Medidata Hosting and Support Services Policy

The Hosting and Support Services Policy (“Policy”) governs the provision of Hosting and Support Services by Medidata Solutions, Inc. and its Affiliates (“Medidata”) for the applications that Medidata provides Customers and Partners (“Clients”) pursuant to the terms and conditions contained within the applicable agreement (the “Agreement”) between Medidata and Clients.  Unless otherwise noted, this Policy is subject to the terms of the Agreement and capitalized terms contained herein shall have the meanings set forth in the Agreement.

A. Service Descriptions. The following Hosting and Support Services shall be provided for the supported versions of the Medidata Application Services.

I. Hosting Services. Medidata provides Hosting Services to its Clients in accordance with this Policy to enable a Client’s secure access to its Data.  The Hosting Services include industry standard redundancy, scalability and robust 24x7x365 observability of all infrastructure components.

II. Support Services. Medidata provides Support Services for Medidata applications to its Clients including: (i) real-time technical and operational assistance to Clients’ Authorized Users via telephone, e-mail, chat and web support; (ii) deployment of upgrades, patches, error corrections and bug fixes during normal scheduled maintenance periods; (iii) updates to the application Documentation; and (iv) 24x7x365 telephone support services to Authorized Users in multiple core languages (English, French, German, Italian, Spanish, Bulgarian, Mandarin, Korean and Japanese) with on demand telephone translation services for additional languages.  For clarity, sections (i) and (iv) of the prior sentence shall not apply with respect to helpdesk support for Patient Cloud Application Services, which is provided under a separate Patient Cloud Helpdesk service offering.  In the event the functionality of the specific Application Service does not permit Client download of Client Data, Medidata will deliver Client Data to Client in a timely manner and mutually agreed format, upon Client request (i) during the term of the applicable Sales Order, once per study at no additional charge; or (ii) after the expiration or termination of the applicable Sales Order, pursuant to a separately executed Sales Order reflecting applicable Medidata Services and fees. Requests for Medidata to provide any Client Data that is available for download from the Application Services shall be subject to additional fees.

Support Services Exclusions. The following services are not included in Support Services, yet may be obtained from Medidata for an additional fee subject to Client’s execution of a Sales Order for the same: (i) Professional Services and content development including strategy and design services, systems architecture, configuration and integration; (ii) training on the Application Services or other software or hardware packages; (iii) support provided by Medidata at Client’s premises or any other premises requiring travel and living expenses; and (iv) any Professional Services required by Client in connection with implementation of any upgrade to the Application Services.

B. Service Commitments.

I. Hosting Services. As part of the Hosting Services, Medidata shall meet or exceed the following Service Levels:

Availability. Availability is calculated as the actual monthly uptime when the  Application Services are available, divided by scheduled monthly uptime and expressed as a percentage.  Regularly scheduled maintenance will be excluded when calculating Availability and will be conducted during the timeframe from 6:00 PM to 10:00 PM Central Time (CST) Saturdays, except as otherwise notified by Medidata.

Page Turns Response Time. Page Turns Response Time is the calculated monthly weighted average as measured at the Medidata application internal webserver.  The weighted average is calculated as follows: Sum (Daily Page Turn Response Time Average * Daily Page Count) / Sum (Daily Page Count), where page count is the number of times the page has been accessed.

II. Support Services. Medidata will respond to errors in the Application Services reported by the Client in accordance with the following levels of severity, each as reasonably determined by Medidata:

* The response times are measured from when Client notifies Medidata about a performance problem with a Medidata Application and Medidata’s issuance of a trouble ticket number to Client.

Client Responsibilities.  Client must report Severity Level 1 and 2 issues by telephone.  In addition, Client shall provide Medidata with documentation of any error  and the necessary software and data required to reproduce the error reported by Client and all other reasonable support and assistance requested by Medidata to discover the cause or a cure for the reported error.

III. Exclusions.  In no event will Medidata be responsible for failure to meet the Service commitments set forth in Sections I and II above, for any of the following reasons: (i) Client’s breach of the Agreement, (ii) causes resulting from Client’s or any third party’s (other than Medidata’s subcontractors) acts, errors or omissions or any systems, hardware or software not provided by, or identified by Medidata as being compatible with the Application Services (including Client telecommunications carrier or internet service provider).  In addition, the Service commitments in this Policy are not applicable to Client’s use of Application Services (i) in a Non-Production Environment, or (ii) that are not made available to Medidata’s Clients generally.

C.Third Party Integrations.  Client represents that it is contractually authorized to provide Medidata access to data stored in any third party systems, to the extent such access is required for Medidata to provide the Services. Client shall be responsible for: (i) obtaining and maintaining Medidata’s access to the data stored in third party systems and ability to integrate such with Medidata Application Services; (ii) ensuring that the data stored in a third party system does not include unblinded study data; and (iii) notifying Medidata of any restrictions from the third party, including if Medidata is required to execute any terms and conditions with the third party (“Third Party Restrictions”). Client will defend and indemnify Medidata against any claim from the third party related to (i) Medidata’s access to the data stored by the third party, (ii) the Third Party Restrictions, or (iii) the integration of the data stored by the third party with Medidata Application Services, except to the extent such claims arise from Medidata’s willful or intentional misconduct. Subject to the intellectual property terms of the Agreement, any updates, enhancements or other improvements to the Services, including derivative works thereof, or other intellectual property generated by Medidata’s support of the Services, including through use of a Client-provided API key, shall be Medidata’s intellectual property.

D. Updates.  Medidata reserves the right to update this Hosting and Support Services Policy from time to time, to support the provision and improvement of Application Services to its Clients generally.  Medidata will not modify this Policy in a manner that would have a material adverse impact on Clients’ use of the Application Services.  Material updates to this Policy will be reflected in the revision history set forth below.

Medidata Hosting and Support Services Policy Revision History:

Last Updated: October 2024