Service Level Agreement

This Service Level Agreement (SLA) is offered to all Koidra Customers that purchase Koidra Software-as-a-Service (SaaS). For the avoidance of doubt, Customer’s access and use of the SaaS will provide Customer the benefits and rights under this SLA at any time during the applicable Term (as defined below). Koidra reserves the right to revise this SLA by posting a revised version at this web address, which will be effective on the start date of a SaaS’s renewal Term.

1. Service Level Definitions

  • Available means the SaaS can be accessed by Customer’s credentialed users.
  • Availability means the percentage resulting from the following expression: the number of minutes in a calendar month minus the number of minutes the SaaS is not Available in such month excluding Excused Downtime, divided by the number of minutes in such month.
  • Excused Downtime means the minutes in a calendar month the SaaS is not Available due to: (a) Service Modifications of up to one hour; and (b) circumstances beyond Koidra’s reasonable control (e.g., force majeure events, general Internet outages, third party or Customer controlled service or infrastructure failures and delays, network intrusions, denial-of-service, or other similar attacks or interference by anyone other than Koidra or its agents).
  • Status Page means Koidra’s website at https://koidra.io/service_status and any website linked from such website that is owned or controlled by Koidra.
  • Service Modifications means any necessary or required maintenance, repairs, updates, or other modifications to the Covered Service, and the systems, networks, and infrastructure used by Koidra to operate and provide the SaaS.
  • Term means the period of authorized access and use of the SaaS as set forth in an executed ordering document or online order issued or otherwise approved in writing by Koidra.

2. Monitoring

Koidra will continuously log, monitor, and keep system records of the SaaS’s accessibility on a minute basis and will make commercially reasonable efforts to communicate outages and events impacting accessibility to Customers or on a Status Page.

3. Service Modification Notice

Koidra will provide Customer with in-app or email notice at least two business days prior to a planned Service Modification if: (a) Koidra believes that the Service Modification will materially impact the Availability of the SaaS; and (b) such notice will not pose a security risk to Koidra or its customers.

4. Fee Credits for Availability Events.

If the Availability of the SaaS falls below 99.9% in any calendar month during the Term (each an Availability Event), Customer will be entitled to request a credit to be applied against the fees for the next renewal Term of the SaaS (Fee Credit) by submitting notice to Koidra. Such notice must be sent within 30 days following the end of the calendar month in which the Availability Event occurred for Customer to be eligible to receive a Fee Credit. Koidra will validate Availability Events against Koidra’s system records and will determine Fee Credits in accordance with the following table:

5. Sole Remedy

Fee Credits represent Customer’s sole remedy, and Koidra’s sole liability, under this SLA for any Availability issues Customer may experience with respect to the SaaS. If Customer requests or receives relief or remedy from Koidra independent from this SLA with respect to an Availability issue, Customer will not be entitled to request or receive Fee Credits under this SLA with respect to such Availability issue.

 

Last updated: June 03, 2021