These Support and Service Levels form part of the Agreement into which they are incorporated as Annex B of the applicable Services Order Form.
Tier applicability
The Service Levels in this document (including the response-time targets, service credits, and the availability-based termination right) apply only where the Order Form designates the Professional service tier or higher. For customers not on the Professional tier, Company provides support with an initial response within three (3) business days of a report received through Company’s designated support channel, and the remainder of this document does not apply.
Response-time targets
The Company will provide 24/7 technical support, defined by the following binding Service Level Agreements (SLAs) for initial response time:
| Severity | Definition | Initial response |
|---|---|---|
| Critical | Service is down or unusable | 1 hour |
| High | Major function failure, but a workaround exists | 2 hours |
| Medium | Minor issue, no functional impact | 4 hours |
| Low | General questions, minor visual bugs | 8 hours |
Severity levels are assigned by Company, acting reasonably, in accordance with the definitions above; response times are measured from receipt of an incident report through Company’s designated support channel; availability is measured by Company’s monitoring systems.
Exclusions
Service Levels (including availability and the Critical, High, Medium, and Low response targets) do not apply to, and no Service Level failure or Critical incident shall be deemed to arise from, any period during which the Services are suspended, deferred, or stopped: (a) under the Credit-balance provisions of the Payment of Fees section of the Standard Terms, including where Customer’s prepaid Credit balance is exhausted and Customer has not purchased additional Credits; (b) for scheduled or emergency maintenance; or (c) due to the Customer, its users, a third party outside the Company’s reasonable control, or a force majeure event, including any modification by Customer or its users of skills files, process definitions, or other Customer-configurable settings. Such periods are excluded from all availability and response-time measurements.
Service credits
Service credits are the Customer’s sole and exclusive remedy, and the Company’s entire liability, for any failure to meet the response targets set forth above, and, except as set forth under “Chronic Failure Termination” below, shall not constitute a refund or entitle Customer to terminate. To claim a credit, Customer must submit a written request to the Company within thirty (30) days after the missed response target, identifying the affected incident. Credits do not apply to delays caused by Customer, by force majeure, by scheduled maintenance, or by outages of third-party platforms or AI providers.
In no event shall the total service credits in any calendar month exceed ten percent (10%) of that month’s Fees. Notwithstanding the foregoing, in no event shall the service credits in any month reduce Customer’s net payment for that month below the Company’s actual third-party AI model costs for that month. Service credits accrue only if Customer is current on all undisputed Fees. Service credits are issued, at Company’s election, as a credit against the next subscription invoice or as additional Credits of equivalent value; they have no cash value and are forfeited on termination or expiration. For purposes of the ten percent (10%) cap, a month’s Fees means the subscription fee plus the value of Credits consumed in that month. Company’s written statement of its third-party AI model costs shall be conclusive absent manifest error.
Chronic Failure Termination
If the Services’ monthly availability (measured as the percentage of total minutes in a calendar month during which the Services are available, excluding scheduled maintenance, force majeure events, unavailability caused by Customer or its systems or Equipment, and outages of third-party platforms or AI providers) falls below ninety-five percent (95%) in each of two (2) consecutive calendar months, Customer may terminate this Agreement without penalty by written notice to Company delivered within thirty (30) days after the end of the second such month, and Fees accrued through the effective date of such termination shall remain payable.