Jupiter’s Service Level Agreement for Jupiter Software‑as‑a‑Service

This Service Level Agreement applies to and is incorporated by reference into any Order Form or Statement of Work relating to the provision of Services by Jupiter to you.

Jupiter strives to make its Service continuously available, 100% of the time. To achieve this goal, we use commercially reasonable efforts to keep the Services running and Available 99.9% of the time (“Service Commitment”). In the event we fall short of that goal, under the terms of this Service Level Agreement (“SLA”), you will be eligible to receive a Customer Service Credit.

Definitions

“Available” means the Service is available for access and use by Customer and its Users to send Notifications in accordance with the Agreement and Documentation.

“Exception” means periods when the Services are unavailable for reasons outside of Jupiter’s control or Scheduled Maintenance.

“Scheduled Maintenance” means time during which the Service is unavailable due to maintenance for which Jupiter has provided at least twenty-four (24) hours advance notice via email to Customer. Jupiter will use commercially reasonable efforts to conduct Scheduled Maintenance in windows of ten (10) minutes or less during low usage time.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Service Commitment” means a fraction, where the numerator is the number of minutes in a given calendar month (“Service Period”) that the Service is Available, and the denominator is the number of minutes in such calendar month minus the number of minutes in which Exceptions occur.

“Service Level Failure” means a failure of the Service to meet the Service Commitment.

Jupiter’s Responsibility

Jupiter will provide and maintain the Services, including the system, used by Customer by:

• ensuring relevant Services are available;
• responding to support requests within a reasonable timeframe;
• taking steps to escalate and resolve issues in an appropriate and timely manner; and
• maintaining good communications with Customer.

Customer Responsibilities

Customer will use Jupiter-provided Services and systems as intended, including by:

• providing Jupiter with the use of Customer’s business phone number for purposes of receiving incoming SMS or text messages;
• notifying Jupiter of issues or problems in a timely manner;
• providing Jupiter with access to equipment, software and associated services as needed for the purpose of maintaining or troubleshooting any issues that may arise; and
• maintaining good communications with Jupiter.

Exceptions

For purposes of calculating the Service Commitment, the following are Exceptions to the Service Commitment, and the Service will not be considered unavailable due, in whole or in part, to any:

• periods of Scheduled Maintenance;
• use of the Service that does not comply with the Documentation or Agreement, including an Order Form or Statement of Work;
• delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under the Agreement, including an Order Form or Statement of Work;
• failure of Customer’s or its Users’ network, Internet, hardware, software or systems;
• circumstances beyond Jupiter’s reasonable control, including without limitation all instances of Force Majeure as described and agreed in Section 12.8 of the Agreement; or
• Jupiter’s permitted disabling, suspension or termination of the Service pursuant to the Agreement, including the then current Acceptable Use Policy, which can be found at:
  https://jupiterintel.com/legal/#acceptable-use.

Credits

In the event of a Service Level Failure, Jupiter shall issue a Service Credit to Customer in the amount of a percentage of the fees paid by Customer for the applicable Service for the Service Period in which the Service Level Failure occurred as follows:

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To receive a Service Credit, Customer must submit a claim by emailing servicecredit@jupiterintel.com. To be eligible, the claim must be received by Jupiter by the end of the calendar month following the Service Period in which the Service Level Failure occurred and include the words “SLA Credit Request” in the subject line and the dates and times of each incident that Customer is claiming. If the Service Level Failure is confirmed by Jupiter, Jupiter will issue the Service Credit to Customer within one (1) calendar month following the receipt of Customer’s claim.

Jupiter will apply any Service Credits to future sums for the Service otherwise payable by Customer to Jupiter. In the event Service Credits remain at the conclusion of a subscription term and no sums from Customer to Jupiter are due for the Service, a check will be issued.

Sole Remedy

Customer agrees that this SLA sets forth Jupiter’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure.

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