This VoiceIt Technologies API Service Level Agreement ("SLA") governs the use of the VoiceIt Technologies API under the terms of the VoiceIt Technologies Terms of Service (the "TOS") between VoiceIt Technologies, Inc. ("VoiceIt Technologies", "us" or "we") and users of the VoiceIt Technologies API ("you" or "Customer"). This SLA applies separately to each account using the VoiceIt Technologies API. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. VoiceIt Technologies reserves the right to change the terms of this SLA in accordance with the TOS.
VoiceIt Technologies will use commercially reasonable efforts to make the VoiceIt Technologies API available 99.95% of the time. In the event VoiceIt Technologies does not meet the goal of 99.95% API availability in a given calendar month ("Monthly Uptime Percentage"), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
2.1 "Unavailable Time" means the VoiceIt Technologies API is not available for use according to third party performance and monitoring services contracted by VoiceIt Technologies at its sole discretion (the "Monitoring Service"). The Monitoring Service reports of availability is currently available at https://siv.voiceprintportal.com/status.jsp provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
2.2 "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the VoiceIt Technologies API was in a state of "Unavailable Time" as identified by Monitoring Service
2.3 A "Service Credit" is a dollar credit, calculated as set forth below, that VoiceIt Technologies may credit back to an eligible Customer account:
For a calendar month where the Uptime Monthly Percentage, as identified by Monitoring Service, VoiceIt Technologies, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer's account a percentage of that month's billings, as defined by this table:
Service Credit shall be issued to Customer's VoiceIt Technologies balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
To apply for a Service Credit, the customer must submit an email to email@example.com within 30 days of the month in which the Unavailable Time occurred. The email must include (i) "SLA Claim" as the subject of the email; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the VoiceIt Technologies API, or any other VoiceIt Technologies API performance issues, that (i) are caused by factors outside of VoiceIt Technologies's reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of VoiceIt Technologies or its direct hosting subcontractors (i.e beyond the point in the network where VoiceIt Technologies maintains access and control over the VoiceIt Technologies Services); (ii) result from any actions or inactions of Customer or any third party (other than VoiceIt Technologies's direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within VoiceIt Technologies's direct control); or (iv) arise from VoiceIt Technologies's suspension and termination of Customer's right to use the VoiceIt Technologies Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available VoiceIt Technologies features or products (collectively, the "Exclusions").
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the VoiceIt Technologies Services or other failure by us to provide the VoiceIt Technologies Services.