Service Level Agreement
Last updated: April 25, 2022
1. Definitions
The following defined terms apply to this Service Level Agreement for the Services APIs (as defined below) (“SLA”).
“Actual Monthly Uptime Percentage” = (A-B)/A, where:
A = Total Monthly Time (as defined below);
B = Unavailable Monthly Time (as defined below); and
“Monthly Uptime Percentage Threshold” means the applicable percentage set forth in the table in Section 2 (Service Commitments) of this SLA under the heading, “Monthly Uptime Percentage Threshold.”
“Services Applications”means, collectively, the YakChat Messaging App, Teams Bot and PowerAutomate Connector.
“Service Credit” means the credit that Customer is eligible to request pursuant to Section 4 (Service Credit Request) of this SLA if the Actual Monthly Uptime Percentage is less than the applicable Monthly Uptime Percentage Threshold.
A Service Credit is calculated by multiplying the Service Credit percentage set forth in Section 2 (Service Commitments) by the fees the Customer actually incurs for the affected Application Services for the applicable calendar month.
“Total Monthly Time” means the total number of minutes in the applicable calendar month.
“Unavailable Monthly Time” means the number of minutes in the applicable calendar month during which the Service Applications were unavailable for use.
2. Service Commitments
3. Customer Support
4. Status Notifications
The service status is available at https://status.yakchat.com.
5. Service Credit Request
To receive a Service Credit, Customer must submit a request to Customer Services via email to info@yakchat.com within thirty (30) days from the last day of the calendar month in which Customer claims YakChat failed to meet the applicable Monthly Uptime Percentage Threshold. All submissions must include: (a) “SLA Claim” as the subject of the email; (b) the dates and times of Unavailable Monthly Time calculated based on the status page available at https://status.yakchat.com and any documentation of the Unavailable Monthly Time. Any Service Credit will be applied to future amounts payable by Customer to YakChat for the Services. Service Credits are not available in the form of refunds.
6. Exclusions
Notwithstanding anything to the contrary in this Agreement, no Unavailable Monthly Time will be deemed to have occurred if it: (a) is caused by factors outside of YakChat’s reasonable control, including, without limitation, telecommunications provider-related problems or issues, Internet access or related problems occurring beyond the point in the network where YakChat maintains access and control over the Services; (b) results from any actions or inactions of Customer or any third party (except for YakChats agents and subcontractors); (c) results from any Customer Application(s), Customer’s equipment, software, or other technology, add-on services, or third-party equipment, software, or other technology (except for equipment within YakChat’s direct control); (d) occurs during YakChat’s scheduled maintenance for which YakChat will provide at least twenty-four (24) hours prior notice; (e) occurs during YakChat’s emergency maintenance (maintenance that is necessary for purposes of maintaining the integrity or operation of the Services), regardless of the notice provided by YakChat; (f) results from any Services that are identified as alpha, beta, not generally available, limited release, developer preview, or any similar Services offered by YakChat; or (g) is less than five (5) minutes of continuous unavailability in duration (collectively, “Excluded Monthly Times”).
7. Entire SLA Liability
The Service Credits set forth in this SLA are YakChat’s sole and entire liability to Customer, and Customer’s sole and exclusive remedy, for YakChat’s failure to meet any Monthly Uptime Percentage Threshold.
8. Updates
YakChat may update this SLA from time to time. The then-current terms of this SLA are available at https://www.yakchat.com/service-level-agreement.
