Platform9 Cloud Service Provider Program Terms

Last updated June 16, 2026

These Cloud Services Provider Program Terms (“Terms”) are made between Platform9 Systems, Inc., a Delaware corporation having its principal place of business at 800 W. El Camino Real, Mountain View, CA 94040 (“Platform9”), and the CSP (as defined below), and govern the CSP’s purchase and use of subscriptions to the Service (as defined below) in connection with Platform9’s cloud services provider program (the “Program”). 

“CSP” means the person or entity that accepts and agrees to these Terms on the Program website or enters into an ordering document with Platform9 that references these Terms. 

Platform9 reserves the right to modify or update these Terms in its sole discretion. The effective date of such updates and/or modifications will be the earlier of: (i) 30 days from the date of such update or modification; or (ii) the CSP’s continued use of the Service.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE OR PARTICIPATE IN THE PROGRAM. THE SERVICE IS INTENDED FOR THE CSP AND ITS AUTHORIZED USERS ONLY AND IS NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. IF AN INDIVIDUAL IS ENTERING INTO THESE TERMS ON BEHALF OF A LEGAL ENTITY, THAT INDIVIDUAL REPRESENTS AND WARRANTS THAT IT HAS THE LEGAL AUTHORITY TO BIND SUCH LEGAL ENTITY TO THESE TERMS AND THESE TERMS APPLY TO SUCH ENTITY WHICH IS DEEMED THE CSP.

If the CSP and Platform9 have executed a written agreement governing the CSP’s access to and use of the Service as a Platform9 customer in connection with the Program, then the terms of such signed agreement will govern and will supersede these Terms.

Platform9 and the CSP agree as follows:

DEFINITIONS

The definitions of certain capitalized terms used in these Terms are set forth below. Others are defined in the body of the Terms, or in the accompanying Exhibit and/or the Order.

“Affiliate”means, with respect to a party, any entity or person which directly or indirectly controls, is controlled by, or is under common control with that party. 

“Bundled Offering” means a Platform9 Product bundled with a CSP Product, as described in Section 3.

“CPU Core” means a processing unit within a central processing unit (CPU) that executes instructions independently of other cores. A CPU Core is a physical device, not emulated or virtualized.

“CPU Socket” means a physical or virtual CPU socket.

“CSP Product” means the CSP’s cloud service product offering.

“Data”has the meaning ascribed to it in Section 9.1, below.

“Documentation” means the written or online documentation regarding the Products made available by Platform9.

“End Customers” means the CSP’s end customers who have purchased a subscription to the Bundled Offering from the CSP.

“Extended Support” has the meaning ascribed to it in Section 8 of Exhibit A, below.

“Hosted Software”means Platform9’s Management Plane delivered as Software-as-a-Service.

“Node” means any Physical Server or Virtual Server reporting into the Hosted Software.

“Non-Supported Version” means version n-3 or below of the applicable Product.

“Order” means the set of terms detailing the Subscription fees, applicable Products, and other commercial terms regarding the Subscription, as set forth on the Program website at https://platform9.com/partners/service-providers/pcsp/deploy/ (or a successor URL) or as otherwise agreed by Platform9 and the CSP in writing. 

“Physical Server” means a computing device running an operating system on which Kubernetes is installed. The operating system runs directly on the hardware of the device, not within a hypervisor.

“Platform9 Management Plane” means Platform9’s proprietary software solution for managing (cloud and on-prem) computing environments.

“Products” means, collectively, the Hosted Software, the Self-Managed Software, the Software Agent, the Documentation, and all modifications, updates, and upgrades to the foregoing and derivative works thereof.

“Self-Managed Software” means Platform9’s Management Plane delivered and installed within the CSP’s datacenter or infrastructure.

“Software Agent”means the Platform9 software downloaded by the CSP to its datacenter and installed on physical servers in order to interact with the Hosted Software.

“Subscription” has the meaning ascribed to it in Section 2.1.

“Subscription Term” has the meaning ascribed to it in Section 6.1. 

“Support”means the technical support services set forth on Exhibit A.

“Supported Version” means versions n, n-1 or n-2 of the applicable Product.

“Trial Period” means any evaluation period for the Products that Platform9 designates as a trial, evaluation, or “PCSP Trial” on the applicable Order, during which the CSP may use the Products at no charge or at a trial rate designated by Paltform9.

“Users”means individuals who the CSP authorizes to use Products, and who may include CSP or End Customer personnel.

“Virtual Server” means an emulated or virtual server running an operating system in a hypervisor on which Kubernetes is installed.

“vCPU” a virtual CPU core.

ACCESS TO AND USE OF SERVICES

Right to Access and Use Products. Subject to these Terms, Platform9 grants the CSP a royalty-free, nonexclusive, nontransferable, worldwide right for the duration of the Subscription Term, to (i) use Products in connection with the Bundled Offering, for the benefit of End Customers, subject to the terms in the applicable Order, and (ii) if applicable, download and install the Software Agent on equipment owned or operated by the CSP for the benefit of End Customers (together, the “Subscription”). 

Restrictions. The CSP will not: (i) access (or allow End Customers to access) the Products in order to monitor the security of the Products, or for any competitive purposes without Platform9’s express written consent; (ii) market, sublicense, resell, lease, loan, transfer, or otherwise commercially exploit or make the Software or Products available to any third party, except to End Customers as part of the Bundled Offering as expressly set forth in these Terms; (iii) modify, create derivative works, decompile, reverse engineer, attempt to gain access to the source code, or copy the Products, or any of their components; or (iv) use the Products to conduct any fraudulent, malicious, or illegal activities (each of (i) through (iv), a “Prohibited Use”).

BUNDLED OFFERING; TRADEMARKS

Bundled Offering Description. The Bundled Offering will consist of Platform9’s Private Cloud Director Product bundled with the CSP Product. For clarity, these Terms do not permit the CSP to use the Products for its own benefit. 

Bundled Offering Marketing. Subject to Section 3.2, the CSP may market the Bundled Offering under a name of its choosing, but any co-branding (such as a “powered by Platform9” or similar designation) requires Platform9’s approval and is subject to Section 3.3.

Trademarks.  Subject to these Terms, each party (“Licensor”) grants to the other party (“Licensee”) a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to use and reproduce Licensor-approved trademarks and trade names, as may be updated from time to time (“Licensor Marks”) solely to promote the Bundled Offering. Each type of use of the Licensor Marks must be pre-approved, in writing, by the Licensor. Except as set forth in this paragraph, nothing in these Terms will grant to Licensee any right, title or interest in or to the Licensor Marks. All use of the Licensor Marks will inure solely to the benefit of the Licensee. The Licensee will promptly notify the Licensor of: (a) any improper use by any third party of the Licensor Marks; or (b) any use by any third party of similar marks which may constitute an infringement or “passing off” of the Licensor Marks. Licensee will state in appropriate places on all materials using the Licensor Marks that the Licensor Marks are trademarks of the Licensor. Licensee will not adopt, use, or attempt to register any trademarks, trade names, or domain names that are confusingly similar to the Licensor Marks or in such a way as to create combination marks with the Licensor Marks.

PLATFORM9 OBLIGATIONS

General. Platform9 is responsible for providing the Products in conformance with these Terms, the Order, and the Documentation. 

Availability. Platform9 uses its best efforts to ensure that the Hosted Software is available in accordance with the terms of the Service Level Agreement, which sets forth the CSP’s remedies for any interruptions in the availability of the Hosted Software.

Support. If the CSP experiences any errors, bugs, or other issues in its use of the Products, then Platform9 will provide Support to the CSP resolve the issue or provide a suitable workaround. The fee for Support is included in the cost of the Subscription set forth on the Order. To ensure efficient communication, the CSP will designate no more than three representatives to contact Platform9’s Support team (the “CSP Support Contacts”). Platform9 will not provide Support directly to End Customers.

CSP OBLIGATIONS

System Administration. The CSP will provide Platform9 contact information for the CSP’s system administrator who is authorized to provide the information required to configure and manage the Products (the “System Administrator”). Platform9 will provide the CSP with a confidential access code to the administration tool, which may only be accessed by the System Administrator.

Network Maintenance and Updates. The CSP is responsible for maintaining the servers, network, and other equipment necessary to create and maintain its computing environment, including by affirmatively updating the servers, network, and other equipment as may be requested or required for continued access and use.

TERM AND TERMINATION

Term. The term of these Terms will commence on the date that they are accepted or deemed accepted by the CSP and, unless they are terminated earlier as permitted in these Terms, will continue a month-to-month basis for as long as the CSP uses the Products (the “Subscription Term”).

Termination for Cause. Either party may terminate these Terms or the Subscription for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of the 30-day period (or with immediate effect if such non-breaching party reasonably determines that such breach cannot be cured during such period), or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Termination for Convenience. Either party may terminate the Subscription upon written notice to the other party (which in the CSP’s case may take the form of an email to support@platform9.com), which will become effective at the end of the following month of the Subscription Term.

Effect of Termination. If Platform9 terminates these Terms or the Subscription in accordance with Section 6.2, then the CSP will pay Platform9 any unpaid fees covering the Subscription Term then in effect, up until the date of termination.

Transition Support. In the event of termination of these Terms or the Subscription, then unless the termination was by Platform9 for the CSP’s uncured material breach, Platform9 will, upon the CSP’s reasonable written request, provide transition assistance for up to 60 days following the effective date of the termination (the “Transition Period”), including, at the CSP’s option, an extension of the CSP’s continued use of the Product for such period, provided that the CSP pay to Platform9 the Fees that would otherwise be applicable for such Transition Period under the Order then in effect. 

Survival. The following provisions will survive any expiration or termination of these Terms: Sections 8; 10; 13; 14; and 15. 

Fees. Unless the parties have agreed otherwise in writing, Platform9 will submit monthly invoices to the CSP for the Subscription fees, and payment will be due within 30 days of the invoice date (the “Due Date”). 

Overdue Charges. If any undisputed, invoiced amount is not received by Platform9 by the Due Date, then those charges may accrue late interest at the rate of 3.0% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.

Taxes. The Fees payable hereunder are exclusive of any sales taxes (unless included on the invoice), or similar governmental sales tax type assessments, excluding any income or franchise taxes on Platform9, which are specifically and particularly assessable with respect to the Products provided to the CSP (collectively, “Taxes”). The CSP is solely responsible for paying all Taxes associated with or arising from these Terms and shall indemnify, hold harmless and reimburse Platform9 for all such Taxes paid or payable by, demanded from, or assessed upon Platform9.

Over-subscription. If the CSP or an End Customer provisions a number of Cores or other metrics specified in an Order in excess of the number specified in the Order, and the excess remains provisioned for more than seven days, then Platform9 will invoice the CSP for the excess at the rate detailed in the Order, during each month that the excess remain provisioned for at least one day.

Reporting. On a quarterly basis, no later than 30 days after the end of each quarter, the CSP will provide written license usage reports to Platform9 indicating Product consumption as it pertains to each End Customer.

Right to Audit. Platform9 shall have the right, with reasonable notice to the CSP, to audit the use of Products no more than once each calendar year to confirm Product consumption levels and compliance with the applicable license terms and conditions.

CONFIDENTIALITY

Confidential Information. Except as explicitly excluded below, any information of a confidential or proprietary nature provided by a party (the “Disclosing Party”) to the other party (the “Receiving Party”) constitutes the Disclosing Party’s confidential and proprietary information (“Confidential Information”). Platform9’s Confidential Information includes the Products and any information conveyed to the CSP in connection with Support. The CSP’s Confidential Information includes Data and any information conveyed to Platform9 regarding such Data, its technology, and operations and/or its use of the Products. Confidential Information does not include information which the Receiving Party can demonstrate through reasonable evidence is (i) already known by the Receiving Party without an obligation of confidentiality to the Disclosing Party, other than pursuant to these Terms; (ii) publicly known or becomes publicly known through no unauthorized act of the Receiving Party; (iii) rightfully received by the Receiving Party from a third party without a confidentiality obligation to the Disclosing Party; or (iv) independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.

Confidentiality Obligations.  Each Receiving Party will use the Confidential Information of the other party only as necessary to perform its obligations under these Terms, will not disclose the Confidential Information to any third party, and will protect the confidentiality of the Disclosing Party’s Confidential Information with the same standard of care as the Receiving Party uses or would use to protect its own Confidential Information, but in no event will the Receiving Party use less than a reasonable standard of care. Notwithstanding the foregoing, the Receiving Party may share the other party’s Confidential Information with those of the Receiving Party’s employees, agents and representatives who reasonably have a need to know such information and who are bound by confidentiality obligations at least as restrictive as those contained herein (each, a “Representative”). Each party shall be responsible for any breach of confidentiality by any of its Representatives.

Additional Exclusions. A Receiving Party will not violate its confidentiality obligations hereunder  if it discloses the Disclosing Party’s Confidential Information if required by applicable laws, including by court subpoena or similar instrument so long as the Receiving Party provides the Disclosing Party with written notice of the required disclosure to allow the Disclosing Party to contest or seek to limit the disclosure or obtain a protective order. If no protective order or other remedy is obtained, the Receiving Party will furnish only that portion of the Confidential Information that its counsel advises it is legally required, and agrees to exercise reasonable efforts to ensure that confidential treatment will be accorded to the Confidential Information so disclosed.

DATA PROTECTION

Data. The Products will transfer a limited amount of information to Platform9, consisting exclusively of (i) metadata about the CSP’s networks and computing environments, including the host server’s operating systems, memory, CPU, storage, network and virtual machine attributes (collectively, “Metadata”), and (ii) User login information, including name, email, username, and password, except that if SAML authentication is used, then only an individual User’s name will be transferred to Platform9 (together with Metadata, “Data”). Subject always to the confidentiality obligations herein, Platform9 uses Data exclusively for the purpose of providing the Products and Support to the CSP, and the CSP grants Platform9 a limited license during the applicable Subscription Term to use Data to the extent reasonably necessary to do so. 

Security. Platform9 maintains the physical, technical, and administrative safeguards described at http://assets.platform9.net/security.pdf (“Security Measures”) in order to protect Data and assist the CSP with securing its own computing environment in its use of the Products.

OWNERSHIP

Platform9 Property. Platform9 owns and retains all right, title, and interest in and to the Product. Except for the limited license granted to the CSP in Section 2.1, Platform9 does not by means of these Terms or otherwise transfer any rights in the Products to the CSP.

CSP Property. As between the parties, the CSP owns and retains all right, title, and interest in and to the Data and does not by means these Terms or otherwise transfer any rights in the Data to Platform9, except for the limited license set forth in Section 9.1.

REPRESENTATIONS AND WARRANTIES

Mutual Representations and Warranties. Each party represents and warrants it has validly entered into these Terms and has the legal power to do so.

Limited Product Warranty. Platform9 warrants that the Products will (i) conform with the Documentation; and (ii) be provided in a manner consistent with generally accepted and commercially reasonable  industry standards. 

CSP Warranties. The CSP warrants that it has all necessary rights to grant Platform9 the licenses to Data set forth in these Terms. The CSP is responsible for End Customers’ and Users’ compliance with these Terms.

Disclaimer. Except for the limited warranties set forth in this Section 11, the Products are provided “as is” to the fullest extent permitted by law. Platform9 and its licensors expressly disclaim all other warranties, express or implied, including warranties of performance, merchantability, fitness for any purposes, and non-infringement. Platform9 does not warrant that the Products (i) are error-free, (ii) will perform uninterrupted, or (iii) will meet the CSP’s or any End Customer’s requirements. 

INSURANCE

Commercial general liability insurance on an occurrence basis for bodily injury, death, property damage, and personal injury, with coverage limits of not less than $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury and property damage;

Umbrella liability insurance on an occurrence form, for limits of not less than $3,000,000 per occurrence and in the aggregate; and 

Technology Errors & Omissions and Cyber-risk on an occurrence or claims-made form, for limits of not less than $5,000,000 annual aggregate covering liabilities for financial loss resulting or arising from acts, errors or omissions in the rendering of the Products, or from data damage, destruction, or corruption, including without limitation, unauthorized access, unauthorized use, virus transmission, denial of service, and violation of privacy from network security failures in connection with the Products. Coverage will be maintained for a period of no less than three years following termination of these Terms.  

Carrier Quality. Insurance carriers will be rated A-VII or better by A.M. Best Provider. Platform9’s coverage will be considered primary without right of contribution of the CSP’s insurance policies.  In no event will the foregoing coverage limits affect or limit in any manner Platform9’s contractual liability for indemnification or any other liability of Platform9 under these Terms.  

INDEMNIFICATION

By Platform9. Platform9 will indemnify, defend, and hold the CSP, its Affiliates, and their respective owners, directors, members, officers, and employees (collectively, “CSP Indemnitees”) harmless from and against any claim, action, demand, suit or proceeding (each a “Claim”) made or brought by an unaffiliated third party against any of the CSP Indemnitees alleging that the CSP’s use of the Products infringes or misappropriates any patent, trademark, copyright, or any other intellectual property of such third party. Platform9 will pay any settlement of such Claim, or any damages finally awarded against any CSP Indemnitees by a court of competent jurisdiction as a result of any such Claim, so long as the CSP (i) gives Platform9 prompt written notice of the Claim, (ii) gives Platform9 sole control of the defense and settlement of the Claim (provided that Platform9 may not settle any Claim without the CSP Indemnitee’s written consent, which will not be unreasonably withheld), and (iii) provides to Platform9 all reasonable assistance, at Platform9’s request and expense. If the CSP’s right to use the Products hereunder is, or in Platform9’s reasonable opinion is likely to be, enjoined as the result of a Claim, then Platform9 may, at Platform9’s sole option and expense procure for the CSP the right to continue using the Products under these Terms, or replace or modify the Products so as to be non-infringing and substantially equivalent in function to the claimed infringing or enjoined Products. Platform9 will have no indemnification obligations under this Section 13.1 to the extent that a Claim arises from: (a) use of the Products by the CSP or the applicable CSP Indemnitee in a manner other than as expressly permitted in these Terms; (b) any alteration or modification of the Products by the CSP or the applicable CSP Indemnitee, except as expressly authorized by Platform9; (c) the combination of the Products by the CSP or the applicable CSP Indemnitee  with any other software, product, or services (to the extent that the alleged infringement arises from such combination); or (d) specifications provided by the CSP. This Section 13.1 sets forth Platform9’s sole and exclusive liability, and the CSP’s exclusive remedies, for any Claim of infringement or misappropriation of intellectual property.

By CSP. The CSP will indemnify, defend, and holdPlatform9, its Affiliates, and their respective owners, directors, members, officers, and employees (together, the “Platform9 Indemnitees”) harmless from and against any Claim arising out of (a) the CSP or any End Customer or User engaging in a Prohibited Use, or (b) the CSP Product. The CSP will pay any settlement of and any damages finally awarded against any Platform9 Indemnitee by a court of competent jurisdiction as a result of any such Claim so long as Platform9 (i) gives the CSP prompt written notice of the Claim, (ii) gives the CSP sole control of the defense and settlement of the Claim (provided that the CSP may not settle any Claim without Platform9’s prior written consent which will not be unreasonably withheld), and (iii) provides to the CSP all reasonable assistance, at the CSP’s request and expense.

LIMITATIONS OF LIABILITY

• NEITHER PARTY NOR ITS AFFILIATES NOR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES OF ANY OF THEM WILL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THESE TERMS, EVEN IF SUCH OTHER PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.
• EACH PARTY AGREES THAT WITH THE EXCEPTION OF THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 13, THE OBLIGATIONS UNDER SECTION 8, AND PLATFORM9’S OBLIGATIONS UNDER SECTION 9.2 (TOGETHER, THE “EXCLUDED CLAIMS”), AND ABSENT GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EITHER PARTY, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES, TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY THE CSP TO PLATFORM9 FOR USE OF THE PRODUCTS DURING THE PRIOR 12 MONTHS UNDER THESE TERMS (“FEES PAID”). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE THE CLAIMANT’S SOLE AND EXCLUSIVE REMEDY. NOTWITHSTANDING THE FOREGOING, PLATFORM9’S TOTAL, CUMULATIVE LIABILITY FOR ALL EXCLUDED CLAIMS WILL NOT EXCEED THREE (3) TIMES THE AMOUNT OF FEES PAID.

MISCELLANEOUS

These Terms are the entire agreement between the CSP and Platform9 and supersedes all prior agreements and understandings concerning the subject matter hereof. The CSP and Platform9 are independent contractors, and these Terms will not establish any relationship of partnership, joint venture, or agency between the CSP and Platform9. Failure to exercise any right under these Terms will not constitute a waiver of such right. There are no third-party beneficiaries to these Terms. These Terms are and shall be governed, construed, and enforced by the laws of California without reference to conflicts of law rules. For any claim, cause, action, or dispute arising from these Terms, the Parties consent to personal jurisdiction and the exclusive venue of the federal and state courts, as applicable, located in Santa Clara County, California. Any notice provided by one party to the other under these Terms will be in writing and sent by overnight courier or certified mail (receipt requested) to the address above. If any provision of these Terms is found unenforceable, these Terms will be construed as if it had not been included. Neither party may assign these Terms without the prior, written consent of the other party, except that either party may assign these Terms without such consent by fact or act of corporate succession in connection with an acquisition of the assigning party or a sale of all or substantially all of its assets.

EXHIBIT A

SUPPORT TERMS

This Support Services Exhibit sets forth the terms on which Platform9 provides technical support (“Support”) to the CSP (“Support Terms”). For clarity, Platform9 does not provide Support to End Customers.

Definitions

“Error” means a failure of the Products to conform to the Documentation, resulting in the inability to use, or material restriction in the use of, the Products.

“Escalation” means the process by which Platform9 will work continuously, and at multiple levels of its organization, to resolve an Error if not resolved within a commercially reasonable timeframe considering the Priority Level of the Error.

“Start Time” means the time at which Platform9 first becomes aware of an Error during Platform9’s regular business hours, following initiation of a Support case by the CSP in accordance with Sections 2 and 3 below.

General. During a Subscription Term, Platform9 will provide the Support described in these Support Terms 24 hours a day, 7 days a week.

Contacts. TheCSP Support Contacts may initiate a Support case by emailing support@platform9.com, by opening a Support ticket on the Platform9 Support portal at www.platform9.com/support, or by calling the Platform9 Support Line at (650) 898-7369. Emergency cases must be opened via phone. The CSP may initiate an unlimited number of Support cases.

Priority Levels and Timeframes.  Platform9 will establish the Priority Level of an Error and the corresponding Support case in its sole discretion and will use its best efforts to resolve the Error after responding to the CSP Support Contact(s) within the Response Times set forth below. If an Error is not addressed within a commercially reasonable timeframe considering the Priority Level, then Platform9 will commence an Escalation.

Trial Periods. The Response Times and Escalation procedure set forth above do not apply during a Trial Period. During a Trial Period, Platform9 will use commercially reasonable efforts to respond to Support cases but makes no commitment as to any Response Time, and the Escalation process is not triggered by elapsed time.

Maintenance Window.  The CSP will provide Platform9 with a monthly maintenance window during which Platform9 may adjust its computing environment to appropriately align its capacity with the CSP’s usage. The parties will work together to monitor and anticipate changes to the CSP’s deployment that may warrant capacity adjustments. A minimum of 7 days’ notice will be provided to schedule the maintenance window.

Standard Support. To receive Standard Support, the CSP is required to be running on a Supported Version (ie, n, n-1 or n-2). The CSP will automatically be enrolled into Extended Support for Non-Supported Versions, (ie n-3 or older).

Extended Support. The CSP will be charged the Extended Support Fee for Extended Support.  Extended Support allows the CSP to continue receiving Support for Products of a version older than the Supported Version past the end date of Standard Support.  Extended Support is for versions n-3 and above. On the date which Standard Support expires, Platform9 will automatically enroll CSP Nodes in Extended Support. Automatic enrollment into Extended Support does not change the Node and does not impact the uptime or performance of CSP Nodes.

For example, if the end of Standard Support date for version n-2 is July 31 (release of the new version), 2026. If the CSP does not manually upgrade to version n-1 before July 31, 2026 the Nodes become n-3 on July 31, 2026, and Platform9 automatically enrolls CSP Nodes in Extended Support on July 31, 2026.  Starting July 1, 2026, Platform9 will automatically invoice the CSP for the upcoming quarter of Extended Support.

Extended Support is available for up to one year past the end of Standard Support date. After this time, if the CSP has not upgraded to a supported version, then Platform9 will mandate an upgrade.

Extended Support Fee. Extended Support Fee is calculated monthly and automatically invoiced quarterly.  The first six months of Extended Support is charged at 2x the per node price set out in the Order.  The second six months is charged at 4x the per node price set out in the Order.  Platform9 recommends that the CSP upgrades to a supported version as soon as possible.

Pricing example:  Per Node price on Order is $2500 per year, which is equivalent to $625 per quarter.  In the first 3 months Extended Support Fee is $625 * 2 = $1,250. In the second 3 months Extended Support Fee is $625 * 2 = $1,250.  In the third 3 months Extended Support Fee is  $625 * 4 = $2,500.  In the fourth 3 months Extended Support Fee is  $625 * 4 = $2,500.  The total for a full year of Extended Support for a Node will be $7,500.

Conditions. Platform9’s obligation to provide Support is conditioned upon the following: (i) the CSP makes reasonable efforts to solve the Error after consulting with Platform9; (ii) the CSP provides Platform9 with sufficient information and resources to correct the Error, as well as any and all assistance reasonably requested by Platform9; and (iii) the CSP procures, installs, and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to access and operate the Products.

Exclusions. Platform9 is not obligated to provide Support in the following situations: (i) the problem is caused by the CSP’s negligence, hardware malfunction, or other causes beyond the reasonable control of Platform9; or (ii) the problem is with third party software not licensed through Platform9.

Termination. Platform9 reserves the right to conclude its performance of a Support case when, in its reasonable discretion, Platform9 determines that it has provided a satisfactory resolution or workaround to the Error.