Futurae Support Service Level Agreement
Version: 1.0 (Current) – Effective August 9, 2023
This Futurae Support Service Level Agreement (“Support SLA”) applies in addition to the master subscription agreement (whether formed by separately executed agreement or by acceptance of the Futurae General Terms of Use located at https://www.futurae.com/legal/terms or the Futurae EULA for Customers of Resellers and Managed Service Providers) in place between Customer and Futurae (“Agreement”). Undefined terms used throughout this Support SLA shall have the meaning ascribed to them in the Agreement. In the event of any conflict between this Support SLA and the Agreement, this Support SLA shall prevail.
Futurae Technologies AG (“Futurae”) may amend this Support SLA from time to time by posting an amended version at its website and sending Customer notice thereof (an email to Customer’s project sponsor shall be deemed sufficient in this case). Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Futurae written notice of rejection of the amendment. In the event of such rejection, this Support SLA will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Subscription Term following the Proposed Amendment Date. Customer’s continued use of the Service following the effective date of an amendment will confirm Customer’s consent thereto. This Support SLA may not be amended in any other way except through a written agreement by authorized representatives of each party.
1. Definitions
The following capitalized terms shall be given the meaning set forth below:
1.1. Support Service means the applicable ticketing support service (second or third level) provided or managed by Futurae in respect of a Futurae Service under an existing valid Order.
1.2. Support Tier means the support tier subscribed to by Customer. It can be any of: “Basic”, “Premium”, or “Enterprise”, or any other tier replacing or being added to such from time to time.
1.3. Priority Level means the priority level assigned to a specific support ticket, as follows:
- 1.3.1. High Priority: this level only applies to applications that are in production. It represents a complete loss of service or a significant feature that is completely unavailable, and no workaround exists. It also includes intermittent issues and reduced quality of service affecting more than 50% of Customer’s users, and for which no workaround exists.
- 1.3.2. Medium Priority: this level only applies to applications that are in production. This level includes intermittent issues and reduced quality of service affecting more than 50% of Customers’ users for which a workaround may be available.
- 1.3.3. Low Priority: Includes issues affecting isolated users in production (less than 50%), product questions, feature requests, general or in-depth questions about platform operation, trouble-shooting test and staging instances, and development issues.
1.4. Best Effort means that no time guarantees are available for the specific ticket.
1.5. Business Hours means Monday through Friday from 8:00 AM Central European Time to 6:00 PM Central European Time, excluding Zurich public holidays.
1.6. Response Time: the time by which Futurae personnel will provide an initial answer to Customer acknowledging the ticket, the issue reported, and a suggested resolution.
2. Support Guarantees and Credits
Based on the Support Tier subscribed to by Customer, the following Guarantees apply:
| Support Tier | Basic | Premium | Enterprise |
|---|---|---|---|
| High Priority tickets Response Time | 3 business hours | 2 hours (24/7) | 1 hour (24/7) |
| Normal Priority tickets Response Time | 9 business hours | 5 business hours | 3 business hours |
| Low Priority tickets Response Time | Best effort | Best effort | Best effort |
Futurae reserves the right to reclassify the Priority Level of a support ticket at any time, if it reasonably believes the classification to be incorrect.
2.1. Credits: Provided that the Customer is not in breach of the Agreement, including but not limited to its payment obligations, should Futurae fail to meet the Guarantees presented above of the Service, Customer may continue to use the Service but is eligible for receiving Support Service Credits, calculated and applied as described below. No refunds or cash value will be provided. Support Service Credits may not be transferred or applied to any other account. The aggregate monthly maximum number of Support Service Credits to be issued to a Customer for all breached Guarantees shall not exceed twenty (20) percent.
| Support Service Credits | |
|---|---|
| High Priority tickets | 8% |
| Normal Priority tickets | 4% |
| Low Priority titckets | 0% |
2.2. Support Service Credits are applied to the monthly subscription fees for the Support Service.
2.3. Support Service Credits shall be the sole and exclusive remedy for breach of this Support SLA.
3. Reporting and Claims
To file a claim under this Support SLA, Customer must send an email to legal@futurae.com with the following details:
- Billing Information, including company name, billing address, billing contact and billing contact phone number
- Information on the breach with dates and time periods for each instance of breach during the relevant period
- An explanation of the claim made under this Support SLA, including any relevant calculations
Claims may only be made on a calendar month basis and must be submitted within 30 days after the end of the relevant month during which the breach of this Support SLA occurred, except for periods at the end of a subscription agreement that do not coincide with a calendar month, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
Failure to comply with the above requirements will forfeit Customer’s right to receive Service Credit.
All claims will be verified against applicable system records. Should any periods of downtime submitted by Customer be disputed, Futurae will provide to Customer a record of Service availability for the period in question. Futurae will only provide records of system availability in response to good faith Customer claims.