1 Scope of Application
1.1 These Service Terms apply to the Support and Update Service of Traeger GmbH Industry Components, Söllnerstr. 9, 92637 Weiden i.d. OPf. (hereinafter “TRAEGER”) for the proprietary Standard Software of TRAEGER (clause E. 2 of the GTC). They supplement the General Terms and Conditions of TRAEGER (hereinafter “GTC”) with the respective product-specific Terms of Use and License Terms of the product concerned and specify in more detail the Supplementary Provisions for Maintenance and Support Services (clause E. of the GTC). They apply exclusively in relation to entrepreneurs within the meaning of clause A. 1.1 of the GTC and become part of the Contract insofar as they are referenced in the Contract (clause A. 1.2 of the GTC).
1.2 The remuneration for the Support and Update Service covers two equivalent service components: first, the provision of technical support when needed and, second, the active further development of the licensed product as well as the provision of updates, patches and new versions during the service period. By purchasing the Support and Update Service, the Customer thus directly supports the continuous further development of the purchased product.
1.3 Customers and prospective customers who are demonstrably evaluating a product of TRAEGER shall receive limited technical support within the scope of the evaluation. The nature and scope of this support are at the discretion of TRAEGER. There is no entitlement to this support. Clause A. 9.5 shall apply to use for evaluation purposes, and clause A. 13.3 sentence 2 of the GTC shall apply to liability.
2 Scope of Services
2.1 Included Services
The Support and Update Service comprises the services described in clause E. 2.1 of the GTC. TRAEGER provides the support services as follows:
2.1.1 Technical Support
Assistance with technical questions regarding the use and integration of the licensed product via the following channels: e-mail (support@traeger.de), telephone (+49 961 48 23 0-21), ticket system (support.traeger.de) and remote support. Remote support is provided by means of TeamViewer or a remote maintenance solution preferred by the Customer, provided that such solution has been approved or is already approved by the IT administration of TRAEGER.
Technical support requests are handled at TRAEGER by the development team. The Customer thus addresses the subject-matter experts behind the respective product directly.
The responsible handler may change while a request is being processed, in particular for subject-matter reasons, in the event of absence (vacation, illness) or due to organizational requirements. The Customer has no entitlement to processing by a specific employee (clause A. 2.5 of the GTC). In the standard case, only correspondingly prioritized requests are passed on to a deputy or taken over by a deputy; this depends on the general availability of resources at TRAEGER. If the Customer’s own further work is blocked by pending processing, TRAEGER recommends a brief telephone call or a message to sales@traeger.de.
2.1.2 Error Analysis and Correction
Analysis of reported errors and provision of corrections, Workarounds or recommendations for action within the scope of ordinary product maintenance. Reported errors are discussed in the course of the regular sprint planning of TRAEGER and scheduled for further development in accordance with their criticality and the existing Support and Update Service contract with the affected Customer. Within the scope of the request, TRAEGER informs the Customer about the discussion, the anticipated scheduling and the planned provision of an unofficial and/or official solution. The rights of the Customer in the event of defects (clause A. 11 of the GTC) remain unaffected.
2.2 Services Not Included
The Support and Update Service does not include:
2.2.1 Services that are not included in the scope of services pursuant to clause E. 4.1 of the GTC, in particular training, workshops, consulting, customer-specific development, integration support and migration to new versions or platforms. If a request does not fall under the Support and Update Service, the Customer will be contacted by the sales department of TRAEGER and will receive a suitable offer for a separate service.
2.2.2 Support for product versions whose maintenance has been discontinued by TRAEGER (End of Life, clause E. 4.1.6 of the GTC). The same applies to the use of TRAEGER products on platforms, operating systems, runtime environments or technologies that have been declared discontinued (End of Life) by their respective provider, in particular outdated operating system versions or discontinued framework versions. Any support provided by TRAEGER in such situations is provided exclusively as a goodwill gesture, without any guarantee of success and without giving rise to any further claims. For platforms and technologies that provide an interoperability layer (e.g., LabVIEW, MATLAB), there is an entitlement to support only if TRAEGER offers a dedicated product version for the platform concerned and the Customer actually uses this dedicated product version in the specific support case. For all other situations, at most limited support is available at the discretion of TRAEGER. Statutory obligations of TRAEGER to provide security updates (clause B. 4.2 of the GTC) remain unaffected.
2.2.3 Answering requests whose solution is described in the publicly accessible documentation of the respective product. In such cases, TRAEGER may refer to the relevant documentation.
2.3 Support Hour Packages
Support hour packages may be purchased separately by any Customer — irrespective of an active Support and Update Service contract. The conditions are set out in the respective offer or the current price list of TRAEGER.
3 Service Hours and Response Times
3.1 The Support and Update Service is available during the service hours of TRAEGER. Service hours within the meaning of these Service Terms and the GTC (in particular clauses E. 3.1 and E. 4.1.1 of the GTC) are Monday to Thursday from 08:00 to 17:00 and Friday from 08:00 to 14:00 (local time at the registered office of TRAEGER). On statutory, regional and church holidays (in each case at the registered office of TRAEGER), on bridge days and during the annual company shutdown (as a rule from Christmas up to and including Epiphany), the Support and Update Service is not regularly available. TRAEGER announces bridge days and the exact period of the company shutdown on its website in good time, as a rule at least four (4) weeks in advance.
3.2 Outside service hours — including on Sundays and public holidays — TRAEGER can be reached by telephone via an external telephone service provider. The service provider takes a call note and asks about the urgency of the matter. Forwarding takes place in accordance with defined escalation levels. Timely processing cannot be guaranteed, even in the event of escalation. There is no entitlement to processing outside service hours; TRAEGER provides services outside service hours only upon prior request by the Customer and after coordination in the individual case (clauses E. 4.1.1 and E. 4.2 of the GTC).
3.3 During the annual company shutdown, TRAEGER ensures minimum monitoring of incoming support and sales requests. Urgent requests are processed promptly where possible, or at least answered at short notice. There is no entitlement to regular processing times during the company shutdown.
3.4 TRAEGER processes support requests at its dutiful discretion, taking into account the nature and urgency of the request, the product concerned, the availability of the required subject-matter experts and the nature of the business relationship. The urgency must be clearly evident from the Customer’s request. Fixed response or resolution times are not assured, unless otherwise agreed in text form in the individual case.
3.5 Support requests are reviewed in the order of their receipt and assigned to a qualified employee for processing. Processing generally takes place in the order of assignment, unless a higher urgency requires a different prioritization. If a request is escalated, the responsible employee is informed promptly; in the event of high workload, processing may be transferred to another qualified employee.
3.6 In urgent matters, in particular if a contact person at TRAEGER cannot be reached, the general contact address of TRAEGER (sales@traeger.de) is available to the Customer.
4 Customer’s Duties to Cooperate
4.1 The Customer is obliged to provide support requests with a comprehensible description of the problem, in particular stating the product version used, the operating environment, where possible the steps to reproduce the problem, and the observed deviation from the expected behavior. Clause A. 11.4 and clause E. 3.2 of the GTC shall apply in addition.
4.2 TRAEGER will attempt to reproduce reported problems internally. If reproduction is not possible on the basis of the description provided by the Customer, it is the Customer’s responsibility to enable TRAEGER to reproduce the problem. This may in particular include the provision of code samples, complete sample projects, log files, configuration files or access to the affected environment. TRAEGER is not obliged to try out scenarios independently and without the Customer’s cooperation in order to reproduce a problem. Clause E. 5.8 of the GTC shall apply to the provision of materials.
4.3 If a remote solution is not possible or cannot be achieved to the required extent, TRAEGER may offer the Customer the brokering of a cooperation partner for an on-site assignment (Brokerage Service, clauses A. 2.2 and E. 1.8 of the GTC).
4.4 The Customer shall maintain a constructive and respectful tone in support communications.
4.5 TRAEGER documents the entire course of support (clause A. 14.8 of the GTC). The documentation may be used to clarify any claims, in particular with regard to the quality and completeness of the support services rendered.
4.6 If and to the extent that the Customer fails to fulfill its duties to cooperate, or fails to do so in due time, TRAEGER may defer processing of the support request until the required information has been provided. If a query from TRAEGER that is relevant to further processing remains unanswered for a period of fourteen (14) days, or if, after a solution has been provided by TRAEGER, the Customer does not give notice within fourteen (14) days that the reported problem persists, TRAEGER shall be entitled to consider the request as resolved or as no longer relevant, respectively, and to close the request, provided that TRAEGER has informed the Customer in text form, in the query or upon provision of the solution, respectively, of this period and the consequence of its expiry. No repeated follow-up by TRAEGER is required for this purpose. The Customer is free to reopen the request by renewed contact with the required information or with a reasoned explanation of why the solution provided does not resolve the problem. The closing of a request does not affect the Customer’s claims for defects (clause A. 11 of the GTC) and does not constitute approval or acceptance.
5 Supplementary Provisions
5.1 All matters not governed by these Service Terms are subject to the General Terms and Conditions of TRAEGER, in particular the Supplementary Provisions for Maintenance and Support Services (clause E. of the GTC) as well as the provisions on remuneration and terms of payment, liability and damages, confidentiality and data protection, term and termination, and the final provisions. These Service Terms take precedence over clause E. of the GTC insofar as they deviate from it; they do not take precedence over the General Part of the GTC (clause A.) (clause A. 1.3 of the GTC).
5.2 Clauses A. 1.6 and A. 1.7 of the GTC shall apply mutatis mutandis to amendments to these Service Terms. Amendments that significantly restrict the scope of services of the Support and Update Service require an express agreement with the Customer.