Service Level Agreement


This Service Level Agreement (SLA) forms part of the Terms of Use but only applies if you have an eligible Subscription Agreement.

This version of the SLA became effective on 20 February 2020. If you previously agreed to a version of the SLA before 20 February 2020 then we will have sent you a notice of the changes and those terms are replaced by this SLA.

If you have a separate written agreement with us then the updates to the SLA will not apply to you.


Incident desk

  1. Incident desk: We provide an incident desk which can be used to report incidents and downtime affecting the Platform.
  2. Hours of service: This incident desk will be contactable 24 hours per day, 7 days per week by Customer for any period where you have an eligible Subscription Agreement.
  3. Method of contact: The incident desk is contactable by sending an email to the email address provided in your Subscription Agreement.
  4. Response times: We will ensure that requests to the incident desk are responded to within specified times depending on the severity of the reported incident. We will also ensure you receive updates on the incident at intervals no less than specified until such time that the incident is resolved. These specified times are:

Severity

Definition

Acknowledgement

Update frequency

Resolution target

1

Downtime affecting a substantial proportion of End Users; or, an issue that causes a substantial security, regulatory or reputation risk.

within 1 hour

every 2 hours

within 4 hours

2

Degradation Of Service affecting a substantial proportion of End Users

within 2 hours

every 4 hours

within 24 hours

3

Downtime or Degradation Of Service affecting a small number of End Users

within 24 hours

every 2 days

within 72 hours

Uptime

  1. Uptime guarantee: We will ensure that the Monthly Uptime Percentage for the Platform meets or exceeds 99.9%.
  2. Exclusions: This uptime service level does not apply to any Platform features designated Alpha or Beta (unless otherwise stated), any features explicitly excluded from the SLA, or errors caused by your violation of our Terms of Service.
  3. Scheduled Downtime: We will provide no less than 10 calendar days notice to you of any Scheduled Downtime.

Service Credits

  1. Credit entitlement: If we do not meet or exceed the Uptime service level and you have a current eligible Subscription Agreement, you are entitled to receive credits against future amounts due to us according to the table below:

Monthly Uptime Percentage

Percentage of monthly bill

99.0% to < 99.9%

5%

95.0% to < 99.0%

10%

< 95.0%

20%

  1. Claiming: In order to receive credits you must notify us within 30 days from the time you become eligible to receive them. If a dispute arises with respect to the Uptime service level, we will make a determination in good faith based on system logs, monitoring reports, configuration records and other information.
  2. Sole remedy: Service credits are the sole and exclusive remedy for any failure by us to meet the Uptime service level.

Definitions

Downtime means any period of time, excluding Scheduled Downtime, where End Users are not able to successfully converse with a digital human as measured from the Platform side. This does not include any failure that is outside of our reasonable control. For example:

  1. End Users attempting to use unsupported browsers
  2. Poor network conditions affecting an End User
  3. Poor performance of an End Users microphone, speaker or web camera

Degradation of Service means imperfect operation of the Platform that does not prevent an End User from successfully conversing with a Digital Human.

Monthly Uptime Percentage means the total number of minutes in a month, minus the number of minutes of Downtime affecting a substantial proportion of users; divided by the total number of minutes in a month. Scheduled Downtime means Downtime due to planned maintenance activities occurring on the Platform.