FRESHPAINT SERVICE LEVEL AGREEMENT

Effective as of November 10, 2020.

1. SCOPE OF SLA

1.1 This SLA applies only to Customers that are subscribed to both Freshpaint’s Business Plan and have L3 Support on their specific Order Form. This SLA does not apply to Customers on Free, Trial, or Team plans. This SLA does not apply to Customers on Freshpaint’s Business Plan with L1 or L2 Support on their Order Forms.

1.2 Freshpaint guarantees availability of its Core Services as described below.

2. DEFINITIONS

2.1 Allowed Downtime Interval - additional time for Freshpaint before Customer starts accruing Downtime.

2.2 Core Services - means the services identified in Section 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 specific on each Order Form.

2.4 Downtime - Downtime for Core Services means the Service is available less than the Uptime Commitment period(s) below, measured according to Section 4.3 below.

2.5 Service Credit - a credit on Customer’s fees equal to Downtime (in hours) * (annual fee for Service/hours in 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.

2.6 Other Capitalized Terms - Other capitalized terms that appear in this Service Level Agreement are defined in Freshpaint’s Terms of Service, Privacy Policy, or on Customer’s Order Form.

3. SUPPORT

3.1 Priority Levels and SLAs
Freshpaint shall provide assistance and technical support (“Support”) to Customer as defined in the Order Form. Freshpaint shall use commercially reasonable efforts to respond to problems or support requests according to the following table, which describes the severity level classification for problems and the expected response time for each severity level.
Priority Levels SLA Description Target Response Time Target Resolution Time
S1 Critical production issue that severely impacts Customer’s use of the Service. The situation halts Customer’s business operations and no procedural workaround exists. 1 hour 4 hours
S2 Major functionality is impacted or significant performance degradation is experienced. The situation is causing a high impact to portions of Customer’s business operations and no reasonable workaround exists. 4 hours 1 Business Day
S3-S4 There is a partial, non-critical loss of use of the Service with a medium-to-low impact on Customer’s business, but Customer’s business continues to function. Short-term workaround is available, but not scalable. 1 Business Day 5 Business Days

3.2 Support Hours
Support will be available from 8am to 6pm US Pacific Time, Monday through Friday, excluding holidays (“Business Hours”).

3. CORE SERVICES UPTIME

4.1 Uptime
Freshpaint offers an Uptime SLA for Customers who have this SLA specified as a Platform feature.
Service Description Service Commitment Service Credit
Data Collection SDKs Freshpaint’s APIs for collecting customer data. 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 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 49.7 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

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 of whether a Service Credit is owed. Freshpaint will use commercially reasonable efforts to process claims within 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

6.1 Downtime does not include Service unavailability due to the following: