biG-PsT - Last Modified 2023-07-25
The biGENIUS Product Specific Terms are intended to highlight some of the important things about using our different Subscription Services. The Product Specific Terms form part of the biGENIUS Customer Terms of Service and are hereby incorporated therein.
If you are using any of the Subscription Services described below, the terms corresponding to those product(s) apply to your use. We periodically update this page by posting a revised copy at https://knowledge.bigenius-x.com/product-specific-terms, so please check back here for current information.
14 days trial subscription
The 14 days trial subscription is a free subscription that can be used over the trial period of 14 days for evaluation purposes. The trial license is equivalent to the enterprise license and is described at https://knowledge.bigenius-x.com/product-and-services-catalog
If a paid subscription is purchased during or immediately after the trial period, the trial account with all available data from the trial environment can be transferred directly to the paid account.
Paid Subscription Plans
There are three different subscription plans available.
- Essential (For small-size enterprises that only require basic features)
- Professional (For medium-size enterprises that require more advanced features)
- Enterprise (For large-scale enterprises that require access to all features)
Depending on the subscription plan, different limits apply and features are available. The limits and the features plan available at each plan are described at https://knowledge.bigenius-x.com/product-and-services-catalog
Other Services
Consulting Services
You may purchase Consulting Services by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.
Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.
Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).
If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.
If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.
Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.
Communication Services
"Communication Services" means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter, LinkedIn and Youtube) linked to or from the Subscription Service that enable you to communicate with the public or with a private group.
You agree to use Communication Services only in compliance with any terms of use specified by each Communication Service. We do not control the content, messages or information found in the Communication Services. We will not have any liability with regards to the Communication Services and any actions resulting from your use of the Communication Services.
biGENIUS Training
We may offer educational seminars or certifications through biGENIUS Training. The descriptions of these educational seminars and certifications, and the terms and conditions that apply to your participation in biGENIUS Trainings are available at https://www.bigenius-x.com/e-learning.
Beta Services
If we make beta access to some or all of the Subscription Service (the “Beta Services”) available to you (i) the Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind, except in respect of losses that cannot be legally limited or excluded under law, related to your use of the Beta Services. If we inform you of additional terms and conditions that apply to your use of the Beta Services, those will apply as well. We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.
Third Party Sites and Products
You can choose to integrate Third Party Sites and Products with the Subscription Service. We are not responsible for any Third-Party Sites and Products or for any issues arising from or related to the Third Party Site or Product. The availability of any integration to a Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.
Service Uptime Commitment
For the purposes of this 'Service Uptime Commitment' section, the following definitions will apply:
"Downtime" means a critical full outage/severe issue that constitutes a catastrophic problem causing complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.
"Excluded" means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer's combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the Subscription Service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service; and (v) unavailability while we perform maintenance on the Subscription Service when necessary, in biGENIUS’s sole, reasonable discretion.
"Service Uptime" means (total hours in calendar month - Excluded duration - Downtime duration) / (total hours in calendar month - Excluded duration ) x 100% = Service Uptime.
We will use commercially reasonable efforts to meet a Service Uptime of 99.5% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer's sole and exclusive remedy for failure to meet Service Uptime commitments, in the event there are four (4) or more consecutive calendar months during which the Service Uptime falls below 99.5% in a given calendar month, Customer will be entitled to receive a credit equal to the pro-rated amount of fees applicable to the downtime as measured within four (4) or more consecutive calendar months during which the Service Uptime fell below 99.5%. The credit will be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar month in which biGENIUS did not meet the Service Uptime of 99.5%. Notwithstanding anything to the contrary in the Agreement or this section, this 'Service Uptime Commitment' section does not apply to our Free Services.
Customer Support
If you pay us a Subscription Fee for biGENIUS "Essential", "Professional", "Enterprise" edition products, you can select from support options available. All additional Support and Enablement Services included in your paid subscription are described at https://www.bigenius-x.com/subscription-plans.
Support
We accept email and in-app support questions 24 hours per day x 7 days per week. Email and in-app questions can be submitted through our help page at http://knowledge.bigenius-x.com.
Our Support is available from 8am Monday to 4pm Friday CET (Central European Time). Please note, these hours will be reduced i) during holidays in Switzerland, Germany and Austria; and ii) in all locations during biGENIUS’s company-wide designated weeks of rest.
Email and In-app Support
Email and in-app responses are provided during the above mentioned support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of biGENIUS representatives.
Support Limitations
Issues resulting from your use of API's or your modifications to code in the Subscription Service may be outside the scope of support. We only provide support for standard features of the biGENIUS application and standard generator configurations. For example, adjustments to the generator configuration or the individualization of templates and their functionality are not covered by the support.
Free Services
The biGENIUS Knowledgebase is available for free at https://knowledge.bigenius-x.com/