Aylien agrees to provide Enterprise Subscribers the service credits outlined in this Service Level Agreement (“SLA”) if Aylien fails to meet the metrics outlined herein. Unless otherwise indicated, the metrics set forth in this SLA apply only to Enterprise offerings as defined herein.

Aylien API shall be available to Subscribers 99.5% of the time in any calendar month. In the event Subscriber experiences any of the Service performance issues defined below due to the unavailability of Services, Subscriber will be eligible to receive Service Credits.

Definitions

Available means that our API is available for you to use in the way we intend upon your first request, or within a 30 second window of your second request

Downtime means the number of minutes in a month when our API is not Available for a Subscriber (excluding Permitted Downtime).

Enterprise Subscriber refers to subscribers to the fourth tier of service level (“Large”) or above as listed at Aylien Text API Pricing.

Permitted Downtime means the number of minutes in the month during which our API is not Available as a result of:

  • planned maintenance
  • unavailability of the Data to us
  • interruptions that are outside of our reasonable control
  • your account being suspended or closed

We will try to place a warning on our site 48 hours in advance of site maintenance.

Month means the total number of minutes in each month, less Permitted Downtime

Monthly Uptime Percentage means total number of minutes in a calendar month minus the number of minutes of Downtime that have occurred in a calendar month, divided by total number of minutes in a calendar month.

Service means the Aylien API service provided by Aylien to Subscriber under the Agreement.

Availability

Availability and Service Credit hours will be measured as follows:

Service Level Availability Measure Credit
99.5% availability per month Measured by our monitoring systems at the end-points of our API, and calculated as follows:

% availability = ((Month – Downtime) x100) / Month

If the availability % is less than 99.5%, you will be entitled to Service Credit hours that are equivalent to the period of Downtime that is below our 99.5% service level, rounded up to the nearest hour

Subscriber Service Credit Request

In order to receive Service Credits, Subscriber must notify Aylien within thirty (30) days from the time Subscriber believes it is eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Subscriber’s right to receive a Service Credit.

Maximum Service Credit

The aggregate maximum number of Service Credits to be issued by Aylien to Subscriber for any and all Downtime Periods that occur in a single calendar month will not exceed fifteen days of Service added to the end of Subscriber’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary compensation.

Aylien API SLA Exclusions

The Aylien API SLA does not apply to any Service(s) that expressly exclude this SLA (as stated in the documentation for such services) and any performance issues that are: (i) caused by factors outside of Aylien’s reasonable control; (ii) that resulted from any actions or inactions of Subscriber or any third parties; or (iii) that resulted from Subscriber’s equipment and/or third party equipment. This Aylien API SLA states Subscriber’s sole and exclusive remedy for any failure by Aylien to meet this Aylien API SLA.

All service credits will be posted during the calendar month following the month in which a service problem was reported in accordance with the procedures set forth above. Service credits do not include usage, taxes, surcharges or other fees. No service credit will be issued if the Customer’s account has an undisputed balance that is more than 30 days past due.

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