Service Level Policy

Last Modified: July 25, 2020

1.     POE SERVICE LEVEL POLICY: Applicable for POE Services

1.1    Availability. POE Services will be available 99.9% of the time per calendar quarter, except for any downtime due to Maintenance or Service Interruptions (“Uptime Availability”).   For any partial calendar quarter during which you subscribe to Services that include POE Services, Uptime Availability will be calculated based on the entire calendar quarter, not just the portion for which you subscribed. In addition, unavailability for some specific features or functions within the POE Services, while others remain available, will not constitute unavailability of the POE Services, so long as the unavailable features or functions are not, in the aggregate, material to the POE Services as a whole.

1.2    Degraded Capability During Maintenance. Maintenance of POE Services will be performed in a manner that maintains the ability to access our POE Service API’s to respond to client applications, but these API’s may perform with degraded capabilities during the maintenance period, including, but not limited to, returning results to API requests with partial or no data and delays in processing or persistently storing data that has been collected.

2.     GENERAL SERVICE LEVEL POLICY: Applicable for Control Plane and Data Plane Services

2.1    Availability. Control and Data Plane Services will be available 98.9% of the time per calendar quarter, except for any downtime due to Maintenance or Service Interruptions (“Uptime Availability”).  For any partial calendar quarter during which you subscribe to the Service, Uptime Availability will be calculated based on the entire calendar quarter, not just the portion for which you subscribed. In addition, unavailability for some specific features or functions within the Services, while others remain available, will not constitute unavailability of the Services, so long as the unavailable features or functions are not, in the aggregate, material to the Services as a whole.

3. DEFINITIONS

“General Support Incidents” are issues other than Urgent Support Incidents that would be assigned priority 2-5 under ISO 20000 standards.

 “Order Form” means a document detailing the Services to be provided by us, the fees associated therewith, the Service Term, and any other transaction-specific terms and conditions. Any and all mutually executed Order Form(s) are deemed incorporated herein by this reference. Each Order Form is intended to define a separate contract particular to that order, incorporating by reference the terms and conditions of the applicable portions of this TOS. An Order Form may also contain other terms or conditions which apply specifically to that particular order/contract. You agree that each Order Form will be signed by a representative having the authority to bind you, and that we may presume that such representative has such authority. A binding order is created when we accept and countersign an Order Form signed by you.

 “Control and Data Plane Services” mean the services, API’s and components of the aqfer Service that are not POE Services, including, but not limited to, bulk analytic API’s and queries, control plane API’s that perform administrative and configuration functions, or services for accessing, developing, deploying or maintaining data in the aqfer MDP data lakes or data marts.

“Maintenance” means any scheduled maintenance on the Services or any unplanned maintenance lasting less than 15 minutes.

 “POE Services” mean the point of engagement (“POE”) services that impact a current consumer or end business customer’s experience. Specifically, these services are 1) the aqfer Universal Tag beacon API for collecting information over HTTP and 2) the aqfer.IO API’s for retrieving, updating or storing data. For the avoidance of doubt, it does not include bulk analytic API’s and queries, control plane API’s that perform administrative and configuration functions, or services for accessing, developing, deploying or maintaining data in the aqfer MDP data lakes or data marts.

 “Service Term(s)” means the Order Form-specified period(s) during which Users may use the Service.

“Services” means the specific services provided by us, as set forth on an Order Form.

“Service Interruptions”  mean time periods when the Services may be unavailable as a result of circumstances beyond our reasonable control, including without limitation, your actions, our vendors or providers, acts of God, acts of government, flood, fire, pandemics, endemics, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees).

“Service Term(s)” means the Order Form-specified period(s) during which Users may use the Service.

“User” means your employees, representatives, consultants, contractors, or agents who are authorized by you to use the Services and have been supplied user identifications and passwords by you (or by us at your request).