Service Level Agreement
This Service Level Agreement (SLA) governs the use of the Service under the provisions of the Service Agreement.
Unless otherwise provided herein, this SLA is subject to the provisions of the Service Agreement.
1. DEFINITIONS
This SLA is a part of the Terms of Service. Terms of Service define words with a special meaning when written with capital letters. Those definitions will also apply to words in this SLA when written in capital letters.
In addition, the following terms shall have the meanings set out below in this SLA:
- “Maintenance” means the scheduled Unavailability of the Services, as announced by Lucidtech prior to the Services becoming Unavailable.
- “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Lucidtech Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA exclusion as set out in this SLA section 5.
- “Service Credit” is a credit denominated in NOK, calculated as set forth below, that we may credit back to an eligible account.
- “Unavailable/Unavailability” is when Lucidtech Services are not running or not reachable due to Lucidtech’s fault.
2. SERVICE COMMITMENT
Lucidtech will use commercially reasonable efforts to make Lucidtech Services running with a Monthly Uptime Percentage of at least 99.6% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions (see clause 5), if Lucidtech do not meet the Service Commitment, the Licensee will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.6% means no more than 172.8 min/month of Unavailability.
Service Credits are calculated as a percentage of the total charges due on the invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
- For Monthly Uptime Percentage less than 99.6% but equal to or greater than 99.0%, Licensee will be eligible for a Service Credit of 10% of the charges attributable to the affected resources.
- For a Monthly Uptime Percentage less than 99.0%, Licensee will be eligible for a Service Credit of 30% of the charges attributable to the affected resources.
For example, if the Service is Unavailable for 400 minutes, Licensee would be eligible for a Service Credit for 10% of that usage for the month.
Lucidtech will apply any Service Credits only against future payments for the licenses otherwise due from Licensee.
Service Credits will not entitle Licensee to any refund or other payment from Lucidtech. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than NOK 100. Service Credits may not be transferred or applied to any other account.
3. SUPPORT AND INCIDENT MANAGEMENT
Lucidtech shall provide support services to the Licensee during the term of the Service Agreement. The support services shall be provided with the standard of skill and care reasonably expected from a service provider in the industry.
Lucidtech may suspend the provision of the support services if any amount due to be paid by the Licensee under this Agreement is overdue, and Lucidtech has given the Licensee at least 30 days written notice.
The support covers incident management, after the Licensee has reported or Lucidtech has discovered incidents or problems in the Service.
Licensee may request for support via email: support@lucidtech.ai.
If emergency request via telephone: +4748186984.
Issues raised through the support services shall be categorized according to Table 1. Lucidtech shall use reasonable endeavors to respond to requests for support, and in any case within the time periods listed in Table 1.
| Category | Description | Max. response time (Working hours (*) / Non-working hours) |
|---|---|---|
| Critical | The Service is inoperable. | 3 hours / 12 hours |
| Serious | Deviations resulting in reduced availability of a core function of the Service. | 6 hours / 24 hours |
| Minor | Deviations from agreed deliveries that do not involve a core function of the Service. | 24 hours / 48 hours |
Table 1. Working hours are defined to be the hours between 07.00 to 17.00 CET.
Lucidtech will respond to the support request with either
- An acknowledgement of receipt of the request
- If possible, an initial diagnosis in relation to any reported error
- If possible, an anticipated timetable for action in relation to the request
Lucidtech shall use all reasonable endeavors to resolve issues raised through the support services.
Licensee shall pay the charges for the support services as set out in the Services Agreement.
4. SOLE REMEDY
Unless otherwise provided in the Services Agreement, the sole and exclusive remedy for any Unavailability, non-performance, or other failure to provide the Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
5. SLA EXCLUSIONS
The Service Commitment does not apply to any Unavailability that results from a suspension or remedial action:
- caused by factors outside of Lucidtech’s reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Lucidtech network
- that results from any actions or inactions of Licensee or any third party
- that results from the equipment, software or other technology of Licensee or any third party (other than third party equipment within Lucidtech’s direct control)
- that results from failures of the Service not attributable to Unavailability
- during Maintenance
If availability is impacted by factors other than those used in Lucidtech’s Monthly Uptime Percentage calculation, Lucidtech may issue a Service Credit considering such factors at its own discretion.