Service Level Agreement

SUPPORT AND SLA

1. Definitions

   • 1.1. “Critical Issue” means the unavailability of the incident.io Platform or the Communications Platform integration with the Platform Services for a period of more than fifteen (15) consecutive minutes.

   • 1.2. “Normal Business Hours” means 9:00am-5:00pm US eastern time, Monday through Friday, excluding holidays. A “Business Hour” means an hour within Normal Business Hours.

   • 1.3. “Scheduled Maintenance” means up to four (4) hours per calendar month during which the Platform may be unavailable. Scheduled Maintenance will be scheduled outside of Normal Business Hours.

   • 1.4. “Notification Window” means the five (5) minute period between when incident.io receives an alert during Ingestion and when a Notification is sent to the On-Call Responder via the Telecommunications Provider.

   • 1.5. “Service Availability” means: (a) the percentage of the total time the incident.io Platform is available in a given calendar month, or in the case of On-Call, the percentage of the total time Ingestion is available, each as measured in minutes; and (b) the percentage of the total time that, following Ingestion of an Incident, incident.io triggers Notifications through the Telecommunications Provider during the Notification Window.

   • 1.6. “Standard Request” means a request by Customer for support unrelated to a Critical Issue.

   • 1.7. “Applicable Initial Response Times” for Critical Issues and Standard Requests for each Subscription Plan are set out in the table below:

   	Pro	Enterprise
   Standard Request	12 Business Hours	8 Business Hours
   Critical Issue	1 hour (24x7)	30 minutes (24x7)

2. Support

   • 2.1. incident.io will respond to all Standard Requests within the Applicable Initial Response Time, provided that Customer, or the affected User, submits a support request via: (a) in-app chat through the incident.io Platform; (b) a dedicated Communications Platform channel; or (c) email to support@incident.io.

   • 2.2. incident.io will respond to all Critical Issues within the Applicable Initial Response Time provided the request is sent by email to urgent@incident.io.

     • 2.2.1. The following provisions apply subject to Section 2.2.2:

       • 2.2.1.1. If a Critical Issue request is not resolved within six (6) hours from incident.io’s receipt, then Customer will receive a credit equal to ten percent (10%) of the monthly value of Subscription Fees payable by Customer in the month in which the failure occurred. This credit may only be used against Customer’s next invoice.

       • 2.2.1.2. If a Critical Issue request is not resolved within twenty-four (24) hours from incident.io’s receipt, then Customer will receive a credit equal to fifty percent (50%) of the monthly value of Subscription Fees payable by Customer in the month in which the failure occurred. This credit may only be used against Customer’s next invoice.

       • 2.2.1.3. The credits described in this Section 2.2 state Customer’s exclusive remedy and incident.io’s sole liability with respect to a failure to meet the resolution times for a Critical Issue.

     • 2.2.2. Customer will not be entitled to any credits under Section 2.2.1 unless it notifies incident.io of the failures it considers occurred that entitle it to such credits within fourteen (14) days of their occurrence. Such notification shall be in writing and sent to support@incident.io, with supporting details.

   • 2.3. In a given calendar month, if incident.io’s average Standard Request responses and/or Critical Issue responses fail to meet the Standard Request Response Time or Critical Issue Response Time (as the case may be), then, upon Customer’s written request within thirty (30) days following the end of such calendar month, Customer will receive a credit equal to twenty-five percent (25%) of the monthly Subscription Fees payable by Customer in the month in which the failure occurred. This credit may only be used against Customer’s next invoice and is Customer’s exclusive remedy and incident.io’s sole liability with respect to response times.

3. Availability

   • 3.1. The Service Availability will be available at least 99.9% of the time during each calendar month (“Uptime Commitment”).

     • 3.1.1. The following provisions apply subject to Section 3.1.2:

       • 3.1.1.1. If the Service Availability in any given calendar month does not meet or exceed the Uptime Commitment, then Customer shall receive a credit equal to ten percent (10%) of the monthly value of the Subscription Fees payable by Customer for the applicable Service (i.e., Incident Management or On-Call) during the month in which the failure occurred. Such credit may only be used against Customer’s next invoice.

       • 3.1.1.2. If incident.io fails to meet the Uptime Commitment in any two (2) consecutive calendar months or any three (3) calendar months in a calendar year (each a “Service Availability Termination Event”), then Customer may within thirty (30) days of the end of the Service Availability Termination Event terminate the applicable Services (i.e., Incident Management or On-Call) and receive a pro-rata refund of any prepaid unused Subscription Fees as of the termination date.

       • 3.1.1.3. The credit and termination right described in this Section 3.1 state incident.io’s sole liability and Customer’s exclusive remedy for a failure by incident.io to maintain the Uptime Commitment.

     • 3.1.2. Customer will not be entitled to any credits under Section 3.1.1 unless it notifies incident.io of the failures it considers occurred that entitle it to such credits within fourteen (14) days of the end of the calendar month in which they occurred. Such notification shall be in writing and sent to support@incident.io, with supporting details.

   • 3.2. Notwithstanding anything to the contrary, the following incident.io Platform unavailability shall not be considered when calculating the Service Availability: (a) acts or omissions of Customer or Third Party Service Providers, including without limitation its or their non-compliance with these Terms; (b) Scheduled Maintenance; (c) a Force Majeure Event; or (d) in the case of On-Call: (i) outages, disruptions, and/or errors affecting the applicable Telecommunications Provider; and/or (ii) filtering of network traffic by any government, regulatory body, or the Telecommunication Provider.

4. Credits, not refunds.

   Notwithstanding any other provision of this Support and SLA, all credits due to Customer under it shall be made against the Customer’s next Renewal Subscription Term invoice. If these Terms have expired, are subject to non-renewal or are terminated in any way, no credits shall be due to Customer and no refunds or other payment in lieu.