Netskope Support and Service Level Terms

These support and service level terms set forth the terms and conditions under which Netskope, Inc. (“Netskope”) provides the support services described below (“Support”) to the end user customer (“Customer”) purchasing Netskope cloud subscription services (“Services”). By accessing or using the Services, Customer agrees to be bound by and accept these terms and conditions. The Services are subject to the terms of the Netskope Subscription Services Agreement available at https://www.netskope.com/subscription-terms/. If Customer and Netskope have signed a separate written agreement applicable to the Services that includes Support terms, then the terms of the signed agreement shall apply and control with respect to the Support provided under such agreement.

I. General. Basic Support is included with purchase of the Services. Premium Support (including Premium Plus and any other “Premium” designated Support service) is provided only if purchased separately. Support is provided in the English language. Netskope may, at its discretion, update and modify these terms and Support descriptions by posting new terms, to be effective with respect to purchases and renewals of Services after those new terms are posted.

II. Definitions.

A. “Documentation” means Netskope’s published specifications and documentation for the Services in effect as of the date the Services are purchased by Customer, as such specifications and documentation may be updated or revised by Netskope in connection with subsequent Upgrades.

B. “Error” means an identified error or fault in the software or systems used by Netskope to provide the Service that causes a failure of the Service to perform in accordance with the Documentation.

C. “Hosting Infrastructure” means the data center facility (together with suitable internet connectivity, primary and back-up power, fire suppression, HVAC (heating, ventilation and air conditioning), system and network monitoring, Netskope equipment, and other physical infrastructure used by Netskope to provide the Services.

D. “Hotfix” means a planned software change that is done to address a specific bug or to patch vulnerabilities. Hotfixes do not have a specific frequency and are done on an as-needed basis.

E. “Planned Maintenance” means planned and scheduled implementation of Upgrades, network, or infrastructure changes for Services maintenance.

F. “Upgrades” means upgrades of the Services, if and when available, that Netskope generally releases from time to time to customers without additional fees. Upgrades may include new features, functionality or Hotfixes applicable to the Services.

G. “Workaround” means a suggested change to Customer in the use of or access to the Services intended to address an issue with the Service in order to temporarily resolve P1/Urgent or P2/High Errors and enable the Services to function in accordance with Documentation until an Upgrade is provided.

III. Upgrades and Planned Maintenance.

A. As part of Support, Netskope will make available to Customer all Upgrades applicable to the Services purchased by Customer as and when such Upgrades are made generally available by Netskope.

B. Planned Maintenance and Upgrades may result in temporary unavailability of the Service administrative interface or a data center. Netskope maintains a Planned Maintenance calendar available through the customer portal, and generally provides customers no less than 2 days notice prior to Planned Maintenance. Notice of the Planned Maintenance will include the scheduled maintenance window and expected impact on Services, if any. Netskope will notify Customer when the Planned Maintenance has been completed.

C. If downtime is expected, Planned Maintenance is generally performed between the hours of 8 PM and 6 AM local time for the affected data center.

IV. Support Services. Support will be provided to Customer as follows:

A. Basic Support. Basic Support is provided by email and the Netskope support portal from 9am – 7pm local Customer time, Monday through Friday (excluding holidays).

B. Premium Support. If purchased, Premium Support is provided by telephone, email, and the Netskope support portal twenty-four (24) hours per day, seven days per week (including holidays).

C. Support Requests. Customer contacts accessing Support must be registered with Netskope in order for Netskope to verify authorized representatives for communications and notices. Customer is responsible for creating and deleting Customer contact registration accounts; the number of Customer’s registered contacts who may access Support is not limited. Netskope will assign appropriate personnel and work to resolve reproducible Errors reported by Customer affecting the Services in accordance with the service levels below.

D. Severity.

Customer shall reasonably designate the initial severity level of each incident reported to Netskope pursuant to the criteria below. Severity level will be updated by the parties as information is gathered, the issue is investigated, and Workarounds are made available.

• P1 (Urgent) – Refers to issues with critical impact experienced by a substantial percentage of Customer’s User population, typically 50% or more. Examples include Netskope web UI outage or performance degradation to the point where system is unusable without a Workaround.
• P2 (High) – Refers to issues affecting important functions experienced by a smaller percentage of Customer’s User population but still presenting substantial problems. Examples include inability to use a cloud application or not able to perform a critical function like creating policies on the Netskope web UI. This includes P1 issues for which a temporary Hotfix or Workaround has been provided
• P3 (Normal) – Refers to issues where non-mission critical functionality is missing or not working in accordance with the Documentation.
• P4 (Low) – Refers to a Customer-specific feature request, a change in Customer behavior, or other general questions with respect to Services.

E. Response and Follow-Up Times.

Target response and follow-up times are set forth below for the applicable Support levels. Receipt of a Support request and necessary information is required for Netskope to commence Error correction efforts to address performance deficiencies in the Services, including providing a Workaround and/or correcting reproducible Errors in the Services.

F. Information Required for Support Requests.

For Netskope to respond to Support requests and correct Errors, Customer shall notify Netskope and provide Netskope with reasonable cooperation and available information sufficient to enable Netskope to locate and reproduce the Error. When contacting Netskope to initiate a Support request, the Customer contact will provide the following information as available, and will update Netskope as additional information becomes available:

• Problem Statement: Identify clearly and specifically the Error experienced.
• Steps to Reproduce: How Netskope can reproduce the Error.
• Impact Statement: How the problem is impacting Customer’s business. For example, user is not able to access a specific application or not able to login to Netskope UI.
• Additional Contact Information: Any additional phone numbers or email addresses that may be required for a follow-up or further contact.
• Troubleshooting: Any troubleshooting steps already performed by Customer.
• Screenshots and error messages: Any available screenshots, and specific error messages.
• Network information: Source IP address, public IP address, trace route and ping information
• Log Files (client side)
• Screen sharing (e.g., Zoom) with Netskope of a Customer computer display (optional).

V. Additional Support Provisions. Netskope will also provide the following as part of Support:

A. Notice of P1 and P2 Issues by Netskope. Netskope will use reasonable efforts to promptly notify Customer if Netskope becomes aware of a P1 or P2 issue affecting Customer.

B. Correction Plan. In each instance of a confirmed P1 or P2 Error reported by Customer, Netskope will, after the initial response to such report, provide to Customer, within a time frame mutually agreed upon by the parties, an action plan for resolution of the Error. Customer shall have access to the current status of any issue ticket in the Netskope Support Portal.

C. Support Targets. In the event that Netskope fails to achieve any Service level target set forth above for a P1 or P2 Error, Netskope shall, as soon as practicable after the resolution of the Support request, (i) perform a root-cause analysis to identify the cause of such failure, (ii) provide Customer with a report detailing the cause of, and procedure for correcting, such failure, and (iii) provide Customer with assurance that Netskope is taking appropriate measures to prevent similar failures.

D. Support Resources. Customer will, without additional charge, have 24×7 access to any Internet based technology support and download facilities, bulletin boards, and websites relating to the Services that is generally provided by Netskope to its customers.

E. Disaster Recovery Validation. Netskope will once per year, participate in Customer’s disaster recovery and backup exercises to test accessibility of the Services from Customer’s disaster recovery sites (“Disaster Recovery Validation”), provided that Netskope receives at least 60 days prior written request for scheduling from Customer. Netskope’s participation in Customer’s Disaster Recovery Validation shall reasonably include (a) the provision of non-production environments (physically located in the same data center as the production environment used by Customer); and (b) IT technical support to Customer during Disaster Recovery Validation preparation and activities.

VI. Availability Measurement and Credits.

A. Definitions.

• Availability.
  • For Inline Services, “Available” means the availability of the Netskope data centers providing the Inline Services to accept data packets and transmit to/from Internet destinations, and does not include availability of the web user interface (UI) and REST APIs.
  • “Inline Services” means those Services (including Netskope Private Access (NPA), Web & SaaS Real-time Web) deployed as to allow for real-time visibility and control, and configured by Customer or Netskope, as applicable, for failover to alternate Netskope data centers.
  • For all other Services, “Available” means the time the Services are available for access and use by Customer and Customer’s users over the Internet, and all features and functions of the Services, including web user interface (UI) and REST APIs, are operational in material conformity to the applicable Documentation.
• “Availability Percentage” means the average percentage of time which the Services are Available during a calendar month, excluding unavailability attributable to any Availability Exclusions.
• “Availability Exclusions” means
  • outages/degradations of performance due to any intermediate IPS or other public Internet infrastructure, but not including the Hosting Infrastructure or Netskope Internet connectivity that is under Netskope’s control;
  • failures/problems caused by Customer’s equipment, software, systems, or Internet connectivity, or their respective configurations;
  • failures/problems caused by Customer’s implementation, including steering, application connector or other configuration related issues;
  • Customer’s failure to implement workaround or configuration changes recommended by Netskope;
  • Force majeure events affecting the Services, including fire, flood, earthquake, act of God, war, riot, civil disorder, telecommunications outages or disruptions, shortages in supply or capacity of third parties, or any other event beyond the reasonable control of Netskope;
  • suspension of the Services by Netskope as necessary to protect the security of Customer, other customers or the Services; and
  • for all Services other than Inline Services, Planned Maintenance up to 2 hours per month.

B. Credits (Availability). If the Services do not achieve the Availability Percentage during any month as provided below, Netskope shall provide a credit equal to the equivalent of the number of Credit Days in the table below for the affected Service. Each Credit Day is 1/365th of the annual fee for the affected Service.

• For Inline Services:

• For all other Services:

VII. Latency Measurement and Credits.

A. Definitions.

• “Round-Trip Processing Latency” means the measure of when the Inline Services receive a request for a particular transaction from an end-user to the point the Inline Services respond to the end-user, minus the time taken by 3rd parties to receive and respond to the same transaction, and excluding transactions covered by Latency Exclusions.
• “Inline Services” means those Services (including Netskope Private Access (NPA), Web & SaaS Real-time Web) deployed as to allow for real-time visibility and control, and configured by Customer or Netskope, as applicable, for failover to alternate Netskope data centers.  “Inline Services” excludes the web user interface (UI) and REST API’s.
• “Latency Exclusions” means otherwise-qualified Netskope Inline Service transactions which:
  • Contain a greater than 1 MB (megabyte) request or response.
  • Are subject to DLP and threat scanning.
  • Are subject to a Force Majeure event.
• “Hourly Round-Trip Processing Latency” means the average of all data points for Round-Trip Security Processing Latency in any hour.
• “Decrypted Transactions” means HTTPS transactions where TLS/SSL decryption takes place.
• “Non-Decrypted Transactions” means HTTP transactions, or HTTPS transactions where no TLS/SSL decryption takes place.

B. Credits (Latency). For failure to meet the applicable Latency SLA during any calendar month, Netskope will provide a credit equal to the Credit Days divided by the number of days in the affected month, times one month of fees for the affected Service.

• For Decrypted Transactions:

• For Non-Decrypted Transactions:

VIII. Claims. To receive an Availability or Latency credit, Customer must notify Netskope in writing within 15 days after the end of the month in which the credit arose; any credits not claimed within that period are waived and forfeited. Credits shall be applied against the next Services renewal and shall not be cumulative beyond a total of 30 days of fees during any Services annual period. Credits and rights of termination below are the sole and exclusive remedies regarding the Availability Percentage. Netskope will make available a report of Availability for each month, upon request to the extent such information is not available through the Service.

IX. Termination Rights.

A. Availability. In addition to any termination rights in the Agreement, (a) with respect to Inline Services, if Netskope fails to meet an Availability Percentage of (i) 99.999% during 2 consecutive calendar months, (ii) 99.999% during any 3 calendar months within a 12 month period, or (iii) 97% for any single month, and (b) with respect to Services other than Inline Services, if Netskope fails to meet an Availability Percentage of (i) 99.9% during 2 consecutive calendar months, (ii) 99.9% during any 3 calendar months within a 12 month period, or (iii) 95% for any single month; then in either event Customer may terminate the affected Services upon written notice to Netskope without further obligation or liability to Netskope and Netskope shall refund the pro rata portion of any pre-paid fees received by Netskope for the remaining Services subscription period after the effective date of termination.

B. Latency. In addition to any termination rights in the Agreement, (a) with respect to Inline Services and Decrypted Transactions, if Netskope fails to meet a 95th Percentile of Hourly Round-trip Processing Latency of: (i) less than 50 ms during 2 consecutive calendar months, (ii) less than 50 ms during any 3 calendar months within a 12 month period, or (iii) less than 100 ms for any single month, and (b) with respect to Inline Services and Non-Decrypted Transactions, if Netskope fails to meet a 95th Percentile of Hourly Round-trip Processing Latency of: (i) less than 10 ms during 2 consecutive calendar months, (ii) less than 10 ms during any 3 calendar months within a 12 month period, or (iii) less than 30 ms for any single month; then in either event Customer may terminate the affected Services upon written notice to Netskope without further obligation or liability to Netskope and Netskope shall refund the pro rata portion of any pre-paid fees received by Netskope for the remaining Services Subscription Period after the effective date of termination.

X. Contacts and Escalation.

A. Contacting Netskope Support

B. Escalation Procedure. Support includes the ability to escalate Support requests that are not addressed within the target times above to the Support Technical Leads and Management team by email to [email protected], stating the reason and business impact for the escalation.

XI. General.

A. Warranty; Disclaimer. Netskope warrants that the Support shall be performed in a professional manner by qualified personnel familiar with the Services. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, NETSKOPE MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS REGARDING THE SUPPORT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE AND NETSKOPE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THESE SUPPORT AND SERVICE LEVEL TERMS CONSTITUTE A SERVICE CONTRACT AND NOT A WARRANTY REGARDING THE SERVICES OR RELATED PRODUCTS; THE SERVICES AND ANY RELATED PRODUCTS PROVIDED BY NETSKOPE ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN NETSKOPE’S SUBSCRIPTION SERVICES AGREEMENT OR OTHER AGREEMENT SIGNED BY NETSKOPE AND CUSTOMER. THESE SUPPORT AND SERVICE LEVEL TERMS DO NOT CHANGE OR SUPERSEDE ANY WARRANTIES OF SUCH AGREEMENT.

B. Limitation of Liability. IN NO EVENT SHALL NETSKOPE’S LIABILITY RELATING TO PROVISION OF SUPPORT OR THESE SUPPORT AND SERVICE LEVEL TERMS EXCEED THE AMOUNT ACTUALLY RECEIVED BY NETSKOPE FOR THE SUPPORT GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL NETSKOPE BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR FOR ANY SPECIAL INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY RELATING TO SUPPORT, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE SUPPORT CHARGES WERE DETERMINED BASED UPON THE FOREGOING LIMITATION OF LIABILITY.

C. Governing Law. The governing law and jurisdiction set forth in Netskope’s Subscription Services Agreement (or other agreement signed by Netskope and Customer) shall apply.

D. Entire Agreement Severability. These Support and Service Level Terms together with Netskope’s Subscription Services Agreement (or other agreement signed by Netskope and Customer) constitute the entire agreement between Customer and Netskope with respect to Support and supersedes any other verbal or written communications or advertising. If any provision of these terms is held invalid, the remainder of these terms will continue in full force and effect.

Version updated August 27, 2021.