SERVICE LEVEL AGREEMENT
If not expressly defined in this Service Level Agreement (“SLA”), capitalized terms used herein shall have the meaning
ascribed thereto in the applicable agreement to which this SLA is attached (“Agreement”).
By using the Services, you accept this DPA and you represent and warrant that you have full authority to bind the Customer to this DPA. If you cannot, or do not agree to, comply with and be bound by this DPA, or do not have authority to bind the Customer or any other entity, please do not provide Personal Data to us.
In the event of any conflict between certain provisions of this DPA and the provisions of the Agreement, the provisions of this DPA shall prevail over the conflicting provisions of the Agreement solely with respect to the Processing of Personal Data. Capitalized terms not defined in this DPA shall have the meanings assigned to such terms in the Agreement.
1. General
Yess AI Ltd. (the “Company”) will make best efforts that support personnel will be available to answer questions and
otherwise assist in troubleshooting problems that may occur in the day-to-day use of the Service.
2. Support Services and Channels
Support channels will be available during regular business hours, as agreed between Yess and the customer.
Support is available in English and can be accessed via email or Slack, based on the customer’s preference.
3. Incident response time - Service Level Priority Descriptions
The Company will render support in response to all communications within the response time set forth below, based on
the priority level of the incident according to the terms and response time listed below, either directly or through
Company’s representatives (the “Support Services”).
In this table-
“Response Time” means the duration between the receipt of a support request by Customer and the initial response by Company to the Customer for clarification of the incident.
The Company will make commercially reasonable efforts to meet the Response Time set forth above, and commercially reasonable efforts to provide a resolution of the underlying cause of the incident or any other development or implementation which enables Customer to use the Service at full capacity, as soon as practicable.
4. CONFIDENTIALITY
Processor shall ensure that its personnel and advisors engaged in the Processing of Personal Data have contractually committed themselves to confidentiality.
5. Service Uptime – Availability Service Level
5.1 The Company will provide the Support Services in a manner that meets or exceeds the service levels described herein.
5.2 The Service shall be available no less than 99% of the time twenty-four (24) hours per day, seven (7) days per week, measured on a monthly basis (the “Availability Commitment”).
5.3 “Service Unavailability” is defined as the number of minutes in a given month in which the Service was not
available to the Customer, excluding the exclusions set forth in Section 4.4 herein, as measured by Company’s
monitoring systems.
5.4 Exclusions to Service Unavailability:
(a) Force Majeure, where the Service was unavailable due to an incident which was not within the control of
the Company including unavailability caused by acts of God, acts of government, insurrection, war, riot,
explosion, nuclear incident, fire, flood, earthquake, pandemic, unavailability of telecommunications and
internet service due to general unavailability of telecommunication or internet service provider’s systems
or other catastrophic event beyond the reasonable control of the Company.
(b) The Service was unavailable due to planned maintenance, provided that the Company provides the
Customer at least three (3) days’ advance notice (via email) that the Service shall be unavailable due to
maintenance and/or upgrading.2 of 5
(c) The Service was unavailable due to (a) resulted from Customer’s software, network or hardware or third party, network software or hardware, or both; (b) resulted from abuses or other behaviors that violate the Agreement; (c) caused by Distributed Denial of Service (DDoS) attacks and/or other unlawful activity or
(d) resulted from any actions or inactions of the user (e.g. misconfiguration, not installing patches or bug-
fixes).
6. Service Level Credits
6.1 As a remedy for Service Unavailability, the Company shall credit Customer’s account with the applicable
percentage as set forth in following table of the invoiced amount for the next cycle billing (“Credit”):
6.2 The Credit shall be calculated by multiplying the applicable credit percentage as shown in the table above (the “Credit Percentage”) by the fees payable by Customer to the Company, in the monthly timeframe, in which the Credit is processed.
6.3 The Company will apply a Credit only against Customer’s payments otherwise due from Customer under the
Agreement. A Credit will not entitle Customer to any refund by the Company.
6.4 To receive a Credit, Customer shall submit a Credit request to the Company within ninety (90) days following the monthly timeframe, in which the Service Unavailability occurred. Customer’s failure to provide the request and other information that is essential to determine the scope of the Service Unavailability, set forth above within ninety (90) days of the incident will disqualify customer from receiving a Credit.
6.5 The aggregated maximum number of Credits to be issued by the Company to Customer in a single monthly
timeframe will not exceed 100% of the amount due by Customer to the Company, under the Agreement, for the
applicable month, and the excess amount will be forwarded to next months until credited in full or until no further
payments are due (in such case any excess shall be relinquished).
6.6 Notwithstanding anything elsewhere to the contrary, the award of Credits, as indicated herein and Company’s actions in accordance to Section 3 above, shall be Customer’s sole and exclusive remedies available for Customer for: (1) any failure by Company to meet its obligations under this SLA; and (2) any incident or error in the Service.
7. Changes to this SLA
The Company may modify this SLA, provided the level of service will not materially decrease during the Customer’s subscription term.