Last updated April 29, 2025.
1. SCOPE OF SLA1.1 This Service Level Agreement (“SLA”) describes the commitments Freshpaint provides to its Customers who purchase a subscription to the Freshpaint Services. All capitalized terms used but not defined in this SLA have the meaning given to them in the Terms of Service between Freshpaint and the applicable Customer that reference this SLA (the “Agreement”), unless otherwise defined in the SLA. This SLA applies during the subscription term set forth on the applicable Order Form between Customer and Freshpaint and is subject to such Order Form and the Agreement between the Parties.
1.2 Freshpaint guarantees availability of its Core Services as described below.
2. DEFINITIONS2.1 Core Services -
means the services identified in Section 4 below.
2.2 Downtime - Downtime for Core Services means the Core Service is available less than the Service Uptime Commitment period(s) below, measured according to Section 4.3 below.
2.3 Service Commitment - means the uptime percentage during each calendar month commencing with the first full calendar month following the integration by Customer of the Service specified on each Order Form.
2.4 Service Credit - a credit on Customer’s fees equal to Downtime (in hours) * (annual fee for Service/hours in the applicable year). Service Credits for Core Services are calculated based on the platform fees paid for the current term. Service Credits may not be redeemed for cash and may not exceed 50% of the total monthly fees for that Service in the month that the incident occurred.
3. SUPPORT
3.1 Priority Levels and SLAs
Freshpaint shall provide assistance and technical support (“Support”) to Customer at the level specified in the applicable Order Form. Freshpaint shall use commercially reasonable efforts to respond to problems or support requests according to the following tables, which describe Freshpaint’s severity level classification for problems and the expected response time for each severity level. Freshpaint will classify any reported issues reasonably in accordance with the descriptions set forth below in its sole discretion. To receive assistance, Customer should send an email to Freshpaint’s Support Team at
support@freshpaint.io during Business Hours (defined below), cc’ing their dedicated Account Manager, and describe the nature of the issue being experienced in detail. For emails received outside Business Hours, assistance will still be provided; however, the first direct support ticket response timeline shall commence at the start of the next business day (i.e. at 9:00 a.m. Eastern Time) regardless of the actual receipt time. Freshpaint’s representatives will assess the Priority Level of the issue based on the error description provided.
Compliance / Level 1Hours: 9am-8pm ET Mon-Fri
| Severity |
Description |
First Response |
Subsequent Updates |
| P0 (Critical) |
Critical production issue that causes a complete outage or critical failure of any of the Core Services and/or prevents Customer’s access to Customer Data. The situation halts Customer’s business operations, and no procedural workaround exists. |
4 Business Hours |
4 Business Hours |
| P1 (High) |
Critical production issue that severely impacts Customer’s ability to use the Service. A procedural workaround exists and/or only specific features are impacted. |
2 Business Days |
3 Business Days |
| P2 (Medium) |
Some level of performance degradation is experienced and Service functionality is degraded, but not critically blocked. |
3 Business Days |
4 Business Days |
| P3 (Low) |
Minor issues, general questions, feature requests, or cosmetic bugs that do not impact functionality of the Service. |
4 Business Days |
5 Business Days |
Enterprise (all Levels)
Hours: 9am-8pm ET Mon-Fri
| Severity |
Description |
First Response |
Subsequent Updates |
| P0 (Critical) |
Critical production issue that causes a complete outage or critical failure of any of the Core Services and/or prevents Customer’s access to Customer Data. The situation halts Customer’s business operations, and no procedural workaround exists. |
4 Business Hours |
4 Business Hours |
| P1 (High) |
Critical production issue that severely impacts Customer’s ability to use the Service. A procedural workaround exists and/or only specific features are impacted. |
6 Business Hours |
6 Business Hours |
| P2 (Medium) |
Some level of performance degradation is experienced and Service functionality is degraded, but not critically blocked. |
1 Business Day |
1 Business Day |
| P3 (Low) |
Minor issues, general questions, feature requests, or cosmetic bugs that do not impact functionality of the Service. |
2 Business Days |
2 Business Days |
Elite / Level 3
Hours: 9am-8pm ET Mon-Fri
| Severity |
Description |
First Response |
Subsequent Updates |
| P0 (Critical) |
Critical production issue that causes a complete outage or critical failure of any of the Core Services and/or prevents Customer’s access to Customer Data. The situation halts Customer’s business operations, and no procedural workaround exists. |
2 Business Hours |
2 Business Hours |
| P1 (High) |
Critical production issue that severely impacts Customer’s ability to use the Service. A procedural workaround exists and/or only specific features are impacted. |
4 Business Hours |
4 Business Hours |
| P2 (Medium) |
Some level of performance degradation is experienced and Service functionality is degraded, but not critically blocked. |
6 Business Hours |
6 Business Hours |
| P3 (Low) |
Minor issues, general questions, feature requests, or cosmetic bugs that do not impact functionality of the Service. |
1 Business Day |
1 Business Day |
3.2 Support Hours
Support will be available from 9am to 8pm US Eastern Time, Monday through Friday, excluding Holidays (“Business Hours”).
4. CORE SERVICES UPTIME
4.1 Uptime
Freshpaint shall maintain commercially reasonable, industry-standard, comprehensive monitoring tools and procedures to continuously assess the performance of the Core Services provided. These monitoring activities are conducted by the engineering team and include real-time tracking of and response to key performance indicators such as system uptime, error rates, and other relevant metrics. Customers may elect to receive real time alerts and updates via email, Slack, Microsoft Teams, Google Chat, RSS, Atom, or Webhooks from Freshpaint regarding any major outages (Services are out for all Customers), partial outages (Services are out for a subset of Customers), or degraded performance (Services are operational for all Customers but are delayed or operating at lower capacity) impacting the Core Services and their resolution by signing up using the “Get Updates” button on the Freshpaint status tracker available at
https://status.freshpaint.io/. Freshpaint offers the following uptime Service Commitment:
| Core Service |
Description |
Service Commitment |
Service Credit |
| Data Collection |
Freshpaint’s APIs for collecting Customer Data. |
99.9% |
1 hour credit against platform fees per hour of Downtime |
| Destinations |
Freshpaint tools used to send Customer Data to App, Warehouse and Advertising Destinations. |
99.9% |
1 hour credit against platform fees per hour of downtime. |
| Video Hosting |
Freshpaint’s self-hosted video streaming solution for Customers. |
99.9% |
1 hour credit against platform fees per hour of downtime. |
| Freshpaint UI |
The Freshpaint User Interface. |
99.9% |
1 hour credit against platform fees per hour of downtime. |
| Maps |
Freshpaint's HIPAA compliant embedded map and location services APIs. |
99.9% |
1 hour credit against platform fees per hour of downtime. |
| Warehouses |
Freshpaint supported Data Warehouse Destinations that give Customers direct access to their Freshpaint data. |
99.9% |
1 hour credit against platform fees per hour of downtime. |
| Web Tracker Monitoring |
Freshpaint tool giving Customers visibility to Web Trackers installed across their websites. |
99.9% |
1 hour credit against platform fees per hour of downtime. |
4.2 Service Credits
If one Core Service has Downtime, Customer will receive a Service Credit against the entire platform fee even if the other Core Services are working. If more than one Core Service is down, Customer will receive one Service Credit against the entire platform fee, not multiple credits.
4.3 Service Commitment Calculation
The Service Commitment will be calculated as follows: the number of minutes the Core Services are accessible and not suffering from a downtime as reported to Company by Customer during each calendar month, divided by the total number of minutes in the calendar month. A monthly uptime percentage of 99.9% means that we will use commercially reasonable efforts to ensure that you will experience no more than 43 minutes and 28 seconds of downtime per month, excluding Holidays and any scheduled maintenance. However, any Downtime Customer experiences resulting from outages of third-party connections or utilities or other reasons beyond Freshpaint’s control will be excluded from any such calculation.
5. CLAIMS FOR SERVICE CREDITS
5.1 Customer must submit claims to Freshpaint Customer Support (support@freshpaint.io) along with all information necessary for Freshpaint to validate each claim, including: (i) a detailed description of the incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of Customer’s attempts to resolve the incident.
5.2 Freshpaint must receive the claim within two months of the end of the month in which the incident occurred.
5.3 Freshpaint will evaluate all reasonably available information and make a good faith determination as to whether a Service Credit is owed. Freshpaint will use commercially reasonable efforts to process claims within forty-five (45) days of receipt. Customer must be in compliance with the Agreement to be eligible for Service Credits. If a Service Credit is owed to Customer, Freshpaint will apply the Service Credit to Customer’s subsequent service term or to any additional Services added during the current term.
5.4 If Customer experiences Downtime for multiple Services, they must submit a separate request for each Service. Service Credits are Customer’s sole remedy for performance or availability issues for any Service under the Agreement and this SLA.
6. LIMITATIONS AND EXCLUSIONS
Downtime does not include Service unavailability due to the following:
- Maintenance requested by Customer, scheduled maintenance, or unscheduled emergency maintenance, either by Freshpaint or by third-party providers. Freshpaint will provide seven (7) days advance notice in writing or by e-mail of scheduled maintenance, not to exceed twenty-four (24) hours per month.
- Failure of equipment, software, or other parts of the Service not listed as a Core Service.
- Outages of third-party connections or utilities or other reasons beyond Freshpaint’s reasonable control.
- Customer use of equipment, software, or the Service in a manner not authorized or recommended by Freshpaint.
- Customer actions which delay, hinder, or otherwise prevent Freshpaint from providing Services, such as the removal of Freshpaint’s access to Customer data sources or warehouses.
- Unavailability of the Service as a result of unsupported equipment, software, or other third-party services which are not fully functional. This includes, but is not limited to, undocumented API changes, API limits, or sync failures due to new or changed data formats or mapping that disrupts processes.
- General Internet problems, force majeure events, or other factors outside of the reasonable control of Freshpaint (such as denial of service attacks or third-party service outages).
- Termination of Customer access to Freshpaint due to Customer’s breach of any of its agreements with Freshpaint, or Freshpaint’s responses thereto.
- Freshpaint’s blocking of data communications or other Services in accordance with its policies shall not be deemed to be a failure of Freshpaint to provide adequate availability levels under this Agreement.
- The Service is an alpha, beta release, early access or other pre-production release of a component of the Services to which Customer has been granted access on an evaluation basis.
