shiny.reviews Service Level Agreement
The following Service Level Agreement between Shiny Reviews, Inc. (“Shiny Reviews”) and Customer will apply to the Services for Customers with an Enterprise plan during the applicable Subscription Term.
Platform Uptime
1. Uptime Commitment
Shiny Reviews 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 Shiny Reviews (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 Shiny Reviews 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 Shiny Reviews 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 [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 organization name or registered support email address, and the previously reported dates and times that there was no Service Availability. If Shiny Reviews confirms that Customer is eligible for a Service Credit, Shiny Reviews 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 Shiny Reviews’s sole and exclusive liability, for any failure by Shiny Reviews 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, or reasonable emergency maintenance.
4.3 Actual Availability
“Actual Availability” means Scheduled Availability less Unscheduled Downtime.
Support Service Levels
The Shiny Reviews Support team will respond to Enterprise customer issues with the following response times.
| Priority / Description | Target Response |
|---|---|
| Urgent Critical Issue: A defect resulting in full or partial system outage or a condition that makes Shiny Reviews unusable or unavailable in production for all of Customer’s users. | 1 hour 365x24 |
| Normal Functional Issue / General Question: An issue results in a component of Shiny Reviews not performing as expected or documented, or Customer has a general technical issue or question about the Shiny Reviews service. | 24 hours 365x24 |
| Low Minor Issue / Feature Request: An Information request about Shiny Reviews or a feature request. | 1 business day |