainguard offers a tool (“Custom Assembly”) that allows Customers to create customized container images with extra packages added. Customers may send inquiries or request Chainguard support in connection with Custom Assembly images by making a request in accordance with Section 2 (Request for Support), in which case, Chainguard will make commercially reasonable efforts to troubleshoot the applicable issue, provided that Customer acknowledges that Chainguard may not be able to fix the issue caused by or arising from any such customization.  


10.1. FIPS.  Customer may use Custom Assembly with the Products known as FIPS Images. While FIPS Images are intended to function in accordance with Chainguard’s FIPS Commitment , Customer understands that some uses may result in FIPS Image packages no longer being compliant with FIPS requirements (“FIPS Concerns”).  The following are non-exhaustive examples:

  • Example indicating a risk of raising FIPS Concerns: openjdk-fips image customized with the openssl packages, which may clash with and break originally tested FIPS functionality.

 

10.2. Functionality Disclaimer.  Customer agrees that its use of Custom Assembly shall be at Customer’s own risk.  Chainguard does not warrant, guarantee, or commit to the features, functionality, or performance of any images built or assembled by Customer through the use of Custom Assembly or otherwise.  Chainguard specifically disclaims any representation or warranty as to the accuracy, completeness, usefulness, or reliability of any images assembled via Custom Assembly.


11.  Language and Normal Business Hours. All support under this Support Policy will be provided in the English language. The parties confirm that they have requested that this Agreement and all related documents be drafted in English at the express wishes of the parties.


Timezone

Days

Hours

Exclusions

Central Standard or Central Daylight Time (CST, CDT)

Monday - Friday

9am-5pm

US Holidays

Central European Time (CET)

Monday - Friday

9am-5pm

US and EMEA Holidays

India Standard Time (IST)

Monday - Friday

9am-5pm

APAC Holidays


12. Order of Precedence

In the event of any conflict between the terms of this Support Policy, the Agreement, and the applicable Order Form, the following order of precedence shall govern: (i) first, this Support Policy (only with respect to the subject matter hereof); (ii) second, the Agreement; and (iii) third, the applicable Order Form (unless the the applicable Order clearly specifies that it modifies the Agreement or this Support Policy, as the case may be).


Chainguard reserves the right to update this Support Policy  from time to time, but only to the extent that the update does not materially and adversely diminish the Customer’s rights to support as provided as of the date of the applicable Order.


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