Service Level Agreement

This Service Level Agreement (“SLA”), together with any Order Forms executed by exceed.ai and Service Terms and Conditions as part of the Agreement between the parties for the provision of the exceed.ai Services to Customer (the “Agreement”).

  1. Availability Objective 

exceed.ai shall use commercially reasonable efforts to ensure that the service will be generally available 99.95% of the time, except as provided below.

  • Any period of unavailability lasting less than 5 minutes.
  • Issues arising from components controlled by the Customer (or its vendors, contractors or service providers).
  • Issues arising from bugs, defects, or other problems in the software, firmware or hardware of third-party sub-processors which impact access to the Platform as reasonably determined by exceed.ai after an investigation into the issue.
  • Unavailability of features or functions which would be considered a Medium or Low severity level under the table in Section 2 below.

For any partial calendar month during which Customer subscribes to the Service, general availability will be calculated based on the entire calendar month, not just the portion for which Customer subscribed.  In addition, unavailability of some specific features or functions within the Service, while others remain available, will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.

    5. 2. Support and Problem Management. 

      exceed.ai will have a support team available to answer Customer questions during business hours (7 am – 5 pm EST) at weekdays. 24/7 support will be provided for “Critical Errors” (as defined herein) only.

      The telephone number and email address for requesting support are as follows:

      E-mail: support@exceed.ai

       

    6. An “Error” means any failure of any portion of the Service to be available or otherwise perform in accordance with an Agreement with the Customer or any applicable specifications. Customer shall designate in writing up to two (2) named contacts to request and receive telephone, email or remote access support services from exceed.ai. Customer support inquiries shall be initiated through these contacts only. Customer shall notify exceed.ai in writing of any changes to the designated Customer contacts. The designated Customer contact shall notify exceed.ai of an Error and classify its request for correction (each a “Support Request”) in accord with the descriptions below.
Classification Description
Critical An issue affecting entire system or single critical production function; System down or operating in a materially degraded state; Data integrity at risk; Widespread access interruptions.
High A material component failure that materially impairs its performance.
Medium Operating with minor issues that can be addressed with a workaround.
Low Request for assistance, information, or services that are routine in nature.

exceed.ai will endeavor to respond to and to resolve all errors within the following target times based on the severity of the Error.

Severity Target Response Time 4 hours
Critical Initial response within 1 hour. Updates no less than every 2 hours until resolution. 4 hours
High Initial response within 4 hours. Updates no less than every 6 hours until resolution. 24 hours
Medium Initial response within 24 hours. Updates no less than every 24 hours until resolution. 72 hours
Low Initial response within 24 hours. Updates no less than every two days until resolution. 7 days

Response and Resolution times will be measured from the time exceed.ai receives a Support Request until the respective times exceed.ai has (1) responded to such Support Request, in the case of response time, and (2) resolved such Support Request, in the case of resolution time.

3. Exclusions

exceed.ai shall have no obligation to provide services for or in connection with Errors caused by any of the following:

  • The Service is changed or modified other than as specifically approved in writing by ai;
  • Use of the Service other than in strict accordance with the terms of the Agreement;
  • The Service installed on any computer hardware or used in combination with any other software, except as specified in the Agreement;
  • Introduction of data into any database used by the Service by any means other than by use of the Service;
  • Misuse of the service, whether through negligence or accident;
  • Errors resulting from hardware or software not in accordance with the Agreement;
  • User errors, including without limitation, problems caused by incorrect set up, host data, user actions in conflict with the Agreement and/or failure to perform required administrative duties (such as back up, purges, modifying data, etc.);
  • Network problems, including without limitation, problems with remote access connection, with routers, segments, hubs and switches;
  • Support environment failures – failures of any external support connections from Customer to computer systems maintained by Customer or any third party, including without limitation power outage or component failure;
  • Errors resulting from damage caused by computer virus or similar malicious code contained in the Service through no fault of ai;
  • Errors resulting from failure to incorporate or implement any fix, Work Around or Update or any other maintenance or support service provided by ai.

A determination by exceed.ai that an Error is not covered by this SLA can be made at any time. If exceed.ai demonstrates to Customer that the Error is excluded from the scope of the SLA, exceed.ai will be entitled to invoice Customer on a time and materials basis at exceed.ai’s then prevailing rates for any work performed by exceed.ai in connection with exceed.ai’s efforts to resolve the Error.

 

Last update: October 19, 2018

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