Service Level Agreement (“SLA”) 

1. Service Level Agreement

1.1. This Service Level Agreement sets forth the service level availability commitment for the System.

1.2. Optimove makes no commitment under this Schedule for the performance of the System, including without limitation, the quality or speed of response, to the extent adversely affected by any third-party services or systems external to Optimove’s System, except where the responsibility for service provision or fault correction expressly lies with Optimove, as provided herein.

1.3. All service or support requests for failures of the System (each a “Failure”) shall be submitted by the Client to Optimove through email or any other method of communication as may be defined by Optimove from time to time (“Service Requests") and as specified in the section below entitled "Service Requests". 

1.4. Optimove will make commercially reasonable efforts to provide a resolution or workaround for Failures reported by the Client according to the severity of the Failure, as per the Failure Level matrix specified below (“Failure Level”).  Failure Levels will be initially reported by the Client and the actual Failure Level will be determined by Optimove. 

2. Service Commitment

Optimove will make commercially reasonable efforts to ensure that the Uptime of the System equal or exceed 99.9%. 

 “Uptime” is calculated as follows:

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3. Definitions

 Downtime” means the Total Minutes in the month during which the System is not available, except for Excluded Downtimes.

 “Month” means calendar month.

 Total Minutes” are measured 24 hours at 7 days a week during a Month.

4. Excluded Downtime

Excluded Downtime means the Total Minutes in a Month attributable to:

4.1. a Scheduled Downtimefor which the Client has been notified through the Optimove’s ‘status page’ (to which the Client must subscribe to receive the applicable notifications) at least five (5) days prior to such Scheduled Downtime; or

4.2. any urgent updates which are required for material situations, such as security purposes or to avoid critical incidents; or

4.3. unavailability caused by factors outside of Optimove’s reasonable control, such as unpredictable and unforeseen events that could not have been avoided even if reasonable care had been exercised; or

4.4. problems resulting from (a) Client’s actions or inactions, (b) Client’s equipment and/or third-party equipment/services to the extent not within Optimove’s control, or (c) the unavailability of or problems with the Internet or other data network.

5. Support Services - Hours of Coverage

Optimove shall use commercially reasonable efforts to ensure that support services addressing Service Requests and Failures shall be available 7 days per week, as follows:

  • Monday to Friday: Support is available from 05:00 UTC on Monday to 03:00 UTC on Saturday.

  • Saturday & Sunday: Support is available from 05:00 UTC to 22:00 UTC each day.

6. Service Requests

6.1. Service Requests shall be submitted to Optimove through email at support@optimove.com, or any other method which may be provided to Client by Optimove from time to time.

6.2. Upon submission of a Service Request, the Client’s contact person shall be available to Optimove at reasonable times in order to assist and/or evaluate alternative solutions to the Failure, and/or accept an offered method to resolve the Failure.

7. Failure Levels

Failure Level

Description

Target Response Time 

P0*

 

Outage of the System which completely prevents Client from using the Services.

Up to 1 hour

P1*

 

Major functionality issue that completely prevents the Client from executing all campaigns specifically from the Optimove's native channels.

Up to 4 hours

P2

There is a partial, non-critical degradation of the Services, however the platform continues to function.  Short-term workaround is available.

Up to 24 hours

*Optimove has 24/7 monitoring and incident response for P0 and P1 failures.

Failure does not include:

  • Failure caused by the Client's acts or omissions; or
  • Failure caused by Force Majeure as defined in the Agreement; or
  • Failure due to factors outside Optimove's reasonable control attributable to Client, any of its third-party vendors, third party software defects, or any other third party not under Optimove’s responsibility or control.