Support and Service Level Agreement

The Support and Service Level Assistance (“SLA”) is deemed to be incorporated to the terms and conditions.

1. Definitions

Capitalized terms used herein, and in the terms and conditions, shall have the meaning ascribed to them and shall be applicable to the appendices and exhibits as well.

“Administrator”	refers to a Platform’ manager who has full access to the back end of Customer Platform.
“Anomaly”	means a Service reproducible defect, malfunction. Anomalies are classified into three categories, as set out in section 3.3 below.
“Business day”	means from Monday to Friday.
“Business hours”	means from 9.00 AM to 6.00 PM (Paris time).
“Downtime”	means the total number of minutes that Customer cannot access the Service; are not included in the downtime calculation: (a) Scheduled Maintenance, (b) Scheduled Update, (c) events of Force Majeure (as described in the Terms and Conditions), (d) malicious attacks on the Software, (e) any issue or downtime or other failure related to or associated with Customer’s computing devices, local area networks or internet service provider connections, or (f) inability to deliver Service caused by, related to, or associated with any acts or omissions of Customer or any User.
“Resolution Time”	it begins after Sociabble confirms receipt and acknowledgment of a support ticket and ends when Sociabble has solved the Anomaly, and/or otherwise returned the Service to its normal state. Notwithstanding the foregoing, this Resolution Time is not applicable to on mobile devices due to the validation processes of the editor’s being out of Sociabble’ control (i.e., iOS about 7 days and Android about 48 hours).
“Response Time”	means the period from the moment the email notification is logged as a support ticket with Sociabble until Sociabble responds to Customer.
“Scheduled Maintenance”	means a period of maximum four (4) hours, for which the Service is scheduled to be unavailable to the use by Customer and/or Users, in order to perform preventive maintenance, install upgrades or perform similar work and for which Customer has been given prior notice of such period.
“Scheduled Update”	means a scheduled deployment of program code introducing a new version, feature, or functionality of the Service.
“Service Availability”	means when Customer has access to the Service, subject to the exclusions defined under Downtime below and refers to a ration calculated each month according to the following calculation method: (total minutes in calendar month – total minutes of Downtime) / total minutes in calendar month) x 100.

2. Service Availability

Service Availability. During the Term, Sociabble will provide the Service 24/7/365 with a Service Availability of 99.5%.
Service credits. If Sociabble fails to meet the Service Availability in a particular month, Customer shall be entitled to a credit in accordance with the table below (“Service Credit”). A Service Credit is calculated by multiplying (i) the prorated monthly fees charged for the affected month by (ii) the applicable Service Credit percentage set forth in the table below.

Service Availability	Service Credit percentage
<99.5%	2%
<99%	5%

3. Service Credit eligibility. To receive a Service Credit, Customer must claim it within 30 days of the occurrence of a Downtime, the Service Credit will be deducted from the next invoice issued by Sociabble to Customer. Customer shall not be entitled to a Service Credit if it is in breach of the Terms and Conditions (including without limitation its payment obligations) until Customer has remedied such breach.

4. Maximum Service Credit. Service Credit, including damages of any kind (loss of profit, personal or physical injury, loss of data, pecuniary loss or any other) shall not exceed the monthly fees amount. Service Credit is Customer’s sole and exclusive remedy, and Sociabble’s sole and exclusive liability, in respect to Sociabble’ failure to meet the Service Availability.

5. Rate Limits. Customer acknowledges that there is a rate limit of one connection per hour for testing platform availability, or others tests, via automatic bots to prevent untimely login to the Platform. Also, the Customer must have the bot declared to Sociabble before undertaking any tests, failing this, Customer’s bots might be evicted from the Platform.

3. Maintenance and support

Maintenance level. The Service shall be provided in accordance with the Scheduled Maintenance that may occur on Thursdays from 11am to 9pm UTC, upon a fifteen (15) days prior notice to Customer.
Support level. Sociabble support is managed via an online customer service (the “Support”). The Support shall handle any tickets on behalf of Sociabble and can be contacted by the Administrators during Business days and Business hours, including Sundays and bank holidays, via email at support@sociabble.com. The Support must be timely and limited to the resolution of Anomaly and, shall not lead to the delivery of training otherwise than defined in the applicable Quote. In such a case, extra support tickets may be purchased separately, upon additional charges, as described in the applicable Quote. Customer shall provide as much information as possible in respect of any Anomaly experienced, to enable the Support to investigate the Anomaly and to reproduce operating conditions similar to those present when Customer and/or the Administrator detected the Anomaly.
Response and Resolution Times. Sociabble shall use reasonable endeavor to respond to an Anomaly notification from Customer in accordance with the following delays:

*Type of Anomaly*	*Description*	*Response Time*	*Resolution Time*
Blocking Anomaly	The Platform is down for any and each User.	2 working hours	24 working hours
Major Anomaly	The Platform is in a degraded or semi-functional mode (other than a blocking Anomaly).	12 working hours	48 working hours
Minor Anomaly	Anomaly not covered by the blocking or major Anomaly level.	96 working hours	Next product release

In respect with each Anomaly, the qualification of the Anomaly, whether it is Blocking, Major or Minor (as defined hereabove) will initially be determined by the Customer and then confirmed by Sociabble. The final classification of an Anomaly will be at Sociabble’s sole discretion.

For the avoidance of any doubt, the Response and Resolution Times set out in the table above are key performance indicators (“KPIs”) and failure to achieve any of these KPIs shall not be deemed a breach of the Terms and Conditions.

The Resolution Time shall not include the disruptions due to (i) the Scheduled Maintenance and/or Scheduled Update of the Service and (ii) the dysfunctions attributable to third party software or content sources such as Twitter, Facebook, LinkedIn and any other sources of content that have been connected by Users to the Platform.

4. High-risk activities

Disclaimer. The Platform is not designed, programmed, conceived or intended for a use in hazardous environments that require flawless execution, such as within the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, use of machines/equipment helping to keep people alive, weapons systems, in which failure of the Platform may directly lead to the death of users of the facilities, systems and equipment and cause any other third party bodily injuries, physical or environmental damage. The Parties expressly disclaim any expressed or implied warranty with respect to high-risk activities.

To consult the previous version of our SLA, click here