Priority
Effective Date: April 19, 2024
Adobe Experience Cloud Expert Success (formerly Expert Support) Services Terms
The following terms describe Adobe’s provision of Adobe Experience Cloud Expert Success services (“Expert Success”) to Customer’s applicable Adobe Experience Cloud On-premise Software, On-demand Services, and/or Managed Services set forth on the respective Sales Order(s) between Adobe and Customer (for the purposes of these Expert Success terms, each an “AEC Product” and, collectively, the “AEC Products”). For the avoidance of doubt, only the Products and Services described at this website (excluding Adobe Sign) are AEC Products. More information regarding eligibility and applicability of Expert Success may be obtained by contacting Adobe Customer Support. Adobe may modify these Expert Success terms from time to time, provided that such modifications do not materially diminish Adobe’s obligations or Customer’s rights set forth herein. Any capitalized terms used herein but not defined shall have their respective meanings set forth in the Sales Order between Adobe and Customer for the applicable AEC Product(s).
Live, technical Expert Success services can be provided by Adobe for up to four (4) support admins designated by Customer on the admin console (each, a “Named Support Contact”). Customer’s Named Support Contacts can contact Adobe:
(a) for Priority 1 incidents on a 24x7x365 basis via phone or by initiating a support case, and
(b) for Priority 2 through Priority 4 incidents, during regional business hours via chat (if supported) or by initiating a support case.
The applicable regional business hours are established by the Customer’s billing address in the applicable Sales Order or other Adobe Support purchasing document.
If required, Japanese language support is available* during Japan regional business hours, excluding any national holidays, bank holidays, and days designated by Adobe. Otherwise, Expert Success will only be provided by Adobe in English. If Adobe is contacted for support by individuals other than Named Support Contacts, Adobe may not be able to respond or will request that such support case be initiated by a Named Support Contact.
*Japanese language support is not available for Adobe Commerce
Customer shall allow and enable Adobe to access any applicable Customer systems on which the AEC Products depend, via remote support tools controlled by Adobe, for the purpose of Adobe’s provision of Expert Support services to Customer.
To initiate a request for Expert Success services from Adobe (“Service Request”), Named Support Contacts must contact Adobe as described above and specifically identify the purported failure of the applicable AEC Product to perform in accordance with its Documentation. Upon receipt of a properly submitted Service Request, Adobe will undertake commercially reasonable efforts to acknowledge receipt of such Service Request within the identified timeframe below (“Targeted Initial Response Time”) via the same medium of communication by which the Service Request was reported.
The priority of each Service Request will be addressed as follows:
|
|
Description |
Targeted Initial Response Time |
Customer Requirements |
|---|---|---|---|
|
(“P1”) |
Critical Business Impact: Customer's production business functions are down or have significant data loss or service degradation and immediate attention is required to restore functionality and usability. |
1 hour |
Customer commits to continuous, 24x7 engagement with Adobe Customer Support until mitigation. If Adobe Customer Support is unable to obtain critical information for managing the support response from Named Support Contacts, Adobe may decrease a P1 Service Request to a lower priority level. |
|
("P2") |
Major Business Impact:
Customer's business functions have major service degradation or potential data loss, or a major feature is impacted.
|
2 hours during Adobe’s normal business hours |
Adobe support will contact Named Support Contacts during Adobe’s business hours only. If Adobe Customer Support is unable to obtain critical information for managing a support response from Named Support Contacts, Adobe may decrease a P2 Service Request to a lower priority level. |
|
("P3") |
Minimal Business Impact: Customer's business functions have minor service degradation but there exists a solution/workaround allowing business functions to continue normally. |
4 hours during Adobe’s normal business hours |
Adobe Customer Support will contact Named Support Contacts during Adobe’s business hours only. |
|
("P4") |
No business impact: General question regarding current product functionality or an enhancement request. |
1 business day |
Adobe Customer Support will contact Named Support Contacts during Adobe’s business hours only. |
Once the Service Request is acknowledged and its priority level verified, Adobe will use commercially reasonable efforts to diagnose the problem and provide a remedy, if available, that could take the form of eliminating the defect, providing updates, or demonstrating how to achieve a workaround or otherwise avoid the effects of the defect using a commercially reasonable level of effort. The Service Request may be escalated within the Adobe Customer Support organization as needed for resolution within a commercially reasonable time frame. Notwithstanding the foregoing, Adobe’s efforts to diagnose and remedy any purported error or issue for Customer is subject to Customer’s Named Support Contacts’ cooperation with Adobe while Adobe is processing the Service Request.
Adobe, in its sole discretion, may provide Customer with an update to an AEC Product which may consist of code corrections, bug fixes, and minor modifications or enhancements to the AEC Product. Adobe’s issuance of an update to an AEC Product will be a replacement of the AEC Product previously licensed and/or provided to Customer and shall in no way be considered a license expansion.
The following provision applies solely to On-premise perpetual licenses and only if Customer is enrolled in a maintenance and support program. “Upgrades” means an upgrade to an AEC Product consisting of a new version release of the AEC Product, or a modification or enhancement to the performance or functionality of the AEC Product made generally available by Adobe that exists in the then-current release of such AEC Product. Adobe, in its sole discretion, may provide Customer with an Upgrade to an AEC Product. Adobe’s issuance of such Upgrade to an AEC Product shall be a replacement of the copy(ies) of the AEC Product previously licensed and or provided to Customer, and shall in no way be considered a license expansion. Following the implementation of any Upgrade, Customer must destroy any previous copies of the applicable AEC Products that are replaced by such Upgrade.
Adobe will provide Expert Support services for an AEC Product solely with respect to the hardware, platform, and operating systems applicable to the AEC Product’s applicable Documentation. Adobe, in its sole discretion, may alter and/or discontinue/sunset (FKA “end of life”) the manufacture and development of, any of the AEC Products and/or the Expert Success services available for such AEC Products; provided, however, Adobe shall use commercially reasonable efforts during Customer’s then-current License Term for such AEC Products to not: (a) materially diminish the applicable level of Expert Success services from the levels described herein; or (b) materially diminish Customer’s other rights or benefits to the affected AEC Products as set forth in the applicable Sales Order.
Notwithstanding the foregoing, the availability of maintenance and support for perpetual On-premise Software licenses of AEC Products are governed by the Support Lifecycle Policy. If any perpetual On-premise AEC Product licensed by Customer has been sunset, as determined by Adobe, Customer may elect to purchase extended support (“Extended Support”) for a maximum period of two (2) years from the sunset date, provided that such Extended Support is made available by Adobe for the perpetual On-premise AEC Product. Without limiting the foregoing, the listed end dates of general support services and/or Extended Support for versions of all AEC Products shall be published here.
Definitions
- “Bank of Funds” means the total credits issued by Adobe in connection with an On-premise License.
- “Commitment Period” means the total license term commitment for an On-premise License commencing upon the applicable License Term Start Date and continuing until the final License Term End Date identified for such On-premise License in the applicable Sales Order.
- “On-premise License” means a term-based (but not perpetual) license to: (i) Adobe Substance 3D, and/or (ii) any Adobe Product and Service that is comprised solely of On-premise Software components and does not include access to any On-demand Services or Managed Services. For clarity, any licenses obtained through VIP are not On-premise Licenses for the purposes of this section.
- “Partner” means, if Customer did not pay Adobe directly, the partner that paid or pays Adobe directly for Customer’s On-premise License.
Application
By providing notice in accordance with the “Auto-Renewal” section below, Customer may apply this “Special Offer Specific to On-premise Software Licenses” to any Sales Order for the purchase of an On-premise License(s) that incorporates by reference these Adobe Experience Cloud Support Terms, excluding specifically Sales Orders entered into by the U.S. Federal Government (Sales Orders with state and local governments are not excluded) and Sales Orders under which Customer or Partner, as applicable, is purchasing an On-premise License for deployment within the People’s Republic of China. If a Sales Order does not include these Adobe Experience Cloud Support Terms, but is otherwise not excluded as set forth in this section, Customer may still apply this “Special Provision Specific to On-premise Software Licenses” by providing Adobe notice in accordance with the “Auto-Renewal” section below.
Successive Monthly Terms
For each On-premise License, the license period is monthly. The Commitment Period is comprised of successive monthly license terms. For example, a three-year Commitment Period with a License Term Start Date of February 10th is comprised of 36 successive monthly terms, each monthly term commencing on the 10th of the month.
Auto-Renewal
During the Commitment Period, On-premise Licenses will automatically renew month to month unless Customer, or Partner if applicable, provides 10 days prior written notice of its intent not to renew. Customer’s or Partner’s exercise of this option not to renew (thereby acceptance of this offer) will automatically result in termination of the On-premise License at the end of the applicable monthly period (the “Termination Date”).
Bank of Funds
Upon the Termination Date, Customer or Partner, as applicable, will have a Bank of Funds balance in an amount equal to the remaining prepaid and unused fees received by Adobe directly or through a Partner for the applicable On-premise License. Such bank of funds will be held for the Customer’s benefit in accordance with these terms.
Customer’s and, if applicable, Partner’s obligation to pay the total fees for the entire Commitment Period shall survive such termination (each remaining payment a “Surviving Payment”).
Adobe will credit any Surviving Payment made to Adobe by Customer or Partner, as applicable, after the Termination Date to the applicable Bank of Funds.
Customer or Partner, as applicable, may apply its Bank of Funds to any “net new,” separate, mutually agreeable Sales Order for Adobe Products and Services for Customer.
Customer or Partner, as applicable, may not apply its Bank of Funds toward any outstanding or upcoming payment due on a Sales Order executed prior to the applicable Termination Date.
Customer or Partner, as applicable, may not apply its Bank of Funds toward payment of any fees due on a renewal of Products and Services purchased prior to the applicable Termination Date.
Each unused Bank of Funds shall expire without any refund 120 days after the final License Term End Date for the relevant On-premise License identified in the applicable Sales Order.
For clarity, nothing in this paragraph relieves Customer or Partner, if applicable, of its payment obligations as scheduled under any Sales Order under which Customer terminates an On-premise License that gives rise to a Bank of Funds.
Termination of Any On-premise License
Upon termination of any On-premise License hereunder, Customer will discontinue all further use and deployment of the On-premise License, immediately uninstall and destroy all copies of such Products and Services and provide written evidence of such destruction.
If Customer has purchased Adobe Experience Cloud Ultimate Success Services (“Ultimate Success”) pursuant to an executed Sales Order, Adobe will provide Customer with additional or enhanced support obligations for eligible AEC Products as described below. These additional or enhanced obligations are supplementary to or replace the Expert Success terms described above, where applicable. For the avoidance of doubt, the above terms and conditions for Expert Success will apply to the support provided by Adobe to Customer, except to the extent such terms and conditions are supplemented or replaced by the below Ultimate Success terms. Adobe’s obligations to deliver Ultimate Success is limited to the applicable AEC Product for which Ultimate Success was purchased
Ultimate Success: Targeted Initial Response Times
The priority of each Service Request for Ultimate Success customers will be addressed as follows:
|
Priority |
Description |
Targeted Initial Response Time |
Customer Requirements |
|---|---|---|---|
|
(“P1”) |
Critical Business Impact: Customer's production business functions are down or has significant data loss or degradation of services and immediate attention is required to restore functionality and usability. |
15 minutes |
Customer commits to continuous, 24x7 engagement with Adobe support until mitigation. If Adobe support is unable to obtain critical information for managing the support response from Named Support Contacts, Adobe may decrease a P1 Service Request to a lower priority level. |
|
("P2") |
Major Business Impact:
Customer's business functions has major degradation of services or potential of data loss, or a major feature is impacted.
|
30 minutes during Adobe’s regional business hours* |
Adobe support will contact Named Support Contacts during Adobe’s business hours only. If Adobe support is unable to obtain critical information for managing a support response from Customer Named Support Contacts, Adobe may decrease a P2 Service Request to a lower priority level. |
|
("P3") |
Minimal Business Impact: Customer's business functions has minor to no degradation of services with a solution/workaround allowing business functions to continue. |
1 hour during Adobe’s regional business hours* |
Adobe support will contact Named Support Contacts during Adobe’s regional hours only. |
|
("P4") |
No business impact: General question regarding current product functionality or an enhancement request. |
1 business day* |
Adobe will contact Named Support Contacts during Adobe’s regional hours only. |
*Japanese language support for P2-P4 Service Requests is available during regional business hours in Japan.
Support Services Manager
Adobe will provide one (1) designated Support Services Manager (the “SSM”) to provide a holistic single point-of-contact for Customer’s support experience. The SSM will provide oversight of all support activities related to Customer’s use of the supported AEC Products. This includes coordinating internal Adobe resources to provide regular status updates, drive resolution on reported issues, and provide root cause analysis and insights on business impacting events and outages.
Escalation Management
Customer may escalate Service Requests through the support portal by liaising with Customer’s designated Adobe support contact. Service Request escalations, where applicable, will be addressed through cross-department escalation collaborations to Adobe’s engineering, management, and support teams. Customer’s designated SSM will provide Customer with recurring reviews and updates on the escalated Service Requests.
Case Reviews
Adobe will provide regularly-scheduled reviews of Customer’s open Service Requests to align on case description, business impact, status, priority, and next steps.
Ultimate Success: Named Support Contacts
Under Ultimate Success, Customer shall be entitled to an expanded capacity of up to fifteen (15) Named Support Contacts per AEC Product (increased from four (4) per AEC Products for Expert Success). Named Support Contacts can submit issues through all available channels and interact as needed with Adobe’s technical support team on behalf Customer. One (1) such Named Support Contact can also be designated as Customer’s account administrator, allowing self-service updates to the list of Named Support Contacts, as well as limited permission settings, via the Adobe-provided support portal.
Ultimate Success: Live Telephone Support
Customer can submit a support cases via phone for all Priority 1 through P4 issues during regional support hours. There are no upper limits on the number of times Customer’s Named Support Contacts can make such phone calls. Customer can also request a call back from support or request a meeting to demonstrate or work through an issue using a shared remote desktop session.
Technical Account Management
Under Ultimate Success, Customer will be entitled to a Technical Account Manager (“TAM”) to coordinate proactive services activities on the selected AEC Product(s) for the selected Customer business units. The TAM and proactive services will be limited to the number of AEC Products specified in the executed Sales Order and the Customer business units specified in the service delivery plan, as mutually agreed to between Adobe and Customer. A mutually agreed service delivery plan will be created by Adobe and Customer at the start of the Ultimate Success services detailing the AEC Product(s), Customer business units, activities, and objectives, to be addressed by the proactive services. The TAM and proactive services will be available during Adobe’s regional business hours. The following are descriptions of typical proactive services available for Ultimate Success.
Service Reviews
Adobe will provide Customer with regularly-scheduled reviews of Ultimate Success benefits, support metrics, and value illustration, including a forward-looking delivery plan.
Environment Review
High-level environment review (does not include custom code). Proactively assess existing technical environment against Customer’s KPIs and industry best practices to help Customer attain increased value realization from the licensed AEC Products.
Product Roadmap Review:
Compare and align Adobe’s solution roadmap with Customer’s roadmap to mitigate risk and plan for major changes, and well as helping Customer understand Adobe’s release process.
Maintenance Best Practices & Guidance
Share maintenance best practices and recommend latest fixes to ensure platform is up-to-date. Recommend and install fixes for known issues to avoid common problems.
Release Preparation and Review
Enablement on new features and maintenance/troubleshooting activities with focused walkthroughs on leveraging relevant new AEC Product features.
Event Planning:
Capture event roadmap (go-lives, campaigns, product launches, roll-outs). Assist and guide Customer through the event planning phase.
Expert Sessions:
Consists of a 1:1 conference call with a technical expert that covers a how-to topic or best practices to assist users with a specific AEC Product feature.
Upgrade/Migration Planning:
Guidance on major environment changes to best manage new AEC Product versions.
Launch Advisory:
Advisory service for newly licensed/never deployed AEC Products to launch with best practices and/or to help detect planning and design errors early in the planning process.
Customer Success:
Under Ultimate Success, Customer will be entitled to customer success resources to foster adoption, change management, and value realization from AEC Products. Customer success is a joint activity between Adobe customer success resources and Customer that is dependent on active engagement by customer.
- Notwithstanding any term herein to the contrary, Ultimate Success will automatically renews for successive periods of twelve (12) months (so long as the applicable AEC Product licenses also renew), unless either party provides written notice to the other party of its intent not to renew at least 30 days prior to the expiration date of the then current term
- Customer will provide a resource contact to coordinate Customer’s responsibilities, including, if applicable, any activities, due dates, resources, and internal development for Customer’s team. If any information, resources, work requirements, or decisions to be made by Customer are delayed (e.g., Customer platform owner not being available), Adobe will not be responsible for the consequences of such delays.
- Customer acknowledges that there is no express or implied commitment from Adobe that all activities listed as recommended or typical can or will be completed in the duration of their Ultimate Success program term.
- Proactive services may be performed using off-shore and/or on-shore team members. The proactive services may be performed outside of the Customer’s main business hour time zone. Proactive services performed using off-shore resources will be provided in English language.
- Customizations to AEC Products are not in scope for Adobe support services. Customer is solely responsible for the creation and deployment of customizations to an AEC Product (including scripts, components, templates, etc.) and any impacts resulting from such customizations.
- Availability of Adobe resources (e.g. Support Services Manager, TAM, and technical personnel etc.) are subject to a four (4)-week scheduling lead time from the date Ultimate Success was purchased by Customer. Such lead time may be expedited but is dependent on resource availability.
- The Ultimate Success coverage scope is limited to the applicable AEC Product for which Ultimate Success was purchased. Should Customer purchase new AEC Products not covered by the existing coverage scope or for expansion of an existing AEC Product covered by Ultimate Success, Customer will be required to purchase additional Ultimate Success to cover the new AEC Products or expanded scope of the existing AEC Products.
Advanced Cloud Support Add-On Service
Customers who have licensed Adobe Experience Manager Cloud Service (“AEM Cloud Service”), with either Expert Success or Ultimate Success, have the option to purchase the Advanced Cloud Support Add-on Service (“Advanced Cloud Support”). As a part of Advanced Cloud Support, Customer will have access to a team of cloud subject matter experts who will be able to provide applicable guidance for AEM Cloud Service, including technical and operational governance, customization best practices, and solution adoption and optimization. Advanced Cloud Support typically consists of the following activities:
- Migration prep
- Check-point calls
- Production handover call
- Testing guidance
- Caching guidance
- Optimization at scale guidance
- Business process outsourcing guidance
- Process monitor guidance
Advanced Cloud Support resources will only support the activities listed above. The Advanced Cloud Support activities are not interchangeable with any other engagement(s). Depending upon the customer's AEM Cloud Service environment, one (1) add on of the Advanced Cloud Support Service must be purchased per geographic region (e.g North America, EMEA, APAC, Japan). Customer acknowledges that there is no express or implied commitment from Adobe that all activities listed as recommended or typical can or will be completed in the duration of their Advanced Cloud Support term.
Notwithstanding any term herein to the contrary, the Advanced Cloud Support automatically renews for successive periods of twelve (12) months (so long as the related AEM Cloud Service license is also renewed), unless either party provides written notice to the other party of its intent not to renew at least 30 days prior to the expiration date of the then current term.
Technical Account Director Add-On Service
Customers who have purchased Ultimate Success have the option to purchase the Technical Account Director Add-on Service (“TAD Support”). TAD Support consists of a dedicated named Adobe Technical Account Director (“TAD”) who shall be provided in addition to the Technical Account Manager (“TAM”) already provided under Customer’s Ultimate Success benefits. In addition to the TAM services, the TAD will also help provide leadership oversight, governance guidance, and services orchestration for the Customer across the applicable AEC Product(s).
TAD Support consists of, and may include some of the following typical activities:
- Executive stakeholder relationship management
- Coordinate, track, and report on overall engagement status and outcomes
- Manage engagement model and review cycle
- Help influence delivery milestones
Notwithstanding any term herein to the contrary, the TAD Support automatically renews for successive periods of twelve (12) months (so long as the related Ultimate Success level also renews), unless either party provides written notice to the other party of its intent not to renew at least 30 days prior to the expiration date of the then current term.
Event Management Add-on Service
Customers who have either Expert Success or Ultimate Success have the option to purchase the Event Management Add-On Service (“Event Management Support”) to manage key events (e.g., launches, campaigns, go-lives, upgrades, migrations, releases, global marketing events, Customer-specific events, etc.) to provide support, coverage, and mitigation plans during those important business events.
Event Management Support consists of planning, execution, and monitoring activities, and may include the following typical activities:
- Capture event profile and details
- Outline support and guidance requirements
- Review volume/load forecasting and thresholds
- Review event action plan, including resource requirements and coverage
- Create support plan for the event, including defining and agreeing on the monitoring requirements, highlighting critical time segments, and key AEC Product metrics to be monitored during the event period (not to exceed five (5) calendar days)
- Notify and coordinate with Adobe internal teams relevant to the support plan
- Configure, tune, and/or implement minor changes needed for event in applicable AEC Products
- Establish enhanced monitoring of critical data and activities during the event phase and share operational updates and progress
- Post-event, share event summary and top learnings
Event Management resources may only support the activities listed above. The Event Management Support activities are not interchangeable with any other engagement(s). Customer acknowledges that there is no express or implied commitment from Adobe that all activities listed as recommended or typical can or will be completed in the duration of the Event Management Support term.
All-Onshore Add-On (ONSHORE SUPPORT)
For customers who have purchased the All-Onshore Add-On (ONSHORE SUPPORT), Adobe Support will be delivered using onshore, in-country resources, in lieu of offshore resources. For P1 support activities under ONSHORE SUPPORT, Adobe Support will only be available during regional business hours.
The following provisions detail Adobe’s provision of support services to an eligible entity (“Customer”) for the applicable Adobe Creative Cloud and Document Cloud On-premise Software, On-demand Services, and Managed Services (each a "Product" and collectively “Products”). These support services (or portions thereof) (“Support Services”) may have been previously referred to as Gold, Platinum, or Enterprise Support Services. More information regarding eligibility and applicability of these Support Services may be obtained by contacting Adobe Customer Care.
Adobe will provide live technical support services to individuals designated by Customer as support admins on the admin console on a 24x7x365 basis. Local language support, if offered, is available from 9:00 am through 5:00 pm Monday through Friday local time, excluding national holidays and Adobe designated holidays. Outside these hours, support is available in English language only. Upon enrollment, Adobe will provide Customer with appropriate telephone numbers to be used for support, and the support sites to be accessed for unlimited online support, depending on the geographical location of Customer and Adobe Products licensed.
Customer may request support services via remote computer access. If so requested, Customer agrees to allow Adobe permission to remotely access any and all Customer systems on which the Adobe Products depend, via an external computer controlled by Adobe, for the sole purpose of providing support services to Customer.
If available for a Product, Customer’s designated technical support contacts may schedule expert services appointments consisting of up to 30 minutes of telephone advice regarding product workflows and best practices. Customer may contact Adobe Customer Care to inquire if such appointments are available for a specific Product.
To initiate a request for support services from Adobe, Customer’s designated individual must identify the failure of the applicable Product to perform in accordance with the applicable published product documentation (“Service Request”). After receipt of a Service Request, Adobe will (a) define the priority of the Service Request, and (b) undertake reasonable efforts to acknowledge receipt of such Service Request within the identified timeframe (“Targeted Response Time”) via the same medium of communication by which the Service Request was reported.
The priority of each Service Request will be addressed as follows:
|
Priority |
Description |
Targeted Response Time |
|---|---|---|
|
Level 1 - Critical |
|
30 minutes (Service Request must be initiated telephonically) |
|
Level 2 - Urgent |
|
1 hour |
|
Level 3 - Important |
|
4 hours |
|
Level 4 - Minor |
|
1 business day |
Adobe will use reasonable efforts to acknowledge receipt of the Service Request within the Targeted Response Time. Adobe will use commercially reasonable efforts to diagnose the problem and provide a remedy that could take the form of eliminating the defect, providing updates, or demonstrating how to avoid the effects of the defect using a commercially reasonable level of effort. Despite Adobe’s exercise of reasonable efforts, not all problems may be solvable. The processing time will start from the date and time when Adobe’s Customer Care team acknowledges receipt of the Service Request. If the Service Request cannot be solved within a commercially reasonable timeframe, the Service Request may be escalated within the Adobe Customer Care organization. Customer’s designated technical contact must be available to work with Adobe Customer Care while Adobe is in the process of resolving the Service Request.
Adobe reserves the right to alter the Targeted Response Times, from time to time, using reasonable discretion but in no event may such alterations result in: (a) diminished support from the level of support described herein; (b) materially diminished obligations for Adobe; or (c) materially diminished rights of Customer. Adobe will provide Customer with 60 days prior written notice of any material changes to the Targeted Response Times identified herein.
In its sole discretion, Adobe may provide Customer with an update to a Product which may consist of code corrections, bug fixes, and minor modifications or enhancements to the Product in order to bring the Product into substantial conformity with the applicable published product documentation. Updates will only be provided to Customer for the current version of the Product. All updates are provided to Customer on a license-exchange basis. Adobe’s issuance of an update to a Product is intended as a replacement of the copy of the Product previously licensed to Customer and are not provided as additional copies.
The following provision applies to: purchases of On-premise term licenses, On-demand Services, and Managed Services and purchases of On-premise perpetual licenses, only if Customer is enrolled in a maintenance and support program. As used herein, “Upgrades” means an upgrade to a Product consisting of a new version release of the Product, or a generally available modification or enhancement to the performance or functionality of the Product that exists in the then-current release of such Product. In its sole discretion, Adobe may provide Customer with an Upgrade to a Product. All Upgrades are provided to Customer on a license-exchange basis. Adobe’s issuance of such Upgrade to a Product is intended as a replacement of the copies of the Product previously licensed to Customer and are not provided as additional copies. Copies of the Products that are replaced must be destroyed. Customer’s use of any Upgrade provided by Adobe is to be governed by the updated license use and restriction terms in the applicable end-user license agreement, if any.
Support Services for any Product is limited to the hardware, platform and operating systems detailed in the Products' applicable system requirements documentation. Adobe has the right to alter, or discontinue the manufacture and development of any of the Products and the support available for those Products, at any time in its sole discretion, provided that Adobe agrees not to discontinue Support Services for a Product during Customer’s then-current, paid for, support term, subject to the termination provisions in the applicable end-user license agreement between Customer and Adobe, or these terms and conditions. In no event will such alterations made to support during Customer’s then-current support term result in: (a) diminished support from the level of support set forth herein; (b) materially diminished obligations for Adobe; or (c) materially diminished rights of Customer. Adobe will provide Customer with sixty (60) days prior written notice of any material changes to the support services contemplated herein.
Renewal Fees
If Adobe makes renewals for support available to its customers generally, Adobe will provide Customer with a renewal notice in advance of expiration of the then-current term for support services, so that Customer can order an additional one year term for support. If Customer desires to renew, Adobe will invoice Customer for the renewal term. If Customer allows its support services on its perpetual license to the On-premise Software to lapse, Customer may be subject to additional fees, to cover the lapsed period, prior to the reinstatement of support services. If Customer elects to renew support services for an additional term following the purchase of the On-premise license, the renewal annual support fee is determined as follows: (a) for the first renewal term, the initial annual fee may be increased by three percent (3%); (b) for the second through the fourth renewal terms, the annual support fee for the immediately preceding renewal term may be increased by three percent (3%); and (c) for the fifth and subsequent renewal terms, the annual support fee will be the lesser of twenty percent (20%) of the then-current list price for the On-premise Software or the annual support fee for the immediately preceding renewal term increased by the applicable Consumer Price Index (CPI), for the twelve-month period preceding the renewal date, however, in no event shall the amount be less than the annual support fee charged for the prior year for the On-premise Software covered by the applicable renewal.
Decommissioning
If Customer has purchased multiple perpetual licenses of an On-premise Software and Customer chooses to renew support services, Customer must purchase support services on all of the perpetual licenses of the On-premise Software unless otherwise agreed by Adobe and which would be subject to Adobe’s policies on documenting decommissioned On-premise Software licenses.
Extended Support
If the version of an On-premise Software product licensed by Customer reaches end of life, Customer may elect to purchase extended support (“Extended Support”) for a maximum period of another two (2) years from the end of life date, provided that Extended Support is available for that version of the On-premise Software. The Support Lifecycle Policy identifies the availability of Extended Support and its associated cost.
Definitions
- “Bank of Funds” means the total credits issued by Adobe in connection with an On-premise License.
- “Commitment Period” means the total license term commitment for an On-premise License commencing upon the applicable License Term Start Date and continuing until the final License Term End Date identified for such On-premise License in the applicable Sales Order.
- “On-premise License” means a term-based (but not perpetual) license to: (i) Adobe Substance 3D, and/or (ii) any Adobe Product and Service that is comprised solely of On-premise Software components and does not include access to any On-demand Services or Managed Services. For clarity, any licenses obtained through VIP are not deemed “On-premise Licenses” for purposes of this section and those VIP licenses are not eligible for this Special offer specific to On-premise Software licenses.
- “Partner” means, if Customer did not pay Adobe directly, the partner that paid or pays Adobe directly for Customer’s On-premise License.
- “Support Terms and Conditions” means those terms and conditions located at https://helpx.adobe.com/support/programs/support-policies-terms-conditions.html whether linked dynamically within a Sales Order or statically attached to a Sales Order.
Application
By providing notice in accordance with the “Auto-Renewal” section below, Customer may apply this “Special Offer Specific to On-premise Software Licenses” to any Sales Order for the purchase of an On-premise License(s) that incorporates by reference the Support Terms and Conditions, excluding specifically Sales Orders entered into by the U.S. Federal Government (Sales Orders with state and local governments are not excluded) and Sales Orders under which Customer or Partner, as applicable, is purchasing an On-premise License for deployment within the People’s Republic of China. If a Sales Order does not include the Support Terms and Conditions, but is otherwise not excluded as set forth in this section, Customer may still apply this “Special Provision Specific to On-premise Software Licenses” by providing Adobe notice in accordance with the “Auto-Renewal” section below.
Successive Monthly Terms
For each On-premise License, the license period is monthly. The Commitment Period is comprised of successive monthly license terms. For example, a three-year Commitment Period with a License Term Start Date of February 10th is comprised of 36 successive monthly terms, each monthly term commencing on the 10th of the month.
Auto-Renewal
During the Commitment Period, On-premise Licenses will automatically renew month to month unless Customer, or Partner if applicable, provides 10 days prior written notice of its intent not to renew. Customer’s or Partner’s exercise of this option not to renew (thereby acceptance of this offer) will automatically result in termination of the On-premise License at the end of the applicable monthly period (the “Termination Date”).
Bank of Funds
Upon the Termination Date, Customer or Partner, as applicable, will have a Bank of Funds balance in an amount equal to the remaining prepaid and unused fees received by Adobe directly or through a Partner for the applicable On-premise License. Such bank of funds will be held for the Customer’s benefit in accordance with these terms.
Customer’s and, if applicable, Partner’s obligation to pay the total fees for the entire Commitment Period shall survive such termination (each remaining payment a “Surviving Payment”).
Adobe will credit any Surviving Payment made to Adobe by Customer or Partner, as applicable, after the Termination Date to the applicable Bank of Funds.
Customer or Partner, as applicable, may apply its Bank of Funds to any “net new,” separate, mutually agreeable Sales Order for Adobe Products and Services for Customer.
Customer or Partner, as applicable, may not apply its Bank of Funds toward any outstanding or upcoming payment due on a Sales Order executed prior to the applicable Termination Date.
Customer or Partner, as applicable, may not apply its Bank of Funds toward payment of any fees due on a renewal of Products and Services purchased prior to the applicable Termination Date.
Each unused Bank of Funds shall expire without any refund 120 days after the final License Term End Date for the relevant On-premise License identified in the applicable Sales Order.
For clarity, nothing in this paragraph relieves Customer or Partner, if applicable, of its payment obligations as scheduled under any Sales Order under which Customer terminates an On-premise License that gives rise to a Bank of Funds.
Termination of any On-Premise License
Upon termination of any On-premise License hereunder, Customer will discontinue all further use and deployment of the On-premise License, immediately uninstall and destroy all copies of such Products and Services and provide written evidence of such destruction.
For Creative Cloud Products, Support Services vary based on the version of the On-premise Software, operating systems (e.g., iOS, Android) used by Customer, and other factors. Support Services may not be available for older versions. For more information, please refer to the Creative Cloud Support Policy.
If Customer has purchased an Enterprise Support Plan for applicable Adobe Creative Cloud and Document Cloud Products and Services* (“Enterprise Support”) pursuant to an executed Sales Order, Adobe will provide Customer with additional or enhanced support services for eligible Adobe Products and Services as described below. These additional or enhanced services are supplementary to or replace the Support Services terms described above, when applicable. Standard terms and conditions for Support Services will apply except where they are supplemented or replaced. Adobe’s obligation to deliver Enterprise Support is limited to the applicable Adobe Products and Services for which Enterprise Support was purchased
*Applicable Adobe Creative Cloud and Document Cloud Products and Services include Adobe Creative Cloud and Adobe Document Cloud apps including Adobe Acrobat, and Acrobat Sign. Adobe Stock is eligible for Enterpise Support but only when licensed as part of CCE Pro. Adobe Substance, 3rd Party Add-Ons for Sign, and Frame.io are currently excluded from Enterprise Support eligibility.
Adobe Support Lead
Adobe will provide Customer with one designated support engineer (the “ASL” or "Adobe Support Lead”) that is dedicated to supporting the applicable Adobe Products and Services. The Adobe Support Lead will become familiar with Customer’s solution environment and business goals to assist Customer’s receipt of Enterprise Support. From time to time, Adobe may, at its sole discretion, change the Adobe Support Lead. However, Adobe will inform Customer of any changes to its Adobe Support Lead. The initial assignment of Adobe Support Lead is subject to a four-week scheduling lead time from the date Enterprise Support was purchased by Customer. Such lead time may be expedited but is dependent on resource availability.
Escalation Management
Customer should follow standard escalation process in the admin console but may escalate Service Requests by liaising with Customer’s designated support contact (e.g., Adobe Support Lead). Service Request escalations, where applicable, will be managed through cross-department escalation collaborations to Adobe’s engineering, management, and support teams. Customer’s designated support contact will provide Customer with recurring reviews and updates on the escalated Service Requests.
Service Reviews
Adobe will provide Customer with a bi-annual review of support metrics and root cause analyses for selected critical-level service issues (limited to P1 and other mutually-selected Service Requests), which may be combined with other strategic business reviews held with Adobe.
Case Reviews
The Adobe Support Lead will perform check-ins up to once per month with Customer to review any open Service Requests. In these sessions, Adobe will provide reviews of Customer’s open Service Requests to align on case description, business impact, status, priority, and next steps.
Additional Conditions Applicable to Enterprise Support
- Customer will provide a resource contact to coordinate Customer’s responsibilities, including, if applicable, any activities, due dates, resources, and internal development for Customer’s team. If any information, resources, work requirements or decisions to be made by Customer are delayed (e.g., Customer platform owner not being available), Adobe will not be responsible for the consequences of such delays.
- Customizations to Adobe Products are not in scope for Adobe support services. Customer is solely responsible for any customizations to the Adobe Product (including scripts, components, templates, etc.) and any impacts resulting from such customizations.
If Customer has purchased an Enterprise Support Plan for applicable Adobe Creative Cloud and Document Cloud Products and Services* (“Enterprise Support”) pursuant to an executed Sales Order, Adobe will provide Customer with additional or enhanced support services for eligible Adobe Products and Services as described below. These additional or enhanced services are supplementary to or replace the Support Services terms described above, when applicable. Standard terms and conditions for Support Services will apply except where they are supplemented or replaced. Adobe’s obligation to deliver Enterprise Support is limited to the applicable Adobe Products and Services for which Enterprise Support was purchased
*Applicable Adobe Creative Cloud and Document Cloud Products and Services include Adobe Creative Cloud and Adobe Document Cloud apps including Adobe Acrobat, and Acrobat Sign. Adobe Stock is eligible for Enterpise Support but only when licensed as part of CCE Pro. Adobe Substance, 3rd Party Add-Ons for Sign, and Frame.io are currently excluded from Enterprise Support eligibility.
Named Support Engineer
Adobe will provide Customer with one designated support engineer (the “NSE” or “Named Support Engineer”) that is dedicated to supporting the applicable Adobe Products and Services. The Named Support Engineer will become familiar with Customer’s solution environment and business goals to assist Customer’s receipt of Enterprise Support. From time to time, Adobe may, in its sole discretion, change the Named Support Engineer. However, Adobe will inform Customer of any changes to its Named Support Engineer. The initial assignment of Named Support Engineer is subject to a four-week scheduling lead time from the date Enterprise Support was purchased by Customer. Such lead time may be expedited but is dependent on resource availability.
Escalation Management
Customer should follow standard escalation process in the admin console but may escalate Service Requests by liaising with Customer’s designated support contact (e.g., Named Support Engineer). Service Request escalations, where applicable, will be managed through cross-department escalation collaborations to Adobe’s engineering, management, and support teams. Customer’s designated support contact will provide Customer with recurring reviews and updates on the escalated Service Requests.
Service Reviews
Adobe will provide Customer with a bi-annual review of support metrics and root cause analyses for selected critical-level service issues (limited to P1 and other mutually-selected Service Requests), which may be combined with other strategic business reviews held with Adobe.
Case Reviews
The Named Support Engineer will perform check-ins up to once per month with Customer to review any open Service Requests. In these sessions, Adobe will provide reviews of Customer’s open Service Requests to align on case description, business impact, status, priority, and next steps.
Additional Conditions Applicable to Enterprise Support
- Customer will provide a resource contact to coordinate Customer’s responsibilities, including, if applicable, any activities, due dates, resources, and internal development for Customer’s team. If any information, resources, work requirements or decisions to be made by Customer are delayed (e.g., Customer platform owner not being available), Adobe will not be responsible for the consequences of such delays.
- Customizations to Adobe Products are not in scope for Adobe support services. Customer is solely responsible for any customizations to the Adobe Product (including scripts, components, templates, etc.) and any impacts resulting from such customizations.
If Customer has purchased an Elite Support Plan for applicable Adobe Creative Cloud and Document Cloud Adobe Products and Services* (“Elite Support”) pursuant to an executed Sales Order, Adobe will provide Customer with additional or enhanced support services for eligible Adobe Products and Services as described below. These additional or enhanced services are supplementary to or replace the Support Services terms described above, when applicable. Standard terms and conditions for Support Services will apply except where they are supplemented or replaced. Adobe’s obligation to deliver Elite Support is limited to the applicable Adobe Products and Services for which Elite Support was purchased.
*Applicable Adobe Creative Cloud and Document Cloud Products and Services include Adobe Creative Cloud and Adobe Document Cloud apps including Adobe Acrobat, and Acrobat Sign. Adobe Stock is eligible for Elite Support but only when licensed as part of CCE Pro. Adobe Substance, 3rd Party Add-Ons for Sign, and Frame.io are currently excluded from Elite Support.
Named Support Engineer
Adobe will provide Customer with one designated support engineer (the “NSE” or “Named Support Engineer”) that is dedicated to supporting the applicable Adobe Products and Services. The Named Support Engineer will become familiar with Customer’s solution environment and business goals to assist Customer’s receipt of Enterprise Support. From time to time, Adobe may, in its sole discretion, change the Named Support Engineer. However, Adobe will inform Customer of any changes to its Named Support Engineer. The initial assignment of Named Support Engineer is subject to a four-week scheduling lead time from the date Elite Support was purchased by Customer. Such lead time may be expedited but is dependent on resource availability.
Escalation Management
Customer should follow standard escalation process in the admin console but may escalate Service Requests by liaising with Customer’s designated support contact (e.g., Named Support Engineer or Technical Account Manager). Service Request escalations, where applicable, will be managed through cross-department escalation collaborations to Adobe’s engineering, management, and support teams. Customer’s designated support contact will provide Customer with recurring reviews and updates on the escalated Service Requests
Service Reviews
Adobe will provide Customer with a quarterly review of support metrics and root cause analyses for selected critical-level service issues (limited to P1 and other mutually-selected Service Requests), which may be combined with other strategic business reviews held with Adobe.
Case Reviews
The Customer’s designated support contact (e.g., Named Support Engineer or Technical Account Manager) will perform check-ins up to twice per month with Customer to review any open Service Requests. In these sessions, Adobe will provide reviews of Customer’s open Service Requests to align on case description, business impact, status, priority, and next steps.
Additional Named Support Contacts
Under Elite Support, Customer shall be entitled to an expanded capacity of up to 10 Named Support Contacts per applicable Adobe Products and Services. Named Support Contacts can submit issues through all available channels and interact as needed with Adobe’s technical support team on behalf Customer. One such Named Support Contact can also be designated as Customer’s account administrator, allowing self-service updates to the list of Named Support Contacts, as well as limited permission settings, via the Adobe-provided support portal.
Technical Account Management for Elite Support
Under Elite Support, Customer will be entitled to Technical Account Manager (“TAM”) services to provide proactive guidance on the applicable Adobe Products and Services for the selected Customer business units. TAM services will be limited to the specified Adobe Products and Services and as applicable, number of Customer business units, specified in the executed Sales Order. Customer and Adobe will mutually agree on a service delivery plan at the start of the Elite Support services detailing the Products, services, Customer business units, and objectives to be addressed by TAM services. The initial assignment of a Technical Account Manager is subject to a four-week scheduling lead time from the date Elite Support was purchased by Customer. Such lead time may be expedited but is dependent on resource availability. TAM services will be available during Adobe’s regional business hours. The following are descriptions of the type of activities the TAM might perform.
Solution Review:
- High-level environment review (does not include custom code).
- Review solution deployment, configuration, integrations, and overall architecture.
- Analyze solution capability and utilization.
- Assess operational processes and procedures.
- Capture current support benchmarks.
- Identify risks and mitigations for solution deployment.
- Establish and review standards for optimal use and best practices for solution.
- Advise and guide on regular system maintenance tasks.
Roadmap Review:
- Review Customer’s project roadmap.
- Share Adobe solution roadmap (including EOL, key features, etc.)
- Identify gaps and opportunities to make recommendations for alignment.
- Capture business goals and risks for alignment.
Release Preparation and Review:
- Subscribe the Customer to ongoing release notes.
Provide tailored release information based on Customer’s Product configuration and use case(s). - Review and understand release schedules.
- Perform focused sessions to demonstrate new features.
- Provide release impact analysis and guidance.
- Review Customer release and deployment plan.
Knowledge Transfer:
- Ongoing knowledge transfer from Adobe personnel to provide structured guidance and improve the capability of the Customer’s team.
Upgrade/Migration Planning:
- Qualify upgrade/migration path and options.
- Capture requirements for migration or solution upgrade.
- Review upgrade/migration plan.
- Make recommendations to assist with planned upgrade/migration.
Additional Conditions Applicable to Elite Support
- Customer will provide a resource contact to coordinate Customer’s responsibilities, including, if applicable, any activities, due dates, resources, and internal development for Customer’s team. If any information, resources, work requirements or decisions to be made by Customer are delayed (e.g., Customer platform owner not being available), Adobe will not be responsible for the consequences of such delays.
- Customizations to Adobe Products are not in scope for Adobe support services. Customer is solely responsible for any customizations to the Adobe Product (including scripts, components, templates, etc.) and any impacts resulting from such customizations.