Service Level Agreement for Enterprise Plan

Last updated: December 18, 2024

1. General

This Service Level Agreement (“SLA”) describes the uptime commitment as well as some other priority support features offered to Execify.ai’s Enterprise Plan customers, who are current on their payment obligations.

All capitalized terms not otherwise defined in Section 9 to this SLA are as set forth in Execify.ai’s Terms of Service or such other agreement governing the use of Execify.ai’s Services, as applicable (“Agreement”).

2. Access to Customer Success Services

The Enterprise Plan includes access to customer success services to assist with the Services deployment, adoption and utilization, consulting, as well as, sharing advice and guidance related to optimizing Customer’s use of the Services.

3. Support Channels

The following describes Execify.ai’s available support channels:

3.1. Email Support

The Execify.ai support team can be contacted through the contact form available at Execify.ai website or via the support email to [email protected]. Please make sure to contact us via your email registered with your Enterprise Account.

3.2. Additional Support Channels

Execify.ai may from time to time offer additional support channels at such times and channels as determined by Execify.ai in its sole discretion, which may include chatbot, office hours, live chat and/or call back support.

4. Error Response Time

4.1. Errors should be reported by Customer to Execify.ai through any of the support channels listed above. Execify.ai shall define the severity classification of the reported Error and shall respond to the Error according to the respective Response Time as follows:

Severity Description Response Time
Critical Services Unavailability. Within 8 hours
High Major functionality in the Core Services is impacted, or the Core Services performance is significantly degraded, or the Error is persistent and affects many Users. No reasonable workaround is available. Within 24 hours
Medium Services performance issue or a material bug affecting some Users or some functionalities. Reasonable workaround is available. Within 48 hours
Low Bug or other technical issue affecting some Users. Reasonable workaround is available. Within 72 hours

4.2. For Critical Errors Execify.ai shall work on a resolution 24/7 until such Error is resolved, and Execify.ai shall send Customer a status report and/or publish updates on the Status Page, the Sites, via the Services, by email and/or by any other method designated for such purpose, every thirty (30) minutes.

4.3. Execify.ai must be able to reproduce the reported Error in order to attempt to resolve it. Customer shall cooperate and work closely with Execify.ai to reproduce the Error, including conducting diagnostic or troubleshooting activities as requested and appropriate. Also, subject to Customer’s approval on a case-by-case basis, Users may be asked to grant Execify.ai with access to their Accounts, computers and/or network, for troubleshooting purposes.

5. Services Monthly Uptime

5.1. The Core Services shall be available no less than 99% of the time, twenty-four (24) hours per day, seven (7) days per week (including holidays), measured on a calendar monthly basis; provided that the calculation of the Monthly Uptime shall not be impacted by the following events, which are not deemed events of Service Unavailability:

5.1.1. Where the Core Services were unavailable due to an incident which was not within the control of Execify.ai, including unavailability caused by acts of God, acts of government, insurrection, war, riot, global health emergency, disease outbreak, explosion, nuclear incident, fire, flood, earthquake, global pandemic, unavailability of telecommunications and internet service due to general unavailability of telecommunication or internet service provider’s systems or other catastrophic event beyond the reasonable control of Execify.ai.

5.1.2. The Core Services were unavailable due to planned maintenance, provided that Execify.ai provides Customer at least three (3) days’ advance notice (by posting an announcement on the Status Page, the Sites, via the Services, and/or by sending Customer an email) that the Services shall be unavailable due to maintenance and/or upgrading.

5.1.3. The Core Service were unavailable due to (a) Customer’s and/or a third party’s software, network, links, products, services, widgets, apps, integrations, hardware or other equipment; (b) Customer’s or anyone on its behalf use of the Services in violation or in a manner not authorized in the Agreement; and/or (c) resulting from a Distributed Denial of Service (DDoS) attacks and/or any other unlawful activity.

5.1.4. A duration of up to forty five (45) consecutive minutes in which the Core Services were available in a Read-Only Mode (i.e. a Read-Only Mode longer than forty five (45) minutes will be regarded as Services Unavailability).

6. Service Unavailability Credits

6.1. Solely to the extent Customer is not in breach of the Agreement, as a remedy for Service Unavailability, subject to the terms of this Section ‎6, Execify.ai shall provide a Credit to Customer’s Account (or the applicable Reseller in the name of Customer where Customer purchased and paid for the Services through a Reseller) with the applicable Credit Percentage in accordance with the respective Monthly Uptime Percentage:

Monthly Uptime Percentage Credit Percentage
Less than 99% but greater than or equal to 98% 5%
Less than 98% but greater than or equal to 95% 10%
Less than 95% but greater than or equal to 90% 15%
Less than 90% but greater than or equal to 85% 20%
Less than 85% 30%

6.2. The Credit shall be calculated by multiplying the applicable Credit Percentage by the Fees payable by Customer to Execify.ai for the Subscription to the respective Services for which the Service Unavailability event relates and for the respective month in which the Service Unavailability has occurred (e.g. 1/12 of the annual fees for annual Subscriptions to the Services). If a customer purchased and paid for the Services through a Reseller, then such monthly fees or annual fees calculations shall be based on the fees payable by the applicable Reseller to Execify.ai.

6.3. Execify.ai will apply a Credit only against Customer’s future payments obligations otherwise due from Customer under the Agreement (whether for the Fees or for any Upgrade). Where Customer purchases and pays for the Services through a Reseller, the Reseller shall be solely responsible for issuing the appropriate amounts to Customer against Customer’s future payment obligations. A Credit will not entitle Customer to any monetary refund by Execify.ai. Credits may not be transferred or applied to any other accounts, products or services.

6.4. To receive a Credit, Customer’s Admin shall submit to Execify.ai a detailed Credit request via [email protected] within ninety (90) days following the Service Unavailability incident. Customer’s failure to provide the request within the ninety (90) days period will disqualify Customer from receiving a Credit.

6.5. The aggregated maximum number of Credits to be issued by Execify.ai to Customer in a single calendar month will not exceed 100% of the fees actually paid to Execify.ai by Customer for the affected Services for the respective month (e.g. minus other credits or incentives applied to the respective Fees for the respective month).

7. Exclusive Remedies

Notwithstanding anything elsewhere to the contrary, the award of Credits in accordance with Section‎ 6 above (Service Unavailability Credits), and Execify.ai’s actions in accordance with Section ‎‎4 above (Error Response Time), shall be Customer’s sole and exclusive remedies available for Customer for any failure by Execify.ai to meet its obligations under this SLA and/or for any Errors in the Services.

8. Changes to this SLA

Execify.ai may modify this SLA at any time, provided that if Execify.ai makes any changes that materially adversely decrease the level of service, then it shall notify Customer by posting an announcement on the Sites, via the Services and/or by sending Customer an email.

9. Definitions

“Core Services” means the Execify.ai Platform, as identified in the Status Page, and excluding without limitations: (a) the API; (b) add-ons, apps, widgets and/or Third Party Services integrated or otherwise interfaced with the Core Services, whether developed by Execify.ai or by a third party; and (c) any products or features identified as trial, pre-release, pilot, alpha, beta or similar;

“Credit(s)” means the service level credit a Customer may receive in the event the Monthly Uptime Percentage falls below 99%, which shall be calculated in accordance with the Credit Percentage in the table set forth in Section 6.1;

“Credit Percentage” means the percentage which will be used to calculate the Credit, which is based on the Monthly Uptime Percentage, and is in accordance with the table in Section 6.1;

“Error” means any incorrect functioning of the Services that is reproducible, and which results in the failure of the Services to operate in full compliance with the functionalities set forth in the documentation;

“Monthly Uptime” means the total minutes in a given calendar month minus the Service Unavailability minutes;

“Monthly Uptime Percentage” means the Monthly Uptime divided by the total minutes in a given calendar month;

“Read-Only Mode” means a mode in which the Services is accessible and the Customer Data is displayed but cannot be edited or modified;

“Response Time” means the period between the time when the Error was reported in full, and the time when an initial acknowledgement was published in the Status Page, the Sites, via the Services and/or by sending Customer an email; and

“Services Unavailability” means the number of minutes in a given calendar month in which the Core Services were not available to Customer, excluding the exclusions set forth in Section 5.1, as measured according to Execify.ai’s monitoring service available at the Status Page, as may be updated from time to time.

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