DISPL Service Level Agreement for SaaS Products

1. service level commitment

   During the Subscription Term for which DISPL has agreed to provide a relevant DISPL SaaS Software Product to you, we will use commercially reasonable efforts to provide a Monthly Uptime Percentage to you of at least 99.0% (“Service Level Commitment”).  

2. Service Credits

   (a) If we confirm there is a failure to meet a Service Level Commitment in a particular calendar month and you make a request for service credit within fifteen (15) days after the end of such calendar month, you will be entitled to a credit based on (a) the monthly fees invoiced for the affected SaaS Product you have provisioned in the month experiencing such failure, if you have a monthly subscription plan or (b) 1/12 of annual fees invoiced for the affected SaaS Product you have provisioned, if you have an annual plan (“Service Credit”). To receive a Service Credit, you must submit a ticket at https://support.displayforce.ai/ with all fields fully and accurately completed, and provide any other reasonably requested information or documentation. Our monitoring and logging infrastructure is the source of truth for determining Monthly Uptime Percentage, errors and whether we have met the Service Level Commitment. All calendar months will be measured in the CET time zone.
   (b) The Service Credit will be calculated as set forth herein:
   Monthly Uptime Percentage*

   Service Credit (% of monthly fees for affected SaaS Products)

   Less than 99.0% but greater than or equal to 97.0%

   5%

   Less than 97.0% but greater than or equal to 96.0%

   10%

   Less than 96.0% but greater than or equal to 92.0%

   25%

   Less than 92.0%

   50%
   * Monthly Uptime Percentage values are calculated independently for each relevant SaaS Product.
   We will apply each Service Credit against a future payment otherwise due from you for the affected SaaS Product, provided that your account is fully paid up, without any outstanding payment issues or disputes. No refunds or cash value will be given for unused Service Credits. Service Credits may not be transferred or applied to any other DISPL account or product instance. The aggregate maximum Service Credits applied to an invoice will not exceed 100% of the amount invoiced for the affected SaaS Product in that invoice billing period (as opposed to the actual month in which the affected SaaS Product was unavailable). We reserve the right to deny a Service Credit if you do not qualify for one.
   (c) If you ordered SaaS Product through a Reseller or Distributor, (x) you or the Reseller Distributor remain responsible for submitting a ticket as set forth in Section 2(a) above; and (y) any Service Credits will be based on the fees invoiced to the Reseller/Distributor for your use of the affected SaaS Product under its applicable order(s) with us, we will issue any associated Service Credits to the Reseller or Distributor (not directly to you), and the Reseller or Distributor will be solely responsible for issuing the appropriate amounts to you. Section 2(b) applies to the Reseller /Distributor and its applicable orders and invoices with us.

3. Exclusions

   You will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Commitment will not include unavailability to the extent due to: (a) your use of the SaaS Products in a manner not authorized in the relevant license agreement, EULA or not in accordance with the applicable Documentation; (b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (c) your equipment, software, network connections or other infrastructure; (d) Your Data or Your Materials; (e) third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or (f) routine scheduled maintenance or reasonable emergency maintenance. No Service Level Commitment or Service Credits are provided for (x) free, proof-of-concept, beta or trial services, or (y) features excluded from the Service Level Commitment (in the applicable Documentation).

4. Exclusive Remedies

   Service Credits are your sole and exclusive remedy, and our sole and exclusive liability, for our failure to meet the Service Level Commitment.
   Effective Starting: March, 18 2024.