Service Level Agreement

February 10, 2021

This Service Level Agreement (this "SLA") is a policy governing the use of the Service and applies separately to each account using the Service. In the event of a conflict between the terms of this SLA and the terms of the Master Service Agreement or other agreement with us governing your use of our Service (the "Agreement"), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Master Service Agreement.

Service Commitment

AVStack will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage of at least 99.99%, in each case during any monthly billing cycle (the "Service Commitment"). In the event the Service does not meet this Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for the affected Service for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

Monthly Uptime Percentage Service Credit Percentage
<99.99%, >=99.0% 10%
<99.0%, >=95.0% 30%
<95.0% 100%

We will apply any Service Credits only against future payments for the applicable Service otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from AVStack. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing support@avstack.io. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  1. the words "SLA Credit Request" in the subject line;
  2. the dates and times of each Unavailability incident that you are claiming;
  3. the identifiers for the affected Service ; and
  4. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and AVStack's sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Services.

Exclusions

The Service Commitment and Hourly Commitment do not apply to any unavailability, suspension or termination of Service, or any other Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Service; (ii) that result from any actions or inactions of you or any third party; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension or termination of your right to use the applicable Service in accordance with the Agreement (collectively, the "Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Definitions

  • "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the Service, as applicable, was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Exclusion.
  • A "Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
  • "Unavailable" and "Unavailability" mean that your videoconferencing backend is unreachable, or is degraded to the extent that normal operation of a videoconference is not possible.