Last Updated: Jul 25, 2023
The following Service Level Agreement, which is incorporated into and forms part of the Terms of Service between Gadget Software, Inc. ("Gadget") and Customer (“customer"), will apply to the Services for Enterprise Customers specified in the Order Form accompanying this agreement.
Gadget will provide Actual Availability for at least ninety-nine and ninety-nine percent (99.99%) of the total time in each calendar month during the Billing Cycle, as measured by Gadget (the "Uptime Commitment").
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 Gadget 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 Gadget 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.
Service Credits are automatically applied to your invoices as Gadget detects its own failure to meet this SLA. In the event that you feel that a Service Credit is due, but has not been offered, you must send an email to support@gadget.dev within thirty (30) days of the end of the month of the Billing Cycle in question.
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 the Customer.
4.2 Unscheduled Downtime
"Unscheduled Downtime" means the time, in minutes, that the applicable Services are not generally accessible and available to the Customer, excluding inaccessibility or unavailability due to Customer’s acts or omissions, force majeure events, scheduled maintenance disclosed with at least 24 hours’ notice by email, hacking or virus attacks, or reasonable emergency maintenance.
4.3 Actual Availability
"Actual Availability" means Scheduled Availability less Unscheduled Downtime.
1. Urgent: Critical Issue
Defect resulting in full or partial system outage or a condition that makes Gadget 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 Gadget functionality.
3. Normal: Minor Feature or Functional Issue / General Question
Issue results in a component of Gadget 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 Gadget or feature request.
Business hours are from 9am to 5pm (Eastern time), except where otherwise stated.
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