Service Level Agreement

Pixee, Inc. Service Level Agreement - Availability Commitment for Pixee Cloud Product.

Unless otherwise defined herein, capitalized terms used in this Service Level Agreement (the “Agreement”) shall have the meanings ascribed to them in the Master Services Agreement.

The Pixee Cloud Product will be Available 99% of the time, measured on a calendar monthly basis (the “Availability Commitment”). “Availability” means that the Pixee Cloud Product is accessible to Customer. Availability measures will not include downtime resulting from:

• Pre-scheduled maintenance periods: Customer will receive at least 48 hours prior notification by email of pre-scheduled maintenance periods. Maintenance will be scheduled between 5pm and midnight Pacific Time. Pre-scheduled maintenance that is excluded from the Availability calculation will not exceed 3 periods per month.
• Emergency maintenance periods: Customer will receive prior notification by email on a commercially reasonable efforts basis. These maintenance periods will involve applying critical security patches and other emergency repairs to the Pixee infrastructure.
• Outages of cloud data hosting provider: Customer will receive notification of outages as soon as reasonably practicable.

Credit

If Pixee fails to achieve the above Availability for the Pixee Cloud Product, Customer may claim a credit based on a monthly pro-rated amount of the annual subscription fee, as provided below.

Customer will not be entitled to a credit if it is in breach of this Agreement or the Master Services Agreement, including its payment obligations. To receive a credit, a Customer must file a claim for such credit within five (5) days following the end of the month in which the Availability Commitment was not met by contacting Pixee at support@pixee.ai with a complete description of the downtime, how Customer was adversely affected, and for how long. The credit remedy set forth in this Service Level Agreement is Customer’s sole and exclusive remedy for the unavailability of the Pixee Cloud Product.

Customer Support

Pixee live technical support business hours will start at 6:00 am Pacific Time and run until 4:00 pm Pacific Time on weekdays. Technical support can be contacted via email at support@pixee.ai or via shared channels in the customer communication platform.

Communication Channels:
Email: support@pixee.ai
Phone: +1-419-777-4933
Communication Tool: Shared Pixee Skype/Teams/Slack channel

Live technical support will not be available on Christmas Day (December 25) and New Year’s Day (January 1). Limited technical support will be available during the hours listed above during Pixee U.S. federal holidays.

Issues regarding the Pixee Product (“Product Issues”) are assigned a classification at the time of Customer’s initial contact with Pixee, and are classified according to the severity levels set forth below. Pixee will initially respond in accordance with the response times applicable to Product Issues reported during Pixee’s regular service hours. Failure to contact Customer within the response time period because the Customer is unavailable (e.g., phone busy, no answer, in a meeting, or out of the office) does not constitute Pixee’s noncompliance with the response commitment. Customer will cooperate with Pixee to provide reproducible results for any errors reported. Pixee’s ability to provide support will depend, in some cases, on the ability of Customer’s representatives to provide accurate and detailed information and to aid Pixee in handling a Product Issue. Customer will provide Pixee with reasonable access to Customer’s systems, premises and staff as needed to provide support.

Exclusions

The Availability Commitment and customer support commitments above do not apply to any downtime or error of the Pixee Product that results from:

• Account suspension or termination due to Customer’s breach of the Master Services Agreement;
• Modifications to the Pixee Product made by or on behalf of Customer;
• Customer’s use of other than those most recent releases of the Pixee Enterprise Server;
• Customer’s failure to use any error corrections or updates thereto provided to Customer by Pixee to address such problem;
• Disengagement of functionality of the Pixee Product due to Customer’s request;
• Force Majeure Events; or
• Customer’s or its service provider’s equipment, software or other technology.