Please read these service terms and conditions carefully before using the Kolena service.
Last updated on December 11, 2025
PLEASE READ THESE KOLENA SERVICE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE SERVICE (AS EACH TERM IS DEFINED BELOW) OFFERED BY KOLENA INC. ("KOLENA"). BY MUTUALLY EXECUTING ONE OR MORE ORDER FORMS OR DOCUMENTS WITH KOLENA WHICH REFERENCE THESE TERMS (EACH, AN "ORDER DOCUMENT"), YOU ("CUSTOMER") AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER DOCUMENTS BETWEEN THE PARTIES, THE "AGREEMENT") TO THE EXCLUSION OF ALL OTHER TERMS. IN ADDITION, ANY ONLINE ORDER DOCUMENT WHICH YOU SUBMIT VIA KOLENA'S STANDARD ONLINE PROCESS AND WHICH IS ACCEPTED BY KOLENA SHALL BE DEEMED TO BE MUTUALLY EXECUTED. IF THE TERMS OF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERM.
This Agreement will be implemented through one or more Order Documents. Upon acceptance by Kolena, each Order Document shall be incorporated into and form a part of this Agreement. Subject to the terms and conditions of this Agreement, Kolena grants to Customer a non-sublicensable, non-transferable (except with an assignment of this Agreement as authorized herein), revocable, non-exclusive, limited right and license, during the Term of an applicable Order Document, to internally access and use Kolena's software-as-a-service solution (as identified on an Order Document, the "Service"). Customer shall use the Service and any documentation, data or other information related thereto that is received from Kolena or its representatives solely for Customer's internal use and for no other purpose. Customer acknowledges and agrees that the Service may incorporate functions that will inhibit Customer from exceeding the scope of the permitted rights.
The Service may include Microsoft Office add-ins, including but not limited to add-ins for Excel, Word, Outlook, PowerPoint, and other Office applications ("Office Add-Ins"). Office Add-Ins form part of the Service and are governed by this Agreement and Kolena's Privacy Policy. Use of any Office Add-In requires a valid Customer Account. Office Add-Ins may collect, transmit, or process content from the applicable Office application to the Service for analysis, processing, or agent execution as described in this Agreement. By installing or using any Office Add-In, Customer: (a) agrees to be bound by this Agreement with respect to its use of Office Add-Ins; (b) authorizes Kolena to process such content in accordance with this Agreement; and (c) acknowledges that all licensing rights, use limitations, intellectual property protections, and acceptable use obligations set forth in this Agreement apply equally to Customer's and its Authorized Users' use of Office Add-Ins.
Provided that Customer is in compliance with the terms and conditions of these Terms, Kolena shall use commercially reasonable efforts to provide the Service in accordance with the Service Level Agreement set forth immediately below.
Customer shall not and shall not permit any third party to: (a) use the Service (including any AI Output (defined below)), any documentation or other information provided by Kolena hereunder, to create any service, software, documentation or data that is similar to or competes with any aspect of the Service; (b) reproduce or modify the Service or any portion thereof, or embed the Service or any portion thereof into any commercial product of Customer; (c) sublicense, rent, sell, loan, lease, disclose, display, distribute, or otherwise transfer the Service, or any portion thereof, or use it for timesharing, rental or service bureau purposes, or for the benefit of a third party; (d) reverse assemble, reverse compile or reverse engineer the Service, or any portion thereof, or otherwise attempt to discover any Service source code, or underlying Confidential Information (as defined in Section 2.1 below), or otherwise circumvent any technological measure that controls access to the Service; (e) copy, adapt, merge, create derivative works of, translate, localize, port or otherwise modify the Service; (f) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (g) bypass any measures Kolena may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (h) publish any results of benchmark tests run on the Service; or (i) otherwise use the outside of the limitations set forth in this Agreement.
Customer may be required to provide Kolena with certain information or data in order to create an account and access the Service ("Customer Account"). Customer may be required to identify at least one administrative Customer Account that will be used to manage Customer's and any Authorized Users' (defined below) access to the Service. Customer shall (a) provide accurate and complete information; and (b) keep all Customer Account information updated. Customer must notify Kolena immediately of any discovered or otherwise suspected breach of security or unauthorized use of a Customer Account. The Service may only be accessed and used by a limited number of Customer users authorized in an Order Document (the "Authorized Users"). Customer will be responsible for all acts and omissions of its Authorized Users in connection with this Agreement and for all use of Authorized Users' accounts.
Customer acknowledges and agrees that the Service may operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties ("Third Party Integrations"). Kolena is not responsible for the operation of any Third Party Integrations nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Integrations. Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Integrations (including any Customer Data or other information relating thereto) and for complying with any applicable terms or conditions thereof. Kolena does not make any representations or warranties with respect to Third Party Integrations or any third party providers. Any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider and is governed by such third party's terms and conditions. By authorizing Kolena to transmit Customer Data from Third Party Integrations into the Service, Customer represents and warrants to Kolena that it has all right, power, and authority to provide such authorization.
"Confidential Information" means any information disclosed by either party (the "Disclosing Party") to the other party (the "Receiving Party") pursuant to this Agreement that is (a) is in written, graphic, machine readable or other tangible form and is marked "Confidential," "Proprietary" or in some other manner to indicate its confidential nature; or (b) in the case of oral or visual disclosure is identified as confidential at the time of disclosure; or (c) under the circumstances should in good faith be considered to be confidential whether or not marked. All pricing-related information is Kolena's Confidential Information.
Each party shall treat as confidential all Confidential Information of the other party, shall not use such Confidential Information except as set forth in this Agreement, and will not disclose such Confidential Information to any third party except as expressly permitted herein without the Disclosing Party's written consent. The Receiving Party shall use at least the same degree of care which it uses to prevent the disclosure of its own confidential information of like importance to prevent the disclosure of the Disclosing Party's Confidential Information, but in no event less than reasonable care. The Receiving Party shall promptly notify the Disclosing Party of any actual or suspected misuse or unauthorized disclosure of any of the Confidential Information. In the event of any termination or expiration of this Agreement, each Receiving Party will either return or, at the Disclosing Party's request, destroy the Confidential Information of the other Disclosing Party. Notwithstanding the foregoing, the obligations set forth in this Section 2 shall not apply with respect to any information to the extent that it is: (a) already rightfully in the possession of the Receiving Party without restriction prior to the first disclosure hereunder as shown by records or files; (b) is already or becomes generally available to the public after the time of disclosure other than as a result of any improper action by the Receiving Party; (c) was rightfully disclosed to Receiving Party by a third party without restriction; or (d) was independently developed by Receiving Party or its employees without access to or reliance on such information. The Receiving Party may make disclosures required by law or court order provided that, if practicable and legally permissible, the Receiving Party provides adequate notice and assistance to the Disclosing Party for the purpose of enabling the Disclosing Party to prevent and/or limit the disclosure.
Due to the unique nature of the Confidential Information, the Receiving Party agrees that any breach or threatened breach of this section of this Agreement may cause not only financial harm to the Disclosing Party, but also irreparable harm for which money damages may not be an adequate remedy. Therefore, the Disclosing Party shall be entitled, in addition to any other legal or equitable remedies, to seek an injunction or similar equitable relief against any such breach or threatened breach without the necessity of posting any bond.
"Customer Data" means all (a) data provided by Customer or its systems or providers to Kolena; and (b) any reports and other data output generated specifically for Customer with the Customer Data via Customer's use of the Service. As between the parties, Customer shall retain all right, title and interest in the Customer Data. Subject to the terms of this Agreement, Customer hereby grants to Kolena a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data to the extent necessary to provide the Service to Customer. Customer represents and warrants that (i) it has all rights and authorization to provide the Customer Data; (ii) the provision of Customer Data, and Kolena's use of the data as authorized hereunder; is allowed by Customer's privacy policy; and (iii) Customer's provision, use and maintenance of Customer Data complies with all laws, regulations and third-party rights. Customer, not Kolena, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data and Customer acknowledges and agrees that Kolena shall have no liability with respect to the foregoing. Notwithstanding anything to the contrary, Customer acknowledges and agrees that Kolena may (A) internally use and modify (but not disclose) Customer Data for the purposes of (I) providing and improving the Service to Customer, and (II) generating Anonymous Results Data (as defined below), and (B) freely use, retain and make available Anonymous Results Data for Kolena's business purposes (including without limitation, for purposes of improving, testing, operating, conducting benchmarking tests, promoting and marketing Kolena's products and Service). "Anonymous Results Data" means data submitted to, collected by, or generated by Kolena in connection with Customer's use of the Service, but only in an aggregated and anonymized form which can in no way be linked specifically to Customer.
Kolena will implement and maintain an industry-standard information security program with administrative, physical, and technical safeguards designed to protect the integrity of Customer Data.
As between the parties, Kolena owns and retains all rights, title, and interest, including all related Intellectual Property Rights (defined below), in the Service, and any technology, designs, templates, materials, algorithms, code, or software used to provide the Service, including the Inventions (defined below), or data derived from the Service. No intellectual property rights are assigned or transferred by either party in connection herewith. All rights not expressly granted to Customer are reserved to Kolena. The Kolena name, the Kolena logo, and the product names associated with the Service are trademarks of Kolena or third parties, and no right or license is granted to use them. "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
Notwithstanding anything to the contrary in this Agreement, Customer grants Kolena a perpetual, worldwide, non-exclusive, transferable, irrevocable, royalty free, paid-up, sub-licensable, right and license to use, display, reproduce, distribute and otherwise exploit Feedback for any purposes, provided the Feedback does not identify Customer. Kolena agrees that (a) Customer is not obligated to provide Feedback, and (b) all Feedback is provided "AS IS". "Feedback" means all suggestions for improvement or enhancement, recommendations, comments, opinions or other feedback provided by Customer (whether in oral, electronic or written form) to Kolena in connection with the Agreement. Feedback, even if designated as confidential by Customer, shall not create any confidentiality obligation for Kolena notwithstanding anything else.
To the extent applicable, Customer shall pay Kolena the fees for the Service as set forth in the applicable Order Document ("Fees"). All Fees will be invoiced in advance (in U.S. dollars). Payments are due within seven (7) days from date of invoice. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. If Customer's payment of any invoice results in bank transfer fees, currency exchange fees, or similar charges ("Transaction Fees"), Customer will be solely responsible for payment of all Transaction Fees. Customer will ensure that payment of any invoice is made such that the full amount invoiced is received by Kolena, without any deduction or offset for Transaction Fees. To the extent necessary, Kolena will invoice Customer for Transaction Fees. Customer shall be responsible for all taxes associated with the Service other than taxes based on Kolena's net income. Late payments will be subject to a finance charge of 1.5% for each thirty (30) day period (or less, if required by law). In addition, Customer will reimburse Kolena for all costs of collection. Notice for failure to pay may be provided via email. All Fees paid are non-refundable and are not subject to set-off or deduction.
This Agreement shall commence on the Effective Date and, unless earlier terminated as provided herein, shall continue for the term specified in the applicable Order Document (the "Initial Term"), which term shall automatically renew for successive terms of equal length (each a "Renewal Term" and together with the "Initial Term", the "Term") unless either party provides the other party with written notice of non-renewal at least ninety (90) days prior to the end of the then-current term.
This Agreement and any Order Document may be terminated by either party on thirty (30) days' prior notice if the other party materially breaches any of the terms of this Agreement or the Order Document and such breach remains uncured within such period (provided that, the notice must provide sufficient detail regarding the breach and expressly state the intent to terminate if not cured).
Without limiting the foregoing, Kolena may suspend or limit Customer's (and its Authorized Users') access to or use of the Service if (a) Customer's account is more than sixty (60) days past due; or (b) Customer's use of the Service results in (or is reasonably likely to result in) damage to or material degradation of the Service which interferes with Kolena's ability to provide access to the Service to other customers; provided that in the case of subsection (b): (i) prior to any such suspension or limitation, Kolena shall use commercially reasonable efforts to provide notice to Customer describing the nature of the damage or degradation; and (ii) Kolena shall reinstate Customer's use of or access to the Service, as applicable, if Customer remediates the issue within thirty (30) days of receipt of such notice.
Termination of this Agreement for breach will terminate all Order Documents. Upon termination or expiration of this Agreement, Customer's right to use the Service will automatically terminate. In the event of termination other than for Kolena's uncured breach, all Fees shall become due. Sections 1.3, 2, 3, 4, 7, 8.3, 9, 10, 11, as well as this sentence and any outstanding fees, shall survive any termination or expiration of this Agreement for any reason.
Notwithstanding anything to the contrary in this Agreement, Customer acknowledges that the Service or components thereof may be powered by an artificial intelligence or machine learning algorithm, program or other model, including a large language model, that is developed and/or operated by a third party ("GAI Platforms"). The content of the Service may also include AI Output such GAI Platforms. Kolena makes no guarantees, representations or warranties with respect to the suitability, accuracy, quality, security, legality, results, and reliability of GAI Platforms, including any AI Outputs. Customer acknowledges that AI Outputs may contain errors and misstatements and may be incomplete or inaccurate. Before leveraging any AI Outputs, which are provided "AS IS," Customer is responsible for making their own determinations that the AI Outputs are suitable, and Customer is solely responsible for any reliance on the accuracy, completeness, or usefulness of any AI Outputs. Under no circumstances will Kolena be liable in any way for any AI Outputs or for any loss or damage of any kind incurred as a result of Customer's interaction with GAI Platforms or use of AI Outputs. Customer's use of GAI Platforms may be subject to, and Customer is solely responsible for compliance with, additional third party terms and conditions that govern such GAI Platforms.
Each party represents and warrants that (a) it has all right, power, and authority to execute this Agreement and perform hereunder; (b) this Agreement is legally binding upon it and enforceable in accordance with its terms; (c) its activities in connection with this Agreement will not violate any laws or regulations; and (d) the execution, delivery and performance of this Agreement will not conflict with any agreement, instrument, judgment or understanding, oral or written, to which it is a party or by which it may be bound.
Kolena warrants, for Customer's benefit only, that the Service will operate in conformity, in all material respects, with the applicable Documentation during the Term. Kolena's sole liability (and Customer's sole and exclusive remedy) for any breach of this warranty shall be, in Kolena's sole discretion and at no charge to Customer: (a) to use commercially reasonable efforts to provide Customer with an error correction or work-around that corrects the reported non-conformity; or (b) if Kolena determines such remedies to be impracticable, to allow Customer to terminate the Term and receive as its sole remedy a refund of any Fees Customer has pre-paid for use of the Service or as of the date of the warranty claim. The limited warranty set forth in this Section 8.2 shall not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which the condition giving rise to the claim first appeared; (ii) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services; or (iii) if the Service is provided on a no-charge or evaluation basis.
EXCEPT FOR THE LIMITED WARRANTY IN SECTIONS 8.1 AND 8.2, THE SERVICE AND AI OUTPUT IS PROVIDED "AS IS" AND KOLENA DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOLENA MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE OR ANY AI OUTPUT WILL MEET CUSTOMER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Kolena indemnifies, defends and holds Customer, its officers, directors, consultants, employees, agents, successors and assigns harmless from any and all amounts actually paid to any third party in connection with claims, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") relating to any third party claim that the Service, as provided by Kolena to Customer under this Agreement and used within the scope of this Agreement, infringe or misappropriate any intellectual property right of such third party (each, an "Infringement Claim"). In the event of any such Infringement Claim, Kolena may, at its option: (a) obtain a license to permit Customer the ability to continue using the Service; (b) modify or replace the relevant portion(s) of the Service with a non-infringing alternative having substantially equivalent performance within a reasonable period of time; or (c) terminate this Agreement by providing notice to Customer, and provide Customer with a refund of any prepaid, unearned Fees (prorated on a daily basis for the then-current billing period), if any. Notwithstanding the foregoing, Kolena will have no liability for any Infringement Claim to the extent that it results from: (i) AI Output or GAI Platforms; (ii) modifications to the Service made by a party other than Kolena or its agents, or otherwise not approved by Kolena or its agents or allowed under this Agreement; (iii) the combination, operation or use of the Service with equipment, devices, data (including Customer Data) or software not provided or approved by Kolena; (iv) Customer's failure to use updated or modified versions of the Service provided by Kolena to avoid a claim; or (v) Customer's use of the Service other than in accordance with this Agreement ((i) through (v), collectively, the "Excluded Claims"). The indemnification obligations set forth in this Section 9.1 are Kolena's sole and exclusive obligations (and Customer's sole and exclusive remedies) with respect to infringement or misappropriation of intellectual property rights of any kind.
Customer will indemnify and hold Kolena, its officers, directors, consultants, employees, agents, successors and assigns harmless from any and all Losses relating to any third party claim caused by (a) any of the Excluded Claims; and (b) any claim that Customer Data or the use of Customer Data or Customer's use of GAI Platforms and AI Outputs offered through the Service infringe, violate, or misappropriate any third party intellectual property or proprietary right or otherwise violates any law, rule, or regulation or infringe or violate the rights of a third party. Without limiting the foregoing, if Kolena receives any notice or claim that Customer Data may violate any law, rule, or regulation or infringe or violate the rights of a third party, Kolena may (but is not required to) suspend the Service hereunder.
Any claim for indemnification hereunder is contingent upon the indemnified party providing (a) prompt written notice of the liability; (b) reasonable cooperation, information, and assistance in connection therewith; and (c) the indemnifying party with the sole control and authority to defend, settle or compromise such liability, provided that the indemnified party may participate in such defense at its sole cost. The indemnifying party will not make any settlement that requires a materially adverse act or admission by the indemnified party without the indemnified party's written consent (such consent not to be unreasonably delayed, conditioned or withheld). The indemnifying party will not be liable for any settlement made without its prior written consent.
NEITHER PARTY SHALL BE LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY OF LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOST DATA, OR THE COST OR PROCUREMENT OF SUBSTITUTE TECHNOLOGY OR SERVICES), HOWEVER ARISING, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; (B) AMOUNTS IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY CUSTOMER TO KOLENA DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD (OR, IF NO AMOUNTS HAVE BEEN PAID, SUCH AMOUNT SHALL BE ONE THOUSAND U.S. DOLLARS ($1,000.00).
This Agreement shall be governed by the laws of the State of California and the United States without regard to conflicts of law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court), any dispute arising under this Agreement shall be finally settled in accordance with the Rules of the Judicial Arbitration and Mediation Service ("JAMS") in accordance with such JAMS Comprehensive Arbitration Rules and Procedures then in effect. To the extent the JAMS streamlined rules are available, they shall apply. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. To the extent a claim cannot legally be arbitrated (as determined by an arbitrator), the jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in San Francisco, California and both parties hereby submit to the personal jurisdiction of such courts.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Customer agrees that Kolena may use Customer's name and logo on Kolena's web site and in Kolena promotional materials as part of a general list of Kolena's customers. Any other marketing or promotional use is subject to Customer's written approval (email being sufficient).
This Agreement, including any referenced attachments and/or incorporated documents, shall constitute the entire understanding between the parties regarding the subject matter described herein and supersedes any previous communications, representations or agreements whether oral or written regarding such subject matter.
No change or modifications of any of the terms or conditions hereof shall be valid or binding on either party unless made in writing and signed by an authorized representative of each party making specific reference to this Agreement and the clause to be modified. No provision of right, power or privilege under this Agreement shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of any party, its agents or employees, but only by an instrument in writing signed by an authorized representative of each party. No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to any other breach or default, whether of the same or any other provision and whether occurring prior to, concurrent with, or subsequent to the date of such waiver.
The parties hereto shall each be independent contractors in the performance of their obligations under this Agreement, and nothing contained herein shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Each party is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith.
Neither party will assign or transfer this Agreement without the other party's written consent; provided that, either party may, without consent, assign this Agreement to a successor to all or substantially all of its business or assets to which this Agreement relates (whether by sale of assets or equity, merger, consolidation or otherwise). This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Except as otherwise set forth in this Agreement, any notice or communication required or permitted under this Agreement shall be in writing to the parties at the addresses set forth on the first page of this Agreement, an Order Document, or at such other address as may be given in writing by either party to the other in accordance with this Section and shall be deemed to have been received by the addressee (a) if given by hand, immediately upon receipt; (b) if given by overnight courier service, the first business day following dispatch or (c) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail. In addition, any legal notices to Kolena must be delivered to the following email address: legal@kolena.com (notwithstanding earlier receipt via email, legal notices will be deemed received when the physical notice is received as set forth in preceding sentence).
This Agreement may be signed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.
Subject to Customer's compliance with the terms and conditions of these Terms, Kolena will use commercially reasonable efforts to make any of the Product (as identified on an Order Document) available at least ninety-nine percent (99%) of each calendar month during the Term of an applicable Order Document, as measured by Kolena ("Scheduled Availability Time"). Scheduled Availability Time is measured from the time the applicable Product is launched and does not include periods of Scheduled Maintenance (defined below) or Unscheduled Maintenance (defined below).
"Scheduled Maintenance" means that on a quarterly basis for each calendar year, Kolena may schedule up to eight (8) hours of Scheduled Maintenance to a Product, during which time the Product may be inaccessible. The Scheduled Maintenance will be done at times that minimize impact to Customer. Kolena will use reasonable efforts to provide Customer at least forty-eight (48) hours prior notice of the Scheduled Maintenance.
"Unscheduled Maintenance" means that in the event of an emergency or problem affecting a Product that requires immediate attention, Kolena may perform emergency maintenance to a Product, during which time the Product may be inaccessible.
During periods of Scheduled Availability Time when the applicable Product is not available to Customer, Kolena will use reasonable efforts to inform Customer, via telephone, e-mail, or other available mechanism of the unavailability. Kolena will also provide subsequent notice to Customer when the unavailability has been resolved.
Kolena will make available to Customer as part of the Product all generally available updates and bug fixes to such Product. For technical information, technical advice and technical consultation regarding Customer's use of the Product, Customer can reach Kolena at contact@kolena.com from 9:00 a.m. to 9:00 p.m. Eastern Time, Monday through Friday, excluding Kolena-observed holidays ("Support Hours"). Outside of Support Hours, Customer can send support inquiries via email or the Kolena website. Kolena will use commercially reasonable efforts to promptly respond to support inquiries.