Terms of Service

These Terms of Service, together with all applicable Exhibits (collectively, the “Agreement”), apply to anyone accessing or using Ory Network, Ory Enterprise License (OEL) or other related Products and Material (as such terms are defined below) provided by Ory Corp and its affiliates (“Ory,” “We,” “Our,” “Us”) (You and Ory are each a “Party” and collectively, the “Parties”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ORY NETWORK OR OTHER PRODUCTS OR MATERIAL, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THESE TERMS, DO NOT ACCESS OR USE ORY NETWORK OR RELATED PRODUCTS AND MATERIAL.

We may also confirm Your Agreement to be bound by these Terms by asking You to click an “I accept” or similar button or acknowledgment when You access certain portions of the Products or Material, including when You first select Your Subscription Plan. If You are agreeing to these Terms on behalf of a company, an organization, or other legal entity (“Your Organization”), then (i) You represent and warrant that You have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in these Terms, the term “You” means Your Organization on whose behalf You are acting.

1. Products and Material

1.1. Ory Open Source Software and the Ory Network

Ory makes the Core Applications available in source code form at https://github.com/ory, and licenses this source code under the Apache 2.0 License. In addition to the Core Applications, the Ory Network and the Ory Enterprise License (OEL) contain additional code needed to offer the Core Applications in a Software-as-a-Service model and for other associated purposes (collectively, the “Network Components”). Ory does not make the Network Components available in source code form. If You modify the Core Applications, they will not function with the Network Components.

1.2. Features and Functionality of Ory Network; Products and Material

During the Term, Ory will provide You with the features and functionality of the Ory Network described in the Subscription Plan that is elected. During the Term, Ory will also provide you with any other Products and Materials described in the Subscription Plan that was elected.

2. Rights in Products and Material

2.1. Ory’s Grant of Rights to You

Subject to the terms and conditions of this Agreement, Ory hereby grants to You, under Ory’s Intellectual Property Rights and during the Term, a non-exclusive, non-sublicensable, non-transferable license to access and use the Products and Material for their intended purposes in accordance with their applicable Documentation and Your Subscription Plan.

2.2. Ownership of Products and Material

As between the Parties, the Products and the Material (and Intellectual Property Rights embodied in such Products and Material) are the sole property of Ory and, except for the limited rights granted in this Section 2 (“Rights in Products and Material”), You have no rights in or to the Products or the Material.

3. Your Data

3.1. Responsibility for Your Data

Apart from Ory’s specific obligations with respect to the service set forth in this Agreement, You are solely responsible for Your Data and this includes the responsibility to accurately upload and otherwise provide such Your Data to Ory.

3.2. Limited Permission to Ory

You hereby grant to Ory, during the Term, a non-exclusive, non-sublicensable, non-transferable, limited permission and license to modify, reproduce, and use Your Data, solely for purposes of Ory’s performance of its obligations under this Agreement and as otherwise contemplated herein.

3.3. Ownership of Your Data

As between the Parties, You are the sole owner of Your Data.

3.4. Retention of Your Data

You are responsible for retaining copies of Your Data and, unless otherwise provided in Your Subscription Plan, Ory has no obligation to backup Your Data.

3.5. Security

Ory shall safeguard the security of Your Data resident on the Ory Network, and shall employ for this purpose information security controls consistent with accepted practice in the industry and applicable law.

4. No Implied Rights

No rights shall be implied under this Agreement, based on any course of conduct, or on any construction or interpretation thereof. All rights and licenses not expressly granted in these Terms are reserved.

5. Restrictions

You are responsible for managing access to and use of your account, and will be liable for any misuse of your account. You shall not, and shall not permit others to, modify, reuse, disassemble, decompile, or reverse engineer any Products or Materials other than those made available under an open source software license.

6. Your Systems

You shall comply with Ory’s system requirements or, if no specific requirements are specified, with system requirements that an engineer of reasonable skill would infer from the Product architecture, and You are responsible for obtaining the IT infrastructure and resources needed to access and use the Products in accordance with such requirements (the “Your System”).

7. Support

If included in Your Subscription Plan, Ory will provide support services as outlined in Exhibit A “Enterprise Support and Maintenance Terms”. If Enterprise Support is not included in your Subscription Plan, Ory will provide reasonable support during Business Hours to You via the Ory Network (the “Support Services”) in accordance with this Section. If You could reasonably have resolved Your support request by reference to available Documentation, Ory shall be entitled to fulfill the support request by simply referring You to the Documentation or, upon prior notice to You, charging You for such support request.

7.1. Reporting; Acknowledgement

You shall report Errors in the manner specified on the Ory Network. Ory shall use a "trouble ticket" solution to track reported Errors and other requests for support and maintenance (each a “Service Request”). Ory shall use commercially reasonable efforts to acknowledge and resolve Service Requests in a timely manner, commensurate with the severity of the reported Error.

7.2. Limitations

Ory shall not be obligated to provide support and maintenance for Errors (i) that are attributable to third party products, or the installation, administration, and use of enabling technologies such as databases, computer networks, and communications systems that are not provided or approved by Ory, or (ii) that cannot be reproduced by Ory after commercially reasonable efforts to do so.

8. Availability

Ory shall make the Ory Network available to You in accordance with its published SLA for the Product, the current version of which is available at https://www.ory.sh/service-level-agreement/. The status of Ory Network including any upcoming maintenance is displayed at https://status.ory.sh.

9. Acceptable Use Policy

You shall not: (i) use the Ory Network for purposes that are unlawful, offensive, infringe the privacy of others, or are otherwise prohibited by this Agreement; (ii) Use the Ory Network in a manner designed to disable, overburden, or impair the Ory Network or interfere with another party’s use and enjoyment of the Ory Network (or its components); (iii) seek to obtain access to any portion of the Ory Network or related materials, accounts, or information through hacking, data harvesting, data mining, or through other means Ory has not intentionally made available to Youthrough the Ory Network; or (iv) infringe Ory’s or any third-party’s Intellectual Property rights, or other proprietary rights or rights of publicity or privacy.

10. Payment Terms; Past Due Amounts

Ory will issue invoices in advance as set out in Your Subscription Plan. If payment is not made within thirty (30) days of Your receipt of the applicable invoice, You will be in default of payment. Ory may charge interest on all past due amounts at the lesser of (i) 1.0% per month, or (ii) the greatest amount allowed by law in the applicable jurisdiction.

11. Taxes

All payments required by this Agreement are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, value added taxes, sales taxes, use taxes, and withholding taxes), and You agree to bear and be responsible for the payment of all such taxes and charges, excluding taxes imposed on or measured by Ory’s net income. To the extent that value added taxes, sales taxes, use taxes, and comparable taxes can be recovered by You as input taxes under applicable law, Ory shall provide You with a respective invoice or other required documentation as set out in the applicable legislation. The Parties furthermore agree to comply with any formal requirements for purposes of obtaining the benefit of any double taxation convention or treaty that may exist from time to time between the Parties’ jurisdictions. To the extent that withholding tax is required by law, You shall pay to Ory the Fees due under this Agreement minus any withholding tax, and shall timely provide Ory with certificates or other evidence of such withholding.

12. Confidentiality

Confidential Information under this Agreement shall consist of all non-public information disclosed by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”), whether oral or in writing (including electronic transmission): (i) that is designated as “Confidential” or “Proprietary” by the Disclosing Party at the time of disclosure or within a reasonable period thereafter, or that by the nature of the circumstances surrounding disclosure, or the information itself, should in good faith be treated as confidential; and (ii) that concerns the technology, customers, finances, methods, research, processes, or procedures of the Disclosing Party (collectively, “Confidential Information”).

12.1. Non-Disclosure; Standard

The Receiving Party shall retain the Disclosing Party’s Confidential Information in confidence and shall not use such Confidential Information except for purposes permitted under this Agreement. The Disclosing Party shall be entitled to disclose Confidential Information on a need-to-know basis to its employees, agents, contractors, advisors and potential acquirers of the Disclosing Party provided that the same are bound by non-disclosure and confidentiality obligations no less protective than those set out in this Agreement. The Receiving Party shall use at least the same degree of care in safeguarding the Disclosing Party’s Confidential Information as it uses in safeguarding its own confidential information, but shall not use less than reasonable care and diligence.

12.2. Exceptions

The Receiving Party’s obligations with respect to the Disclosing Party’s Confidential Information shall not apply to Confidential Information that the Receiving Party can demonstrate: (i) is or becomes a matter of public knowledge through no fault of the Receiving Party; (ii) was or becomes available to the Receiving Party on a non-confidential basis from a third party, provided that such third party is not bound by an obligation of confidentiality to the Disclosing Party with respect to such Confidential Information; or (iii) was independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information.

12.3. Compelled Disclosure

Nothing herein shall prevent a Receiving Party from disclosing Confidential Information as necessary pursuant to a court order or other lawful requirement of a governmental agency, or when disclosure is required by operation of law (including disclosures pursuant to applicable securities laws and regulations); provided, however, that prior to any such disclosure, the Receiving Party shall use reasonable efforts to (a) notify the Disclosing Party in writing of such requirement to disclose and (b) reasonably cooperate with the Disclosing Party, at the Disclosing Party’s expense, in protecting against or minimizing such disclosure, or in obtaining a protective order.

13. Feedback

The term “Feedback” means suggestions, ideas, feature requests, and recommendations made by You relating to the Products or other elements of Ory’s business. If You choose to provide Feedback to Ory, then You hereby transfers to Ory Your rights in Feedback (including associated Intellectual Property Rights).

14. Privacy and Data Processing Agreement

Your use of the Products may result in Ory's processing, on behalf of You, Personal Data included in Your Data (“Your Personal Data”). These processing activities will be subject to the Data Processing Agreement available here: (https://ory.sh/dpa) incorporated into these Terms for all purposes by reference. In case of a conflict between the Data Processing Agreement and other provisions of these Terms, the Data Processing Agreement shall control.

15. Professional Services

The following shall apply to professional services under an agreed-upon Statement of Work or Subscription Plan (“Professional Services”):

15.1. Delivery and Evaluation

Upon its receipt of Work Product under an applicable SOW, the You shall have an opportunity to evaluate the Work Product, and Ory shall reasonably assist You Customer in this evaluation. The evaluation period shall commence upon delivery of the Work Product at issue, and continue for the period specified in the SOW (the “Evaluation Period”). If the SOW does not specify an Evaluation Period, then the Evaluation Period shall be ten (10) business days.

15.2. Acceptance Criteria; Corrections

If the Work Product meets the criteria specified in the SOW (the “Acceptance Criteria”), You Customer shall accept the Work Product and notify Ory of its acceptance. If the Work Product does not substantially meet Acceptance Criteria, You shall notify Ory before expiration of the Evaluation Period, and identify the non- conformities. If Your assessment of the Work Product is accurate, then (i) Ory shall take the steps to remedy the agreed-upon nonconformities in the manner specified in this applicable SOW or (ii) if no such steps are specified in this SOW, Ory and You Customer shall develop a commercially reasonable solution to address the agreed-upon nonconformities. Unless otherwise provided in the applicable SOW, Ory shall remedy such nonconformities at its own cost and, if Ory is unable to remedy such nonconformities after commercially reasonable efforts, Ory shall refund payments You have made for such non-conforming elements of the Work Product.

15.3. Deemed Acceptance

If You have neither accepted nor rejected the Work Product during the Evaluation Period, the Work Product shall be deemed accepted.

15.4. Contributions

You transfer and assigns to Ory contributions or other information (if any) it may provide in connection with Ory’s Professional Services (together with associated Intellectual Property Rights, if any), and Ory hereby grants-back to You a non-exclusive, irrevocable, royalty-free, fully paid-up, sublicensable, transferable license to use and exploit such contributions for all purposes other than those that relate to the Network Components.

16. Representations and Warranties

Unless provided otherwise in applicable Product-Specific Terms, the Parties represent and warrant as follows:

16.1. Your Representations and Warranties

Your represents and warrants to Ory: (i) that it has secured all rights in Your Data necessary to permit Ory’s access, use, and processing of Your Data as contemplated in this Agreement; (ii) that it will not upload or release viruses or malicious code to the Ory Network or via the Products; and (iii) that it will comply with applicable law.

16.2. Ory Representations and Warranties

Ory represents and warrants to You: (i) that services included in the Products will be performed in accordance with accepted identity management industry practice and by qualified individuals; (ii) that the Ory Network and the Products will substantially conform to accepted industry practice; (iii) that software components of the Products will be scanned using commercially available virus scanning and removal software in accordance with accepted industry practice; and (iv) that it will comply with applicable law.

16.3. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET OUT IN SECTION 16.2 (“ORY REPRESENTATIONS AND WARRANTIES”), AND TO THE EXTENT PERMITTED BY APPLICABLE LAW THE PRODUCTS, MATERIAL, AND ALL ORY PERFORMANCE OBLIGATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ORY HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

17. Indemnification

Either Party shall defend, indemnify, and hold the other Party and its affiliates and their respective officers, directors, employees, and agents harmless from and against any third party claim, action, suit, or proceeding resulting from Your use of the Products or Material in a manner not authorized by this Agreement. Ory shall notify You of any such claim and provide reasonable cooperation and assistance in connection with the claim, at Your expense. You will not enter into a settlement that adversely affects Ory’s rights or interest without Ory’s prior approval, not to be unreasonably withheld.

18. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS; LOSS OF DATA; OR LOSS OR INTERRUPTION OF USE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR EITHER PARTY’S (i) WILLFUL MISCONDUCT, (ii) GROSS NEGLIGENCE, (iii) BREACH OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, (iv) BREACH OF CONFIDENTIALITY OBLIGATIONS OR (iv) BREACH OF PRIVACY LAW, NEITHER PARTY’S LIABILITY FOR DAMAGES WILL EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO 12 MONTHS AGGREGATED MONTHLY FEES.

19. Monitoring Use

You agree that Ory has the right and discretion to monitor any activity and content associated with the Products and Material. Ory may investigate any reported violation of this Agreement or complaints relating to the Products or Material and may take any action that Ory believes is appropriate including, but not limited to, removing Materials from the Products or Material and/or terminating or suspending Your access to the Products or Material.

20. Term

The Agreement shall commence as of the Effective Date and, unless earlier terminated in accordance with Section 21 (“Termination”), shall continue for the duration of the Initial Term specified in the Your Subscription Form. Unless a Party provides a notice of non-renewal not less than six (6) months before expiration of the Initial Term (or the then-current Renewal Term), this Agreement shall automatically renew for the Renewal Term or Renewal Terms specified in Your Subscription Plan. The Initial Term and any Renewal Terms are referred to collectively as the “Term.”

21. Termination

If either Party is in material breach of any obligation under this Agreement, then the non-breaching Party may terminate this Agreement for cause upon written notice after (i) first providing the other Party with written notice of the breach (a “Notice of Breach”), and (ii) providing thereafter a thirty (30) day opportunity to cure beginning on the date of receipt by the alleged breaching Party of the Notice of Breach; provided, however, that Ory shall be entitled to suspend or terminate Your account immediately and without notice if Ory determines, in its sole judgment, that You are in breach of Section 9 (“Acceptable Use Policy”). The expiration or termination of this Agreement shall not affect any obligation that accrued prior to such expiration or termination.

21.1. Effect of Termination or Expiration

Immediately upon termination or expiration of this Agreement: (i) Ory shall cease providing the Products; (ii) all of Your licenses under this Agreement shall end; and (iii) each Party shall return or permanently destroy all tangible Confidential Information of the other Party and certify the same in writing upon request from Ory (provided Ory may retain a copy of Your Confidential Information to the extent required for legal compliance and copies to the extent the same resides on backup servers).

21.2. Early Termination

If You terminate your Subscription Plan before expiration of the Term, You will compensate Ory for work performed and work in progress, and for costs incurred in connection with such work Ory shall use commercially reasonable efforts to mitigate such costs.

21.3. Survival

The following Sections of this Schedule shall survive any termination or expiration of this Agreement: (i) Section 2.2 (“Ownership of Products and Material”); (ii) Section 3.3 (“Ownership of Your Data”); (iii) Section 12 (“Confidentiality”); (iii) Section 13 (“Feedback”); (v) Section 17 (“Indemnification”) (vi) Section 18 (“Limitation of Liability”); (vii) and Section 27 (“Statistical Data”).

22. Notices

All notices under these Terms shall be in writing and in English. Notices to You shall be delivered to the address You provided when You selected your Subscription Plan. Notices to Ory shall be delivered electronically to [email protected] or the following address: Ory Corp, 15169 N. Scottsdale Rd, Suite 205, Scottsdale, AZ 85254, USA. Notices will be deemed to have been duly given (i) when received, if personally delivered; (ii) when receipt is electronically confirmed, if transmitted by facsimile or electronic mail; (iii) the day after being sent, if sent for next day delivery by recognized overnight delivery service; or (iv) upon receipt, if sent by certified or registered mail, return receipt requested.

23. Amendment or Assignment

No amendment to or assignment of this Agreement will be effective unless consented to in writing by both Parties.

24. No Waiver

No failure or delay in exercising any right under this Agreement will be operative as a waiver of such right, or preclude any further exercise.

25. Counterparts

This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one Agreement. This Agreement may be signed via Electronic Signature (as this term is defined immediately below), and each Party (i) agrees that it will be bound by its own Electronic Signature, (ii) accepts the Electronic Signature of each other party to this Agreement, and (iii) agrees that such Electronic Signatures shall be the legal equivalent of manual signatures. The term “Electronic Signature” means (a) the signing Party’s manual signature on a signature page, converted by the signing Party to facsimile or digital form (such as a .pdf file) and received from the signing Party’s customary email address, customary facsimile number, or other mutually agreed-upon authenticated source; (b) the signing Party’s digital signature executed using a mutually agreed-upon digital signature service provider and digital signature process; or (c) a qualified electronic signature as defined in Article 3(12) of Regulation (EU) No 910/2014 (eI-DAS Regulation).

26. Statistical Data

Ory shall be entitled to collect, compile, analyze, and otherwise use and exploit (i) statistical data related to the use of the Ory Network, Products, and Materials; (ii) metadata that Ory collects in connection with Your use of the Ory Network, including usage data collected for the purpose of billing, maintaining the security of the Ory Network, or optimizing the Ory Network.

27. Subcontracting

Ory shall be entitled to use subcontractors in the performance of Ory’s obligations under this Agreement; provided, however, that if Ory engages subcontractors, then Ory shall remain liable for all obligations under this Agreement as though no such subcontracting had occurred.

28. Governing Law; Jurisdiction

This Agreement, and all claims, disputes, or controversies arising out of this Agreement, shall be governed in all respects by the laws of New York, USA, without giving effect to its conflicts of law provisions. The exclusive venue and jurisdiction for any action or proceeding arising out of this Agreement shall be the state and federal courts located in New York City, New York, USA. The Parties accept the personal jurisdiction of such courts. Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.

29. Order of Precedence

If there is a conflict between these Terms and Conditions and any other Exhibit or an SOW, the following order of precedence shall apply: the specific Schedule or SOW shall govern over these Terms and Conditions; provided, however, that the SOW or other Schedule will not modify a legal provision unless the SOW identifies the legal provision that is to be modified, by its section number and heading.

30. Definitions.

• 30.1. “Business Hours” means Monday through Friday from 8:00 AM to 5:00 PM CE(S)T, with the exception of holidays recognized in such time zone.
• 30.2 “Network Components” has the meaning set out in Section 1.1 (“Ory Open Source Software and the Ory Network”).
• 30.3 “Confidential Information” is defined in Section 12 (Confidentiality).
• 30.4 “Core Applications” means Ory Open Source Kratos, Ory Open Source Hydra, Ory Open Source Keto, and Ory Open Source Oathkeeper. If You select, on Your Subscription Plan, fewer than all of the Core Applications, then the Parties’ rights and obligations shall apply only to the Core Applications that You have selected.
• 30.5 “De-Identified Data” means information from which Personal Data has been deleted, masked, or suppressed, and information that has been anonymized, all in manner such that the information (i) does not identify a particular natural person; (ii) does not identify, by network Internet Protocol address or other identifier a particular device or computer associated with or used by a person; and (iii) is not reasonably linkable to a particular natural person due to technical, legal, or other controls.
• 30.6 “Documentation” means instructions, user manuals, guidance, FAQs, and other information concerning the Core Applications and the Products, which Ory in its discretion may make available to customers.
• 30.7 “Customer” means the person or entity identified on Your Subscription Plan as the “Customer.”
• 30.8 “Effective Date” means the date that You agree to be legally bound to these Terms pursuant to Section 1 (Your Agreement).
• 30.9 “Error” means the failure of a Product in a form unmodified by You to materially conform to Documentation or to materially conform with accepted industry practice, if no Documentation applies to such Product.
• 30.10 “Error Correction” means modification or addition to the Product that, when made or added to the Product, either: (i) removes the Error; (ii) otherwise establishes material conformity of the Product with the related Documentation; or (iii) constitutes a procedure or routine that, when observed in the normal course of operation of the Product, eliminates the adverse effect of the Error without material loss of performance.
• 30.11 “Fees” means the fees and charges specified on Your Subscription Plan. Certain Schedules may provide Product-specific fees and charges, and such Product-specific fees and charges are included in the meaning of the term “Fees.”
• 30.12 “Intellectual Property” or “Intellectual Property Rights” means rights under patent law, copyright law, trademark law, design law, data and database protection law, trade secret law, and law applicable to confidential information, and any and all similar proprietary rights including goodwill.. “Intellectual Property Rights” means those rights as they exist as of the Effective Date, and all such rights subsequently acquired during the Term.
• 30.13 “Material” means Documentation, analyses, software code, test scripts, Confidential Information, and other data and information that Ory provides to You in the course of Ory’s performance under this Agreement, as such may be modified over the Term.
• 30.14 “Subscription Plan” means the Subscription Plan selected by You on our website or as outlined in the document titled “Subscription Plan” which details the Products, Term, Fees, and other associated business terms.
• 30.15 “Ory Network” means the Software-as-a-Service platform that Ory has designed to provide identity and access management, and consists of the Core Applications, the Network Components, and associated infrastructure. The term “Ory Network” includes updates and upgrades to the Ory Network, including updates and upgrades to the Core Applications and/or Network Components.
• 30.16 “Ory Permissions” means the total number of permission checks per month to the Ory Permissions service.
• 30.17 Ory Network Tenants means the total number of Ory Network Projects You will be able to create as part of this contract.
• 30.18 Ory Network Domain Connections means the total number of custom domains available for You (e.g. auth.build.de)
• 30.19 Ory Network SSO Connections means the total number of B2B SSO connections. A B2B SSO connection matches the user's domain (e.g. "[email protected]") and asks the user to log in via the Adidas IDP (for example Google Workspace).
• 30.20 Ory M2M Tokens means the total number of access tokens customers will be able to issue using Ory OAuth2 service (refresh tokens are not part of the flow for M2M tokens) on a monthly basis.
• 30.21 Ory Platform means the Core Applications as provisioned and offered by Ory via a Software-as-a-Service business model. The term “Ory Platform” includes each component of the Ory Platform, as well as updates and upgrades to the Ory Platform, including updates and upgrades to the Core Applications and/or SaaS Components.
• 30.22 “Product” means the products and services specified on Your Subscription Plan, as such may be modified over the Term.
• 30.23 “Service Request” is defined in Exhibit A, Section 2 (“Reporting; Acknowledgement”).
• 30.24 “Statistical Data” is defined in Section 27 (Statistical Data).
• 30.25 “Subscription Plan” means the plans related to Your access to the Ory Network, as such plans are described on the Website.
• 30.26 “Term” is defined in Section 20 (“Term”).
• 30.27 “Website” means the Ory website located at www.ory.sh.
• 30.28 “Your Data” means data, information, and content that You (i) uploads to, or makes available to Ory by means of, the Ory Network, or (ii) otherwise provides to Ory.
• 30.29 “Your Personal Data” has the meaning set out in Section 14 (“Privacy and Data Processing Agreement”).
• 30.30 “Your System” is defined in Section 6 (Your Systems).
• 30.31 “Personal Data” means information (i) that relates an identified or identifiable natural person, (ii) that may be linked or linkable to such natural person or their household; or (iii) that is defined as personal information or personal data (or the equivalent) under applicable law.
• 30.32 “SaaS Components” means additional software provided by Ory for purposes of offering the Core Applications in a Software-as-a-Service subscription model, and for other associated purposes.
• 30.33 “Schedule” means a schedule attached to the signed Subscription Plan, together with SOWs attached to such schedule, as applicable.
• 30.34 “Statement of Work” or “SOW” means a statement of work or other attachment to a Schedule.
• 30.35 Ticketing System means the Zendesk customer support portal available directly from Ory Console.
• 30.36 “Work Product” means Materials that Ory prepares for You under an SOW.

31. Exhibits

The following exhibit(s) are incorporated herein by reference:

Exhibit A - Enterprise Support and Maintenance Terms

This Exhibit A - Enterprise Support and Maintenance Terms ("Schedule") is incorporated into the Parties' Agreement for all purposes, if included in Your Subscription Plan.

1. Helpdesk Support. Ory will provide reasonable helpdesk support to You via email, dedicated slack channel, and 24/7 ticketing system (Zendesk).

2. Reporting; Acknowledgement. You shall report Errors in the manner specified on the Ory Platform. Ory shall use a "trouble ticket" solution to track reported Errors and other requests for support and maintenance (each a “Service Request”). Upon receipt of Service Request, Ory (i) shall assign the appropriate priority to the Error, consistent with the table set out in Section 6 (Target Acknowledgement Time Matrix) (the “Target Acknowledgement Time Matrix”), below; provided that, in all cases, such determinations shall be consistent with good industry practice; and (ii) shall use commercially reasonable efforts to acknowledge the Service Request within the parameters set by the Target Acknowledgement Time Matrix.

3. Your Assistance. You shall provide information and assistance reasonably requested by Ory, and shall timely assist Ory, for example, in reproducing the Error at issue.

4. Resolution of Support Requests. Ory shall use commercially reasonable efforts to correct material Issue that You report in connection with Support Requests and make such Issue Corrections in a timely manner, commensurate with the severity of the Issue.

5. Limitations. Ory shall not be obligated to provide support and maintenance for Issues (i) that are attributable to third party products, or the installation, administration, and use of enabling technologies such as databases, computer networks, and communications systems that are not provided or approved by Ory, or (ii) that cannot be reproduced by Ory after commercially reasonable efforts to do so.

6. Target Acknowledge Time Matrix

Support Tiers
Severity Level	Enterprise Support		Premium Enterprise Support
	Support Channels	Response Time	Support Channels	Response Time
Severity 1	Ticketing System	60 minutes	Ticketing System	30 minutes
Severity 2	Ticketing System	120 minutes	Ticketing System	60 minutes
Severity 3	Ticketing System Slack Channel	2 business days	Ticketing System Slack Channel	1 business day
Severity 4	Ticketing System Slack Channel	4 business days	Ticketing System Slack Channel	2 business day

7. Issue Severity:

Severity Level	Description
Severity 1	A critical incident that either poses a security risk or has a widespread impact on business operations. This may include major service outages or breaches that affect a large number of users or critical data.
Severity 2	A major incident where a crucial feature or functionality is impaired. This doesn't halt operations but may hinder productivity or cause significant inconvenience.
Severity 3	Queries or issues related to specific features or functions but not affecting the overall service performance. Typically, the business operations remain unaffected.
Severity 4	Issues that have minimal impact on users, such as cosmetic glitches or requests for new features. They don't impose immediate threats or major inconveniences.