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Technical Support Services
Terms of Service

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Technical Support Services

Effective Date: June 14, 2024
The following Technical Support is subject to and incorporated by reference into the Terms of Service for the Cogility Services and Materials. All capitalized terms used in this Technical Support section without definition will have the meaning given to them in the Terms of Service.

  1. Availability of Cogility Services.
    Cogility will use commercially reasonable efforts to make Cogility Services and Materials Available 99.0% of the time measured monthly, excluding Availability Exclusions.For these purposes:“Available” means that the Cogility Services and Materials are accessible by Customer to perform their intended functions in material compliance with any applicable performance descriptions and other documentation published by Cogility.“Availability Exclusions” means that the Cogility Services and Materials are not Available due to any of the following:

    1. Failure or delay of Customer’s Internet connection;
    2. Misconfiguration by Customer or any third party acting on Customer’s behalf;
    3. Diagnostics or support of Customer or any user or other third party’s information technology infrastructure (including computers, software, databases, electronic systems, database management systems, and networks);
    4. Unavailability resulting from Cogility’s scheduled or unscheduled maintenance or Update;
    5. Errors, anomalies, and other operating conditions that are not reproducible by Cogility;
    6. Use of the Cogility Services and Materials not in compliance with the Agreement or applicable documentation;
    7. Any event of force majeure as described in the Terms of Service.
  2. Target Response Times.
    Cogility will use commercially reasonable efforts to respond to problems based on the severity level of each incident, as set forth below:
    Severity levelTarget initial response time
    1 - Critical impact Customer is experiencing a severe problem resulting in an inability to perform a critical function within the Cogility Services. There is no workaround.
     
    Response target: 2 business days from Customer Technical Support Case Notification
    Enterprise Edition Response Target: 24 hours from Customer Technical Support Case Notification
    2 - High impactCustomer is able to perform functions within Cogility Services but performance is degraded or limited.
     
    Response target: 3 business days from Customer Technical Support Case Notification
    Enterprise Edition Response Target: 48 hours from Customer Technical Support Case Notification
    3 - Medium impactCustomer’s ability to perform functions within Cogility Services is largely unaffected, but noncritical functions or procedures are unusable or hard to use. A workaround is available.
     
    Response Target: 4 business days from Customer Technical Support Case Notification
    Enterprise Edition Response Target: 2 business days from Customer Technical Support Case Notification
    4 - Low impactThe Cogility Services and Materials are Available; trivial impact to Customer’s business operations or Customer requires information or assistance on capabilities or configuration.
     
    Response Target: 5 business days from Customer Technical Support Case Notification
    Enterprise Edition Response Target: 3 business days from Customer Technical Support Case Notification

    Cogility will use reasonable commercial efforts to notify Customers of planned maintenance and Updates resulting in an outage of over 15 minutes in 5 business days in advance of each occurrence. Cogility will use reasonable commercial efforts to notify Customers of unplanned maintenance and Updates within 1 business day following each occurrence.

    If Cogility is made aware of and can substantiate a high severity security issue within our services that may pose a threat to Customers with their use of Cogility Service, Cogility will use reasonable commercial efforts to notify Customers within 2 business days. If Cogility is made aware of and can substantiate a low severity security issue within our services that may pose a threat to Customers with their use of Cogility Service, Cogility will use reasonable commercial efforts to notify Customers within 4 business days.

    Cogility Technical Support response to its customers, depending on the conditions described above, may be conducted through email, telephone, support portal, or within the TacitRed product.

  3. Procedures.
    Customer must designate a primary contact, and at least one backup in the primary’s absence, to act as a primary liaison between Customer and the Cogility customer care team. The Customer’s designated contacts must be knowledgeable about the Cogility Services and Materials and will participate in troubleshooting support cases.

    When a Customer becomes aware of an issue, prior to opening a support case with Cogility, the Customer’s designated contact must perform reasonable basic troubleshooting and use reasonable efforts to be able to describe the error and perform other functions within the Customer’s areas of responsibility, as described on Cogility’s support portal.

    Cases for all severity levels, except Critical Impact cases, may be raised by Customer through the support portal. Issues designated by Customer as Critical Impact must be also raised by telephone through the applicable Cogility customer care number found on the support portal. If a case has been submitted through the support portal and the business impact has increased to Critical Impact severity, Customer must request critical support through Cogility’s support portal. Submission of cases on the support portal will include the Customer name, Customer organization ID, and a description of the error or anomaly and its operational impact. The Customer’s designated contact will include any other information known by them that is reasonably helpful for Cogility to analyze the issue (example: screenshots, environmental changes, previous troubleshooting efforts, etc.).

    Cogility’s customer care team prioritizes issues based on the severity level and Product Edition licensed by the customer. When a case is opened by Customer, Customer will identify a Priority based on the descriptions in the table above. Customer’s Priority designation will be used as a factor by Cogility when defining the Severity of an issue. The assigned Severity level for an issue will be solely determined by Cogility during the issue analysis process. Both parties agree to act reasonably in making in such determination. Response time is measured from the time Customer properly opens a case.

  4. Cooperation.
    Customer acknowledges that Cogility’s customer care team may need to be able to reproduce errors in order to resolve them. Customer will cooperate and work closely with Cogility to reproduce errors, including conducting diagnostic or troubleshooting activities as requested and appropriate. Also, subject to Customer’s approval on a support case-by-support case basis, Users may be asked to provide remote access to their Cogility application and/or desktop system for troubleshooting purposes.