Service Level Agreements¶
Enterprise Platform Uptime SLA¶
The following Service Level Agreement, which is incorporated into and forms part of the Subscription Agreement between Genz IT Solutions GmbH ("Capawesome") and Customer (the "Agreement"), will apply to the Services for Enterprise Customers specified in an Order Form during the applicable Subscription Term:
1. Uptime Commitment¶
Capawesome will provide Actual Availability for at least ninety-nine and nine tenths percent (99.9%) of the total time in each calendar month during the Subscription Term, as measured by Capawesome (the "Uptime Commitment").
2. Service Credits¶
If the Uptime Commitment is not met during any particular calendar month during the Subscription Term, then Customer will be eligible for a service credit ("Service Credit"), provided that Customer reports to Capawesome such failure to meet the Uptime Commitment and requests such Service Credit in accordance with this Exhibit. The amount of any Service Credit due hereunder shall be calculated as follows: X * Y, where X = the total fees due from Customer to Capawesome for the affected Services for the relevant calendar month (regardless of when billed or payable), and Y = the Credit Percentage corresponding with the Actual Availability provided (as a percentage of total time) for the relevant calendar month, as set forth in the table below.
| Actual Availability | Credit Percentage |
|---|---|
| Less than 99.9% but greater than or equal to 99.0% | 10% |
| Less than 99.0% but greater than or equal to 98.0% | 15% |
| Less than 98.0% but greater than or equal to 96.0% | 20% |
| Less than 96.0% | 30% |
3. Credit Requests and Payment¶
To request a Service Credit, Customer must send an email to Capawesome at [email protected] within thirty (30) days of the end of the month in which the Uptime Commitment was not met. Customer must include either its account ID or registered email address, and the previously reported dates and times that there was no Service Availability. If Capawesome confirms that Customer is eligible for a Service Credit, Capawesome will issue a credit to Customer's account within thirty (30) days. Service Credits are not refunds, cannot be exchanged into a cash amount, and may only be used against future billing charges. Except as set forth in Section 4 below, the Service Credits shall be Customer's sole and exclusive remedy, and Capawesome's sole and exclusive liability, for any failure by Capawesome to meet the Uptime Commitment.
4. Definitions¶
All capitalized words used but not defined in this Service Level Agreement have the meaning set forth in the Agreement.
4.1 Scheduled Availability¶
"Scheduled Availability" means the time, in minutes, that the applicable Services are generally accessible and available to Customer's Permitted Users.
4.2 Unscheduled Downtime¶
"Unscheduled Downtime" means the time, in minutes, that the applicable Services are not generally accessible and available to Customer's Permitted Users, excluding inaccessibility or unavailability due to Customer's or Permitted Users' acts or omissions, force majeure events, scheduled maintenance disclosed with at least 24 hours' notice by email, hacking or virus attacks, reasonable emergency maintenance or other product specific exclusions listed under SLA Exclusions.
4.3 Actual Availability¶
"Actual Availability" means Scheduled Availability less Unscheduled Downtime.
4.4 Production¶
"Production" is defined as a system serving live customer-facing or business systems with existing deployed and functional features.
"Development", "Staging", "uat", "pre-production" or new feature implementation even if in a production environment, are not considered Production.
SLA Exclusions¶
General Service Exclusions¶
- (i) Caused by factors outside of our reasonable control, including but not limited to any force majeure event or Internet access, ISP provider issues, and/or related problems beyond the demarcation point of Capawesome. For the avoidance of doubt, this list is not exhaustive, and we will endeavor to inform you if the issue is beyond a factor that we can reasonably control.
- (ii) That result from any voluntary actions or inactions from you.
- (iii) That result from you not following the basic operational guidelines described in our Docs.
- (iv) That result from your equipment, software, or other technology.
- (vi) Arising from our suspension and termination of your right to use Capawesome in accordance with our Terms.
Live Update SLA Exclusions¶
- (i) Outages or issues caused by retracted versions of official Capawesome libraries, frameworks, software packages or APIs, including urgent retractions due to identified security vulnerabilities.
- (ii) Outages or issues caused by unofficial Capawesome client libraries, frameworks, or API proxies, including security vulnerabilities, even when those libraries internally use official Capawesome libraries.
- (iii) Outages or issues that could have been resolved by upgrading to a higher minor or patch version of an official Capawesome client library, framework, or software package.
- (iv) The SLA only applies to the most recent major release of the Capawesome client libraries, frameworks, or software packages. Older versions are excluded.
Support¶
Capawesome provides Support Service Level Agreements for our Enterprise customers.
1. Urgent¶
Critical Issue
Defect resulting in full or partial system outage or a condition that makes Capawesome unusable or unavailable in production for all of Customer's Users.
2. High¶
Significant Business Disruption
Issue resulting in a situation meaning major functionality is impacted and significant performance degradation is experienced. Issue impacts significant proportion of user base and / or major Capawesome functionality.
3. Normal¶
Minor Feature or Functional Issue / General Question
Issue results in a component of Capawesome not performing as expected or documented. An inquiry by a Customer representative regarding a general technical issue or general question.
4. Low¶
Minor Issue / Feature Request
An Information request about Capawesome or feature request.
Target initial response times¶
| Severity Level | Enterprise | Priority Support |
|---|---|---|
| 1. Urgent | 2 hours 24/7 × 365 |
1 hour 24/7 × 365 |
| 2. High | 4 business hours Monday - Friday |
4 hours 24/7 × 365 |
| 3. Normal | 1 business day Monday - Friday |
12 hours 24/7 x 365 |
| 4. Low | 2 business days Monday - Friday |
24 hours 24/7 x 365 |
Business hours are from 9am to 5pm Central European Time (CET) Monday to Friday, except where otherwise stated.