Last updated: September 6, 2022
This Support and Availability Policy (“SAP”) is subject to and made a part of the Perceptyne Technologies Private Limited Terms and Conditions located at https://perceptyne.ai/terms-conditions (the “Terms”). In the event that any provisions of this SAP contradict or are inconsistent with the provisions of the Terms, the provisions of this SAP shall prevail and govern with respect to the Support Services provided pursuant to this SAP. All capitalized terms used in this SAP and not otherwise defined herein shall have the meanings ascribed to them in the Terms.
1.Definitions
- "Downtime" means the number of minutes during which the Perceptyne Solution is NOT available for use by Customer in an applicable Service Period, excluding: minutes of unavailability during the Maintenance Period, emergency maintenance, and unavailability due to any downtime or performance issues resulting from third-party connections, services or utilities, or other reasons beyond Perceptyne’s control (including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Perceptyne employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Perceptyne’s possession or reasonable control, and denial of service attacks).
- "Error" means a reproducible failure of the Perceptyne Solution to comply in a material respect with the applicable specifications set forth in the Documentation.
- "Maintenance Period" means 24 Hours during which time Perceptyne may conduct scheduled maintenance.
- "Service Availability" means the number of minutes that the Perceptyne Solution is available for use by Customer in an applicable Service Period.
- "Service Period" means twenty-four (24) hours per day Monday through Sunday of each calendar month, excluding any Maintenance Period.
2.Service Level Commitments
- Service Availability Target. For each calendar month, the Service Availability target for the Perceptyne Solution is 99.0% (the “Availability Target”)
- Service Availability Measurement and Monitoring. The Service Availability measurement shall be applied to the production environment, and the points of measurement for all monitoring shall be the servers and the Internet connections at Perceptyne’s hosted environment. Perceptyne will be responsible for monitoring, measuring, and recording Service Availability. Customer, at its discretion, may also employ monitoring tools for the purposes of calculating Service Availability.
- Calculation. Service Availability for a given month shall be calculated using the following formula:Service Availability % = (Service Period – Downtime) / Service Period.
- Credits. If the Availability Target for an applicable calendar month is not met, Customer shall be entitled to a credit (“Service Credit”) calculated as follows: The Service Credit shall be determined by:(a) Multiplying (i) the amount of the fees for the affected Customer Site as a percentage of the fees for all other Customer Sites under the same Order Form, by (ii) the total Perceptyne fees for the applicable Order Form;(b) Dividing that value by the applicable Order Form’s duration (in months); and(c) Multiplying that value by the applicable Credit Percentage set forth below..
- Customer shall only be entitled to receive the Service Credits set forth in this Section 2.4 if Customer notifies the Perceptyne Support Line within seventy-two (72) hours of the occurrence of the applicable Downtime. If Customer fails to provide the applicable notice, then Customer shall not be entitled to receive the applicable Service Credit. Service Credits shall be applied to the subsequent billing cycle. The accrual of any Service Credits shall not entitle Customer to a refund of any fees paid. However, if Customer’s subscription to use the Perceptyne Solution expires or is terminated such that a Service Credit cannot be applied, Customer will have the option to receive up to one free month of access to the Perceptyne Solution as its sole remedy in lieu of such Service Credit.
- Support Services. Support hours are Monday through Friday, 8:00 A.M. to 6:00 P.M. CST within the continental United States (the “Support Hours”). Perceptyne shall, during the Support Hours, use commercially reasonable efforts to respond to and resolve all Errors reported by Customer. Perceptyne shall provide email and live chat support to Customer through Perceptyne’s Solution portal. If the Perceptyne Solution becomes substantially unavailable to Customer due to defects with the Perceptyne Solution, Perceptyne will respond to Customer (a) within eight (8) hours from Customer’s notification to Perceptyne of such unavailability, if during the Support Hours; or (b) within eight (8) hours of the start of the next business day, if outside of the Support Hours. Any other Support Services are outside of the scope of this policy and must be separately agreed upon in writing by Customer and Perceptyne.
3. System Maintenance
- Scheduled Maintenance. Perceptyne will provide all hosted systems and network maintenance as deemed appropriate and necessary by Perceptyne to provide the Perceptyne Solution to Customer in accordance with the terms of this SAP and the Terms. Perceptyne shall use commercially reasonable efforts to perform maintenance during the applicable Maintenance Period. Maintenance activities include, but are not limited to, the installation of updates, service packs, and routine server and application configuration changes. During each Maintenance Period, Customer may experience intermittent interruptions. Perceptyne will use commercially reasonable efforts to minimize the frequency and duration of these interruptions
- Emergency Maintenance. Emergency situations will be handled on a case-by-case basis in such a manner as to cause the least possible disruption to overall system operations and availability without negatively affecting system stability and integrity. Perceptyne will attempt to notify Customer promptly of required emergency maintenance. However, if no contact can be made, Perceptyne management may perform required emergency maintenance without notice to Customer.
4.Customer Responsibilities
- Customer shall report all suspected Errors to Perceptyne’s support staff in accordance with the terms set forth herein. Reports will include, at a minimum, reasonably detailed documentation and explanation to substantiate Errors and to assist Perceptyne in its efforts to diagnose, reproduce, and correct the Error.
- Customer shall assist Perceptyne in its efforts to resolve confirmed Errors reported by Customer as reasonably necessary for Perceptyne to perform its obligations pursuant to this SAP.
