This Apideck Service Level Agreement and System Support Plan (“SLA”) is issued and is subject to the terms of the SaaS Services Agreement (the "Agreement"). Unless otherwise provided herein, capitalized terms will have the meaning specified in the Agreement. Apideck reserves the right to change the terms of this SLA from time to time. Any such updates will not materially reduce the Service Commitment or Service Credit entitlements during a then-current subscription term.
This Service Level Agreement applies only to Customers who have purchased a subscription plan that expressly includes a service level agreement, as specified in the applicable Order Form or subscription plan description. This SLA does not apply to free trials, beta access, proof-of-concept access, or any Services provided without charge.
Capitalized terms not defined in this SLA and Support Guidelines will have the meaning stated in the Agreement.
Definitions
- “Monthly Uptime Percentage” shall mean the total minutes in a calendar month minus the total minutes of Unavailability in such a calendar month, multiplied by 100, and then divided by the total minutes in such a calendar month.
- "Unavailable" or "Unavailability" shall mean a material failure of the core Apideck Services to perform in accordance with their intended functionality for a continuous period of longer than five (5) minutes, resulting in Customer’s inability to access or use the Services. Unavailability does not include partial degradation, reduced performance, or the unavailability of specific features, endpoints, or integrations that does not materially impair the overall use of the Services. The Apideck SLA Exclusions (defined below) do not constitute Unavailability for purposes of this SLA.
- “Service Commitment” shall mean the Monthly Uptime Percentage to which Apideck commits the service.
- “Service Credit” shall mean a monetary credit, calculated as set forth below, that Apideck may credit back to you. Service Credits are calculated as a percentage of one-twelfth (1/12) of the total charges paid by you as subscription fees on an annual basis.
Service Commitment
Apideck will be available with a Service Commitment of at least 99.9%, during any calendar month of service. In the event Apideck does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Apideck SLA Exclusions
The Service Commitment does not apply to any Apideck unavailability that: (i) is caused by factors outside of Apideck’s reasonable control, including any force majeure event; (ii) results from your acts or omissions, equipment, software or other technology and/or third party equipment, software or other technology as such is not permitted by the Agreement and/or the Apideck Terms; (iii) arises from suspension of your right to use Apideck in accordance with the Agreement and/or the Apideck Terms, and (iv) routine scheduled maintenance provided that Apideck will use commercially reasonable efforts to provide advance notice of such scheduled maintenance where practicable.; (collectively, the “Apideck SLA Exclusions”).
Measurement
Apideck uses a proprietary system that consists of both internal and 3rd party monitoring services to measure Monthly Uptime Percentage. You agree that this system will be the sole basis for resolution of any dispute that may arise regarding this SLA.
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 99.9% but equal to or greater than 99.0% | 2% |
| Less than 99.0% but equal to or greater than 97.0% | 5% |
| Less than 97.0% | 10% |
Service Credits will only be provided against future payments by you for Apideck. For clarity, Service Credits are calculated based on the monthly equivalent of the subscription fees paid for the affected Services during the applicable calendar month, and not on the total contract value. If the Unavailability occurs during the last month of the then-current Subscription Term, and either party has opted not to renew), we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred.
Except as indicated in the foregoing, Service Credits will not entitle you to any refund or other payment from us. A Service Credit will be issued only if the credit amount for the applicable calendar month exceeds the equivalent of $25 (twenty five USD). Service Credits may not be transferred or applied to any other accounts using Apideck. Your sole and exclusive remedy for any Unavailability is the Service Credit (if eligible) in accordance with the terms of this SLA.
Support Response Time Commitment
We will use commercially reasonable efforts to respond to requests from you regarding errors with Apideck that are made between 9:00am-5:00pm within the following timeframes following confirmed receipt by us of an error support request, and we shall use commercially reasonable efforts to provide a resolution commensurate with the Severity Level of the error.
| Severity Level | Criteria | Response Time |
|---|---|---|
| Level 1 | Substantially impacts your use of Apideck, and for which no workaround exists | 30 minutes |
| Level 2 | Substantially impacts your use of Apideck, but for which a workaround may exist | 3 hours |
| Level 3 | Non-material impact to your use of Apideck for which a workaround may exist | 12 hours |
| Level 4 | Low impact/nuisance that does not affect your use of Apideck | 24 hours |
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by opening a case in the Apideck support center. The Service Credit request must be used by the end of the second billing cycle after which the incident occurred and must include the dates and times of each claimed Unavailability incident.
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which the Unavailability is confirmed. Your failure to provide the request and any other reasonably requested information will disqualify you from receiving a Service Credit.
Support Scope Extensions
For purposes of this SLA, “errors” do not include, and Apideck shall have no response or resolution obligations with respect to: (i) requests for new features or enhancements; (ii) questions related to configuration, implementation, or use of the Services that are not attributable to an error; (iii) issues caused by third-party services, integrations, networks, or systems not controlled by Apideck; or (iv) issues arising from Customer’s misuse of the Services or use of the Services in violation of the Agreement or documentation.