Service Level Agreement

This Service Level Agreement (“SLA”) applies solely to Provider’s Platform or Cloud Based API Services.

Definitions

For the purposes of this Service Level Agreement the following definitions will have these meanings:

“Downtime” means a referenced API is not available for use according to the Monitoring Service. Service issues or outages relating to any Exclusions (defined in this SLA) shall not be deemed Downtime.

“Excused downtime minutes” means the total number of minutes in a month that the System is not available resulting from (i) scheduled or emergency maintenance downtime (ii) unscheduled downtime requested by Client, or (iii) downtime resulting from any exclusions as described below.

“Internet latency” is defined as the amount of time it takes for a given request to receive a response when travelling over a public network. Internet Latency is expressly excluded in this agreement.

“Monitoring service” is a third-party performance report contracted by Provider currently available at https://status.smarty.com/;

“Monthly uptime percentage” is calculated by subtracting each five (5) minute periods in which the referenced API was in a state of "Downtime" from 100% the percentage during the Service Month as identified by the Monitoring Service.

“Outage” means the number of minutes that the System is unavailable to the Client during a given period.

“Required monthly availability” means the total number of minutes in the applicable month, minus the Excused Downtime Minutes for that month.

“Response time failure” occurs if the Service takes longer than is specified in the Service Guarantee below, excluding any Internet Latency.

“Service level credit” is a credit calculated as set forth in this Addendum below: Service Level Credits must be requested by the Client and may not be transferred or applied to any other account.

“Scheduled uptime” is the total monthly time duration of availability of service times the percentage of Service Guarantee minus the aggregate of all Excused Downtime Minutes in the applicable month.

“Web service outage” is defined as a period during which no traffic can ingress or egress from all instances of the intended Service for five (5) consecutive minutes.

“Work around” means a temporary fix, patch or bypass supplied by Provider to temporarily correct an issue; provided that: (a) the System’s functionality, compatibility or use is not adversely affected; and (b) the work around is not unduly burdensome to Client.

Scheduled downtime

While the Provider may schedule downtime periods (“Scheduled Downtime”) to perform system maintenance, backup, and upgrade functions, it typically does so one server at a time, virtually eliminating an impact on the Client or end user. By operating redundant and alternating servers and systems, the Provider ensures uninterrupted Services. Should the need arise to perform a Scheduled Downtime, however, the Provider will notify the Client administrator via an announcement on the status page at least twenty-four (24) hours prior to the event. The duration of a Scheduled Downtime is measured as the amount of elapsed time from when the Services are not available to perform operations to when the Services become available to perform operations. Daily system logs will be used to track Scheduled Downtime and any other Service outages.

Unscheduled downtime

Unscheduled Downtime is defined as any time outside of the Scheduled Downtime when Services are not available to perform operations, excluding any outages caused by the Internet in general, or the actions of Client, its Affiliates, or their customers. Client acknowledges that the Services may be temporarily unavailable for unscheduled emergency maintenance or because of other causes beyond Provider’s reasonable control and agrees that Provider will not be liable to Client as a result of these temporary service interruptions.

Service guarantee(s)

● US Street [Address] API: 99.98% of requests containing a single lookup will respond within 500ms (over a five-minute period).

● US [Address] Autocomplete Pro API: 99.00% of requests containing a single lookup will respond within 100ms (over a five-minute period).

● US ZIP Code API: 99.90% of requests containing a single lookup will respond within 250ms (over a five-minute period).

● US Extract API: 99.00% of requests will respond within 2000ms (over a five-minute period).

● US Reverse Geocoding API: 99.99% of requests containing a single lookup will respond within 200ms (over a five-minute period).

● International Street [Address] API: 99.90% of requests containing a single lookup will respond within 1000ms (over a one-month period).

Exclusions

The service guarantees set forth above do not apply to downtime due to circumstances reasonably outside of Provider’s control, including but not limited to Downtime resulting from

1. any Client provided data or programming errors;

2. Client’s failure to adhere to the Technical Requirements listed in the Documentation page on the Provider’s Website;

3. system administration, commands or file transfers performed by Client or its users;

4. work or activities performed at Client’s request;

5. denial of service attacks;

6. untimely Client response time to incidents that require Client participation for source identification and/or issue resolution;

7. failure of non-Provider managed Client or user hardware or software;

8. any unavailability, suspension, or termination of account;

9. any Force Majeure events such as acts of war, terrorism and foreign enemies, natural disaster of overwhelming proportions, grand-scale discontinuation of electrical supply, or any other unforeseeable circumstances beyond the control of the Parties which cannot be avoided even by using its best efforts.

Support services

Provider shall respond promptly and maintain a help desk staffed with personnel to answer questions from Client by telephone, email, or chat between the hours of 8am – 5pm MST, Monday – Friday, excluding the following commemorated US holidays throughout the year: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. The Provider shall provide maintenance and support at no additional charges or fees. The Provider shall also provide access to technical support bulletins and other user support information or forums on the Provider’s Monitoring Service.

Service level credits

If the Provider does not meet the service levels set out above in any given month, upon request, the Client will be issued a service level credit to be calculated as follows:

a. Service level credit = ((Unscheduled downtime) / (Scheduled uptime)) x total monthly subscription fee (pro-rated if fees are annual basis).

b. Credits must be applied by the Client towards the purchase of Services from the Provider.

c. In the event the Provider fails to achieve the scheduled uptime requirement in any two months out of any four consecutive month period during the term, in addition to and cumulative of all other remedies available to the Client, the Client may immediately terminate the Agreement.

d. Service level credits have no cash value nor refund options and shall be issued to a Client’s balance for future use only.

Reporting

For any issues reported to the Provider’s Customer Support Team, the Provider will provide support services in accordance with the response required. The Provider’s ability to replicate and resolve issues will depend on accurate and detailed information supplied by the Client. Clients may utilize status reports via the Monitoring Service.

Escalation Policy

In the event an issue has not been corrected, a work-around has not been provided, or the Provider response merits additional attention, the Client may escalate attention to the issue by calling the Provider and requesting to speak directly with a manager or Senior Developer.

Updated: February 1, 2024