Service Level Agreement
Indivd SLA. During the Term of the applicable Indivd Customer Agreement (“Agreement”), the Services will be operational and available to Customer at least 98% of the time in any calendar month. If Indivd does not meet the Indivd SLA, and if Customer meets its obligations under this Indivd SLA, Customer will be eligible to receive the Service Credits described below.
Definitions. The following definitions shall apply to the Indivd SLA.
- “Services” means Indivd Services such as Indivd CX Platform and Indivd People Counting.
- “Maintenance” means scheduled Unavailability of the Services, as announced by us 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 Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
- “Unavailable” and “Unavailability” mean, for Services, when your service or database is not running or not reachable due to Indivds fault.
“Service Credit” means a credit denominated in SEK, calculated as set forth below, that we may credit back to an eligible customer, in accordance with the schedule below:
Monthly Uptime Percentage
Eligible Service Credit
< 98.0 %
10% of the fees attributable to the affected resources
Service Credits are calculated as a percentage of the total fees due for the monthly plan in which the Unavailability occurred, applied proportionally to the Services that were Unavailable.
For example, if you have a service that is Unavailable for 25 minutes, you would be eligible for a Service Credit for 10% of that service’s usage for the month.
We will apply any Service Credits only against future payments for the Services otherwise due from you. Service Credits will not entitle you to any refund or other payment from Indivd. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly plan is greater than one Swedish krona (1 SEK). Service Credits may not be transferred or applied to any other customer.
Sole remedy. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failures by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the Agreement of this SLA.
Payment procedures. To receive a Service Credit, you must submit a claim by emailing support@Indivd.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include the words “SLA Credit Request” in the subject line, and the dates and times of each Unavailability incident that you are claiming. If the Monthly Uptime Percentage of such a request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
SLA Exclusions. The Service Commitment does not apply to any Unavailability that results from a suspension, as described in the Agreement, is caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Indivd network; that results from any actions or inactions of you or any third party, that results from the equipment, hardware, software or other technology of you or any third party (other than third party equipment within our direct control), that results from failures of Services not attributable to Unavailability or that results from any Maintenance.
Other Factors. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.