Service Level Agreement
Last Updated: March 1st, 2023
1. INTRODUCTION AND DEFINITIONS
This Service Level Agreement ("SLA") defines the responsibilities of the Company with regard to standard support and maintenance offering, with respect to the Company's Platform (the “Software”). This SLA forms an integral part of the commercial agreement executed between the Customer and the Company on September 1, 2020 (the “Agreement”).
"Customer" refers to a customer of the Company who purchased a license to use the Software, and
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such purchase includes Support and Maintenance services for no additional consideration, or
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such customer paid additional fees for Support and Maintenance services.
“Support” refers to Company’s responsibilities to address questions and issues related to the Company's Software components.
“Maintenance” refers to Customer's rights to receive bug fixes and version updates for the Software.
“Downtime” or “Downtime Incident” means the time in which the Software is unavailable to the Customer as measured and determined solely by the Company. Downtime Incidents exclude: (a) planned downtimes announced at least 72 hours in-advance by Company, including without limitation, for periodic upgrade and maintenance; and/or (b) any time during which the Company is awaiting information from the Customer, or awaiting Customer's confirmation that the Software has been restored.
2. SUPPORT HOURS AND CHANNELS
Standard support is provided via email and during regular business hours, Israel Daylight Time (IDT). On-site support is not included in such framework.
2.1 Support Hours
Support hours are Sunday through Thursday; 9:00am to 5:00pm, excluding public holidays.
2.2 Support Channels
Please send all support emails to support@nemodata.ai
3. SEVERITY LEVELS AND EXPECTED RESPONSE TIME.
The Company guarantees a specific response time according to the severity of the reported issue. The following table defines the severity levels and the maximum response times guaranteed by the Company's support team:
Severity Level: 1
Critical Flaw: A Critical Flaw shall be defined as a flaw adhering one or more of the following conditions: (i) it results in a total failure of the Software or of Customer's systems; or (ii) it creates a situation that does not allow enabling at least one substantial feature of the Software.
Initial Response time: Up to 4 hours
Severity Level: 2
Major Flaw: A Major Flaw shall be defined as a flaw adhering one of more of the following conditions: (i) it severely impairs systems the Software interacts or their material functionality; (ii) it creates a substantial flaw in Customer's ability to provide its services; or (iii) it causes a system restart that impairs the services or the operation of certain features of Customer's system, more than once a day.
Initial Response time: Up to 8 hours
Severity Level: 3
Minor Flaw: A Minor Flaw shall be deemed as any other flaw.
Initial Response time: Up to 4 business days
Severity Level: 4
All non-service-impacting issues such as documentation or product enhancement requests, questions, etc.
Initial Response time: Up to 10 business days
4. MAINTENANCE
As part of Maintenance services provided by the Company hereunder, the Company shall make available to Customer any updates to the Software, if and when the Company makes such updates generally available to its other customers then covered by Maintenance services with similar terms as the terms of this SLA.
Company will make efforts to implement or release updates and upgrades to the Software outside of normal business hours.
The Company version release policy:
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Major version upgrades may include significant capabilities or feature enhancements. Major upgrades also include accumulated bug fixes. The Company will provide Customer with a 10-business days' notice prior to the release of such Major versions.
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Minor version upgrades may include aggregated bug fixes and/or minor functionality enhancements. The Company will provide Customer with a 3-business days' notice prior to the release of such Minor versions.
Note that the Company shall have no responsibility to repair any Software damages or other defects that were caused due to the Customer's failure to use updated versions that were provided by the Company specifically in order to avoid such damages or defects.
5. EXCLUSIONS
The Company's obligations under this SLA do not apply to any: (a) Software provided for evaluation purposes (unless otherwise explicitly set forth in the Agreement); (b) features or services which are not included in the Software; or (c) Downtime Incidents that: (i) are explicitly excluded under this SLA; (ii) are caused by factors beyond the Company's reasonable control; (iii) resulted from Customer’s software or hardware that would have been prevented but for such Customer's software or hardware; (iv) resulted from the Customer's own management or misuse of the Software; (v) resulted from third party software or hardware, the use of which was not approved by the Company in advance; or (vi) resulted from violation by Customer of the Agreement.
6. ADDITIONAL SERVICES THAT ARE NOT INCLUDED IN THE SLA
Services under this SLA specifically exclude the following services, which shall be separately billed as detailed in the Agreement or the Customer's order: (i) on-site installation and deployment, (ii) on-site engineering services, (iii) instructions of any kind (other than basic assistance with installation) relating to the use of the Software, (iv) Software training, and (iv) general consulting and assistance regarding the operation of the Software or its functionality, which do not relate to a flaw.
7. SUPPORT PROVIDED BY THIRD PARTIES
To the extent customer purchased support/maintenance services directly from third parties (the "Third Party Providers"), the company makes no representations with respect thereto, and the customer hereby waives any claims related to any services that the Third Party Providers may provide to the customer.
Any rights granted to customer under any contract or purchase order between the customer and Third Party Providers that are not explicitly provided herein, apply only in connection with such third parties, and not the company.
The company disclaims any warranties or representations provided or made to the customer by the Third Party Providers. Such warranties and representations are the sole responsibility of the Third Party Providers.
One City Center
110 Corcoran St.
Durham, NC 27701
United States of America
HaHarash St 20
Tel Aviv-Yafo
Israel