PLATFORM LICENSE AGREEMENT
SUPPORT AND SERVICE LEVELS
1.SERVICE AVAILABILITY PROVISIONS
Customer shall have the right to the Service availability provisions set forth herein.
2. DEFINITION OF AVAILABILITY
“Availability” or “Available” means a user is able to access the hosted (by Parkoursc or its hosting provider) Service. Any period of time for which the Service is not available will be considered “Downtime” with the following exceptions:
2.1 Scheduled maintenance where Parkoursc has provided at least 1 week of lead time and has provided specific information with regard to the anticipated downtime impact, and the downtime duration.
2.2 Any period in which Customer is unable to use the Service due to Customer’s conduct or misuse; and
2.3 Any circumstances outside of the control of Parkoursc or its third party providers, including but not limited to the following:
(a) outages of third party connections or utilities or services (including AWS)
(b) events resulting from an interruption or shut down of the Service due to circumstances reasonably believed by Parkoursc or its third party providers to be a significant threat to the normal operation of the Service, the facility from which the Service is provided, or access to or integrity of Customer’s data (e.g., a hacker or a virus attack);
(c) other activities Customer directs, denial of service attacks, natural disasters, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, acts against parties (including carriers and Parkoursc’s or its third party provider’s other vendors), and other force majeure items;
(d) unreasonable delay by Customer to respond to incidents that require Customer’s participation for source identification and/or resolution, including meeting Customer’s responsibilities for any services.
3. TARGET SERVICE AVAILABILITY
The “Target Service Availability Level” is the Service Availability Level that Parkoursc plans to meet or exceed during each calendar quarter for which Customer is current in its payment obligations to Parkoursc. The “Service Availability Level” is the number of hours during a particular period (as specified in the following sentence) that the Service was Available to Customer, excluding Downtime Events (as defined above), divided by the total number of Available hours during such period (as measured at the end of such period). The Target Service Availability Level is 99.5% in any calendar month.
4.1 Credit. If (a) a “Downtime Event” (meaning the sustained inability of the Service to be Available to Customer for more than thirty (30) consecutive minutes) occurs; (b) within seventy-two (72) business hours of such Downtime Event, Customer logs a service request providing detail regarding the Downtime Event and requesting a Credit, and (c) the Service Availability Level is below the applicable Target Availability Level as measured for the applicable period, Parkoursc will issue to Customer a Credit calculated as set forth in this Section. A “Credit” will be calculated as the pro-rata value of one (1) day’s use of the Service based on Customer’s applicable Service subscription fee for each single Downtime Event with duration greater than or equal to thirty (30) minutes and shorter than or equal to one (1) hour, or each series of intermittent Downtime Events occurring within the same one-hour period. If a Downtime Event or series of intermittent Downtime Events continues for longer than one (1) hour, Parkoursc will issue one (1) Credit for each additional hour of Downtime Events, up to the Maximum Credit. The “Maximum Credit” shall be a total of fifteen (15) Credits in any calendar quarter. Customer will not be eligible to receive multiple Credits for the same service request or as a result of multiple service failures or outages occurring during the same period of time. Credits can be applied by Customer only towards renewals of the Agreement at the end of the current Term. Any Credits that remains unused at the end of a current Term shall be forfeited.
4.2 Sole and Exclusive Remedies. The Credit described in this Section 4 shall be Customer’s sole and exclusive remedy and Parkoursc’s sole and exclusive liability for any breach of the obligations set forth in this section. If Parkoursc meets or exceeds the applicable Target Service Availability Level, Customer shall have no right to obtain Credits.
1. Parkoursc will provide customer support via electronic mail Monday through Friday from 8am through 5pm Pacific Time (“Support Hours”)
2. Customer may initiate a help desk ticket during Support Hours or any time by emailing help@Parkoursc.com or through Parkoursc’s support portal. Response times will be as set forth below.
3. All issues reported to the Parkoursc customer support department will be classified and directed to the appropriate team for resolution. Issues are classified under four severity levels as shown in the table below. The Parkoursc Support agent will determine the severity level based on the description provided by Customer. Once a case is created, Parkoursc will acknowledge the issue to Customer, issue a tracking number, and provide a response in the timeframe set forth below. Parkoursc’s ability to replicate and resolve Customer issues will depend on accurate and detailed information supplied by Customer.
|Severity Level||Severity Definition||Response Time SLA*|
Critical business impact
Customer's production use of our platform on a primary service, major functionality or mission-critical feature is stopped or so severely impacted that the customer cannot reasonably continue work.
Characteristics of Severity Level 1 problems:
System hangs or crash situations
Data loss or data corruptionCritical functionality not available
Significant Business Impact:
Important features are unavailable with no acceptable workaround. Customer's production use of our platform on a primary service, major functionality or mission-critical features are functioning with limited capabilities or are unstable with periodic interruptions. The solution may be operating but is severely restricted.
Characteristics of Severity Level 2 problems:
Error or failure forcing a restart or recovery
Severely degraded performanceFunctionality unavailable but the system is able to operate in a restricted fashion
Minimal Business Impact:
Product features are unavailable but a reasonable workaround exists and the majority of software functions are still usable. Minor function/feature failure that the customer can easily circumvent or avoid. Customer's work has minor loss of operational functionality.
Characteristics of Severity Level 3 problems:
Error message with workaround
Minimal performance degradation
|5 Business Days|
* Only applicable during business hours: 6:00 A.M. to 5:00 P.M. PST (Monday-Friday), excluding US Government holidays. “Response Time” is not a commitment on the time to resolve the problem.
4. Customer will designate named Support Point of Contacts (“Support POCs”) who will be able to initiate support cases. Customer may change support POCs in accordance with its business needs (e.g. employee role changes or turnover).
5. Response time SLA is measured from when a Customer Support POC has emailed help@Parkoursc.io, or raised a support ticket through the support portal, until Parkoursc has acknowledged they have received and reviewed the support case