Service Level Agreement

Service Levels

Spekit shall provide Customer with 99.9% availability to the Service, excluding holidays, weekends, and scheduled maintenance (the “Service Availability”). Spekit shall provide Customer with email support (“Service Support”). Service Support shall only include assistance with issues which are exclusively due to an error with the Service (i.e., a failure of the Service to conform to the written specifications provided by Spekit). Any support outside the scope of Service Support shall be provided by Spekit on a time and materials basis. The Service Availability will be measured on a monthly basis, with all hours weighted equally.

Boundaries and Exclusions

The Service Availability metric shall not apply to performance issues caused by the following:

1. Overall Internet congestion, slowdown, or unavailability
2. Unavailability of generic Internet services (e.g. DNS servers) due to virus or hacker attacks
3. Force majeure events including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Spekit employees)
4. Actions or inactions of Customer (unless undertaken at the express direction of Spekit) or third parties beyond the control of Spekit including without limitation, application store update delays
5. A result of Customer equipment or third-party computer hardware, software, application platform or network infrastructure not within the sole control of Spekit
6. Spekit Beta Services
7. Scheduled infrastructure maintenance

Error Response Times

An “Error” means an error in the Services which significantly degrades the Services.  For each Error reported by Customer, Spekit shall assign an impact level to such Error in its discretion in accordance with the table below, and respond to Customer and provide status updates regarding the Error.

Classification: Level 1

Description: The Services are completely unavailable or performance is so poor as to render the Services unusable.

Target Resolution: Within 12 hours

Classification: Level 2

Description: Important loss of service that causes major inconvenience to a majority of users. A major software function is experiencing a reproducible problem that causes a major inconvenience to the customer.

Target Resolution: Within 72 hours

Classification: Level 3

Description: Minor loss of service or minor error. The impact is an inconvenience that may require a workaround to restore functionality or is a minor error, incorrect behavior, or a documentation error that does not impede the operation of the product.

Target Resolution: Next bug fix or production release, if applicable

Classification: Level 4

Description: All other problems with the Services other than those that fall within the categories listed above.

Target Resolution: TBD on a case-by-case basis

Service Credits

If the Service is unavailable to Customer (Level 1 or Level 2) due to defects with the Service outside of the Service Availability metric, Spekit will credit Customer with 10% of the prorated monthly subscription amount (“Service Credits”). Service Credits will be applied to future payments. In order to receive service credits, Customer must notify Spekit in writing within seventy-two (72) hours from the time of downtime or response failure (as applicable), and failure to provide such notice will forfeit the right to receive Service Credits. Service Credits will expire upon any termination or non-renewal of the Agreement by Customer. Service Credits are the sole and exclusive remedy for any failure by Company to meet its obligations under this Service Level Agreement.