Effective Date: October 25, 2019
This IEX Cloud Services Agreement (the "Agreement") is a legal agreement made and entered into by and between IEX Cloud Services LLC, a Delaware limited liability company, with its principal offices at 3 World Trade Center, 58th Floor, New York, NY 10007 ("IEX Cloud") and the entity or person agreeing to these terms ("Customer").
This Agreement is effective as of the date Customer clicks to accept the Agreement (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept.
This Agreement governs Customer’s access to and use of the Services.
1.1. Services Use. Subject to this Agreement, during the Term, Customer may: (a) use the Services as described herein and in the Acceptable Use Policy, (b) integrate the Services into any Application that has material value independent of the Services, and (c) use any product provided by IEX Cloud as part of the Services. Customer may not transfer these rights except as permitted under the Assignment section of the Agreement.
1.2. Admin Console. IEX Cloud will provide the Services to Customer. As part of receiving the Services, Customer will have access to the Admin Console, through which Customer may administer the Services.
1.3. Facilities. All facilities used to store and process an Application and Customer Data will adhere to reasonable security standards.
1.4. Accounts. Customer must have an Account and a Token (if applicable) to use the Services, and is responsible for the information it provides to create the Account, including its password; the security of the Token; and any use of its Account and the Token. If Customer becomes aware of any unauthorized use of its password, Account or Token, Customer will notify IEX Cloud as promptly as possible. IEX Cloud has no obligation to provide Customer with multiple Tokens or Accounts. IEX Cloud has no obligation to issue credits or refunds to Customer for unauthorized use of Customer’s Account or Token.
1.5. Subscription Tiers. Customer will select a Subscription Tier to enroll in at the time of sign up. Each Subscription Tier has access to certain free Services, as well as a monthly message allocation for Core Data. Customers subscribed to paid Subscription Tiers may access: Core Data beyond their monthly message allocation on a pay-as-you-go basis; Premium Data, which is only available on a pay-as-you-go-basis; and add-on products. Customers subscribed to the free ("Start") Subscription Tier are subject to certain restrictions as set forth in section 3.3(d) below and in the Documentation, and do not have access to pay-as-you-go usage of Core Data, Premium Data, or add-on products.
1.6. New Applications and Services. IEX Cloud may: (i) make new applications, tools, features, or functionality available from time to time through the Services; and (ii) add new services to the "Services" definition from time to time (by adding them at https://iexcloud.io/products/).
2.1. Free Services. Certain Services, including certain Investors Exchange data, are provided to Customer without charge as set forth in the Documentation at https://iexcloud.io/docs/api/.
2.2. Fees and Invoicing. Customers may subscribe to monthly or annual subscriptions as set forth on the Pricing page. Customers will be responsible for paying all:
If required under applicable law, Customers may be asked to provide authentication for online payments; failure to provide such authentication may result in delinquent payments. All invoices are due upon issuance.
If Customer signs up for or upgrades its account, electing to pay for an annual Subscription Fee, Customer will immediately be invoiced for the full annual Subscription Fee Period, beginning on Customer’s sign-up date. Customer will be invoiced for future Subscription Fee Periods on the same date as its initial sign-up for subsequent years, until Customer cancels its annual subscription or switches to a monthly subscription.
For certain add-on products, when Customer first signs up for the product, Customer will be invoiced immediately for the full cost of the product for that month (i.e., not a prorated cost). The initial pricing of add-on products will be provided during the sign-up process for each product. Subsequently, Customer will be invoiced for the add-on product on the 1st of each calendar month. If Customer chooses to cancel or downgrade an add-on product, the cancellation or downgrade will go into effect on the 1st of the following calendar month.
If Customer chooses to downgrade from a paid Subscription to the free "Start" Subscription, or if Customer’s paid Subscription expires, is terminated, or otherwise ends, Customer will lose access to all add-on products and any data that may have been stored therein when the paid Subscription ends.
2.3. Subscription Upgrades, Downgrades, and Cancellations. Customers may upgrade, downgrade, or cancel Subscriptions in the Admin Console.
|Upgrade Scenario||Invoiced Immediately||Invoiced on 1st of Next Calendar Month|
|Upgrade Subscription Tier and remain on monthly billing cycle||
|Upgrade Subscription Tier and remain on annual billing cycle||
|Upgrade Subscription Tier and change billing cycle from monthly to annual||
|Upgrade Subscription Tier and change billing cycle from annual to monthly||
2.5. Invoice Disputes & Refunds. Any invoice disputes must be submitted within 30 days after an invoice is issued. If the parties determine that certain billing inaccuracies are attributable to IEX Cloud, IEX Cloud will not issue a corrected invoice, but will instead issue a credit notice specifying the incorrect amount in the affected invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within 30 days after being charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of IEX Cloud and will only be in the form of credit for the Services. Nothing in this Agreement obligates IEX Cloud to extend credit to any party.
2.6. Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by IEX Cloud in collecting such delinquent amounts. If Customer is late on payment for the Services, IEX Cloud may Suspend the Services or terminate the Agreement.
2.7. No Purchase Order Number Required. For clarity, Customer is obligated to pay all applicable Fees without any requirement for IEX Cloud to provide a purchase order number on IEX Cloud’s invoice (or otherwise).
3.1 Compliance. Customer is solely responsible for its Applications and Customer Data and for making sure its Applications and Customer Data comply with the Acceptable Use Policy ("AUP") at https://iexcloud.io/terms/#aup. IEX Cloud reserves the right to review the Application and Customer Data for compliance with the AUP. Customer is responsible for ensuring all Customer End Users comply with Customer’s obligations under the AUP and the restrictions in Sections 3.3 and 3.5 below.
3.4. Third-Party Components. Third-party components of the Services (which may include open source software) may be subject to separate license agreements. To the limited extent a third-party license expressly supersedes this Agreement, Customer’s use of that third-party component is subject to that third-party license.
3.5. Documentation. IEX Cloud may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g., attribution or HTML restrictions) on how the Applications may be built or the Services may be used, and Customer will comply with any such restrictions specified as if they were part of this Agreement.
3.6. Attribution. If Customer distributes IEX Cloud Data, Customer must state that the data was provided by IEX Cloud and provide a hyperlink to https://iexcloud.io.
3.7. Customer’s Agreements with Customer End Users. If Customer distributes IEX Cloud Data, Customer must include in its agreements with Customer End Users provisions that provide substantially equivalent protections to IEX Cloud and its third-party data providers as those included in Sections 5.1, 12, and 14.1 of this Agreement.
4.1. AUP Violations. If IEX Cloud becomes aware that Customer’s or any Customer End User’s use of the Services violates the AUP, IEX Cloud will give Customer notice of the violation by requesting that Customer correct the violation and IEX Cloud may Suspend all or part of Customer’s use of the Services until the violation is corrected.
4.2. Other Suspension. Notwithstanding Section 4.1 (AUP Violations), IEX Cloud may immediately Suspend all or part of Customer’s use of the Services if: (a) IEX Cloud believes Customer’s or any Customer End User’s use of the Services could adversely impact the Services, other Customers’ or other Customer’s End Users’ use of the Services, or the IEX Cloud network or servers used to provide the Services; (b) there is suspected unauthorized third-party access to the Services; (c) IEX Cloud believes it is required to Suspend the Services immediately to comply with applicable law; or (d) Customer is in breach of Section 3.3 (Limitations) or the AUP. IEX Cloud will lift any such Suspension when the circumstances giving rise to the Suspension have been resolved. At Customer’s request, unless prohibited by applicable law, IEX Cloud will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.1. Intellectual Property Rights. Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and the Application (if applicable), and IEX Cloud owns all Intellectual Property Rights in the Services. As to the Intellectual Property Rights in IEX Cloud Data, Customer acknowledges that IEX Cloud Data and its component parts were developed, compiled, prepared, revised, selected, and arranged by IEX Cloud or its third-party data providers, or any of its respective affiliates, through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, money and originality and that they constitute valuable intellectual property and trade secrets of IEX Cloud, its third-party data providers, or any of its respective affiliates.
5.3. Customer Feedback. If Customer provides IEX Cloud Feedback about the Services, then IEX Cloud may use that information without obligation to Customer, and Customer hereby irrevocably assigns to IEX Cloud all right, title, and interest in that Feedback.
5.4. Benchmarking. Customer may not publicly disclose, directly or through a third party, the results of any comparative or compatibility testing, benchmarking, or evaluation (each, a "Test") of the Services, unless the disclosure includes all information necessary for IEX Cloud or a third party to replicate the Test and includes the right to use the information necessary to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results, directly or through a third party, then IEX Cloud (or an IEX Cloud-directed third party) may conduct Tests of any publicly available products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test). To the extent this Section 5.4 conflicts with any other Customer product or service terms, this Section 5.4 will govern.
6.1. By Customer. Customer is responsible for technical support of its Applications.
6.2. By IEX Cloud. IEX Cloud may provide Technical Support Services to Customers in the Scale Subscription Tier in accordance with the Technical Support Services Guidelines at https://iexcloud.io/terms/#tssg. Customers in other paid Subscription Tiers may still receive technical support from IEX Cloud, but target response and resolution times are on a "best effort" basis.
IEX Cloud will make commercially reasonable efforts to announce to Customer if it intends to discontinue or make backwards incompatible changes to any Services. IEX Cloud will use commercially reasonable efforts to continue to operate those Services or features to be deprecated, as identified at https://iexcloud.io/docs/api/#beta, without these changes for at least six months after that announcement, unless (as IEX Cloud determines in its reasonable good faith judgment):
(i) required by law or third-party relationship (including if there is a change in applicable law or relationship), or
(ii) doing so could create a security risk or substantial economic or material technical burden.
8.1. Obligations. Neither Customer nor IEX (the "recipient"), when receiving information from the other party, will disclose any Confidential Information, except to Affiliates, employees, or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.
8.2. Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (i) promptly notify the other party of such disclosure before disclosing; and (ii) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could: (a) result in a violation of Legal Process; (b) obstruct a governmental investigation; and/or (c) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third-party requests concerning its use and Customer End Users’ use of the Services.
9.1. Agreement Term. The "Term" of this Agreement will begin on the Effective Date and continue until the Agreement is terminated as set forth in this Section 9.
9.2. Termination for Breach. Either party may terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. In addition, IEX Cloud may terminate any, all, or any portion of the Services, if Customer meets any of the conditions in Section 9.2(i), (ii), and/or (iii).
9.3. Termination for Convenience. Customer may stop using the Services at any time. Customer may terminate this Agreement for its convenience at any time via the Admin Console and upon termination, must cease use of the applicable Services at the end of Customer’s Subscription Term, and delete all IEX Cloud Data. IEX Cloud may terminate this Agreement for its convenience at any time without liability to Customer. Following termination, Customer remains liable for any Pay-as-you-go Fees accrued in the current Pay-as-you-go Fee Period and will be invoiced at time of termination.
9.4. Effect of Termination. If the Agreement is terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) all Fees owed by Customer to IEX Cloud are immediately due upon receipt of the final electronic invoice; (iii) Customer will delete the Software and any IEX Cloud Data; and (iv) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.
Customer is permitted to state publicly that it is a customer of the Services and to display IEX Cloud Brand Features in connection with its use of the Services, both consistent with the Brand Guidelines at https://iexcloud.io/brand/. IEX Cloud may include Customer’s name or Brand Features in a list of IEX Cloud customers, online or in promotional materials. IEX Cloud may also verbally reference Customer as a customer of the Services. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.
Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable. IEX Cloud warrants that it will provide the Services in accordance with the applicable SLA (if any).
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL DATA IS PROVIDED "AS IS" AND ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE OR OTHERWISE), IN RELATION TO THE DATA ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, IEX CLOUD AND ITS THIRD-PARTY DATA PROVIDERS DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MAKE NO WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY OR SPEED OF DELIVERY OF THE DATA. CUSTOMER AGREES THAT THE DATA IS NOT INVESTMENT ADVICE AND ANY OPINIONS OR ASSERTIONS CONTAINED IN THE DATA DO NOT REPRESENT THE OPINIONS OR BELIEFS OF IEX CLOUD, ITS THIRD-PARTY DATA PROVIDERS, OR ANY OF ITS RESPECTIVE AFFILIATES OR ANY OF ITS RESPECTIVE EMPLOYEES. Neither IEX Cloud nor any of its third-party data providers warrant that IEX Cloud Data will be uninterrupted, error free, or completely secure. IEX Cloud and its third-party data providers expressly disclaim any liability for any loss or injury caused in whole or in part by negligence or any other error made by human or machine concerning the production, compilation, or distribution of IEX Cloud Data. Customer expressly assumes the entire risk for the results and performance of IEX Cloud Data and Services.
13.1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IEX CLOUD NOR ITS THIRD-PARTY PROVIDERS, NOR THEIR RESPECTIVE AFFILIATES, WILL BE LIABLE FOR LOST REVENUES OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF CUSTOMER OR CUSTOMER’S END USERS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE.
13.2. Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR IEX CLOUD’S THIRD-PARTY PROVIDERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO IEX CLOUD UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
13.3. Exceptions to Limitations. These limitations of liability do not apply to violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Customer’s payment obligations.
14.1. By Customer. Unless prohibited by applicable law, Customer will defend and indemnify IEX Cloud and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from: (i) any Application, Customer Data or Customer Brand Features; or (ii) Customer’s, or Customer End Users’, use of the Services in violation of the AUP. Customer will indemnify and hold harmless IEX Cloud and its third-party data providers against all claims or demands by and liabilities to third parties, including, without limitation, reasonable attorneys’ fees, arising from or in connection with Customer’s breach of any of its representations, warranties or covenants in this Agreement and Customer’s use of the data or Services not in accordance with this Agreement.
14.2. By IEX Cloud. IEX Cloud will defend and indemnify Customer and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising solely from an Allegation that use of (a) IEX Cloud’s technology used to provide the Services or (b) any IEX Cloud Brand Feature infringes or misappropriates the third party’s patent, copyright, trade secret, or trademark.
14.3. Exclusions. This Section 14 will not apply to the extent the underlying Allegation arises from:
14.4. Conditions. Sections 14.1 and 14.2 will apply only to the extent:
14.6. Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 14 states the parties’ only rights and obligations under this Agreement for any third party’s Intellectual Property Rights Allegations and Third-Party Legal Proceedings.
The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and its agency supplements.
16.1. Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to IEX Cloud’s Legal Department is firstname.lastname@example.org. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
16.2. Assignment. Customer may not assign any part of this Agreement without the written consent of IEX Cloud, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
16.3. Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within 30 days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and 30 days after it receives that written notice.
16.4. Force Majeure. Neither party will be liable for failure or delay in performance (other than the payment of outstanding fees) to the extent caused by circumstances beyond its reasonable control, such as natural disasters or other catastrophes.
16.5. No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
16.6. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
16.7. Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
16.8. No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
16.9. Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.
16.10. U.S. Governing Law.
16.11. Amendments. Except as set forth in Section 1.7(b), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
16.12. Survival. The following Sections will survive expiration or termination of this Agreement: 5, 8, 9.4, 13, 14, and 16.
16.13. Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, IEX Cloud may provide an updated URL in place of any URL in this Agreement.
16.14. Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: this Agreement, and the terms at any other URL.
Use of the Services is subject to this Acceptable Use Policy.
Capitalized terms have the meaning stated in the IEX Cloud Services Agreement (the "Agreement") between Customer and IEX Cloud.
Customer agrees not to, and not to allow third parties, to use the Services:
During the Term of the IEX Cloud Services Agreement (the "Agreement"), the Covered Services will provide a Monthly Uptime Percentage to Customer of at least 99.95% (the "Service Level Agreement" or "SLA") for all General Availability (GA) Services. If IEX Cloud does not meet the SLA, and if Customer meets its obligations under this Service Level Agreement ("SLA"), Customer will be eligible to receive the Financial Credits described below. This SLA states Customer’s sole and exclusive remedy for any failure by IEX Cloud to meet the SLA. Capitalized terms used in this SLA, but not defined in this SLA, have the meaning set forth in the Agreement.
The following definitions apply to the SLA:
|Monthly Uptime Percentage||Percentage of invoice (one monthly invoice or 1/12th of annual invoice) that may be credited to Customer’s account|
|99.00% - < 99.95%||10%|
|95.00% - < 99.00%||25%|
Customer Must Request Financial Credit
In order to receive any of the Financial Credits described above, Customer must notify IEX Cloud technical support within 30 days from the time Customer becomes eligible to receive a Financial Credit. Customer must also provide IEX Cloud with server log files showing loss of external connectivity errors and the date and time those errors occurred. If Customer does not comply with these requirements, Customer will forfeit its right to receive a Financial Credit. If a dispute arises with respect to this SLA, IEX Cloud will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information, which IEX Cloud will make available for auditing by Customer at Customer’s request.
Maximum Financial Credit
The aggregate maximum number of Financial Credits to be issued by IEX Cloud to Customer for any and all Downtime Periods that occur in a single calendar month will not exceed 50% of the amount due by Customer for the Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to Customer’s account for future use of the Service and will be applied within 60 days after the Financial Credit was requested.
The SLA does not apply to any: (a) features designated Alpha or Beta (unless otherwise set forth in the associated Documentation), (b) features excluded from the SLA (in the associated Documentation), (c) Customers subscribed to "Start", "Launch", or "Grow" Subscription Tiers, or (d) errors: (i) caused by factors outside of IEX Cloud’s reasonable control; (ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement; or (iv) that resulted from message allocations applied by the system and/or listed in the Admin Console.
1.1 Customer Eligibility. Only Customers subscribed to the "Scale" Subscription Tier are eligible for Technical Support Services. All other Customers will be routed to the community GitHub project for technical support.
1.2 Customer Efforts to Fix Errors; Support Request Submission. Before making a Request to IEX Cloud, Customer will use reasonable efforts to fix any error, bug, malfunction, or network connectivity defect without escalation to IEX Cloud. Following such attempts, a Customer may submit a Request through the Admin Console.
1.3 Priority Designations. Customer will designate a priority on submission of Requests. IEX Cloud will review Customer’s priority designation and may change designations that IEX Cloud believes are incorrect. IEX Cloud will inform Customer of such change in its response to the support Request. IEX Cloud’s designation is final and binding on Customer.
1.4 Procedures for Acknowledgement and Resolution of Requests. When making a Request, Customer will provide all requested diagnostic information and assist IEX Cloud Support Personnel as may be required to resolve a Request.
1.5 Request Acknowledgement. IEX Cloud may respond to a Request by acknowledging receipt of the Request. Customer acknowledges and understands that IEX Cloud may be unable to provide answers to, or resolve all, Requests.
1.6 Feature Requests. If IEX Cloud deems a Request to be a Feature Request, IEX Cloud will log the Request for consideration to add to a future update or release of the Services and will consider the matter closed. IEX Cloud has no obligation to respond to or resolve any Feature Request or to include any Feature Request in any future update or release.
1.7 Building Applications. IEX Cloud has no obligation to write or build any Applications or write code to facilitate Applications.
1.8 Early Access, Alpha, and Beta. Although IEX Cloud has no obligation to provide TSS for Early Access, Alpha, or Beta versions, features, or functionality of the Services, IEX Cloud will consider Requests at these development stages on a case-by-case basis.
2.1 Designated Contacts. Customer will provide first-level support to Customer End Users; IEX Cloud will not provide support to Customer End Users.
2.2 Support Hours and Target Initial Response Times. IEX Cloud will process Requests during the Hours of Operation, unless otherwise indicated in these Guidelines. Any Requests received outside the Hours of Operation will be logged and processed during the next Business Day. Initial response times are on "best effort" basis.
3.1 Maintenance. To ensure optimal performance of the Services, IEX Cloud performs periodic Maintenance. In most cases, Maintenance will have limited or no negative impact on the availability and functionality of the Services. If IEX Cloud expects planned Maintenance to negatively affect the availability or functionality of the Services, IEX Cloud will use commercially reasonable efforts to provide at least 7 days’ advance notice of the Maintenance. In addition, IEX Cloud may perform emergency unscheduled Maintenance at any time. If IEX Cloud expects emergency unscheduled Maintenance to negatively affect the availability or functionality of the Services, IEX Cloud will use commercially reasonable efforts to provide advance notice of such Maintenance. IEX Cloud may provide any notice to Customer under this Section: (a) by sending an email to the Notification Email Address, or (b) through the Admin Console.
3.2 Language Support Generally. IEX Cloud will provide all support under these Guidelines in the English language.
4.1 "Business Day" means any day during the Hours of Operation.
4.2 "Designated Contacts" means individual Admin Console users who are designated by Customer as administrators or technical employees and who are allowed to contact IEX Cloud for technical support.
4.3 "Feature Request" means a Request to incorporate a new feature or enhance an existing feature of the Services that is currently not available as part of the existing Services.
4.4 "IEX Cloud Support Personnel" means the IEX Cloud representatives responsible for handling Requests.
4.5 "Hours of Operation" means 09:00 to 16:30 Monday through Friday, Eastern Time Zone, except for holidays documented in the Admin Console.
4.6 "Maintenance" means maintenance work that is performed on hardware or software delivering the Services.
4.7 "Notification Email Address" means the email address(es) designated by Customer in the Admin Console to receive certain notifications from IEX Cloud.
4.8 "Request" means a request from a Designated Contact to IEX Cloud Support Personnel for technical support to resolve a question or problem report regarding the Services.
4.9 "Support Data" means account details and the information that Customer provides to IEX Cloud for the purpose of obtaining TSS under these Guidelines, including requests for support and the details provided to IEX Cloud about the specific support issue.