This service level agreement for the Docebo AI Video Presenter (“Presenter” or “Service”)) forms part of the Agreement. Capitalized terms used but not defined in this SLA will have the same meaning as defined in the Agreement.
Definitions
Unless otherwise defined in this SLA, capitalized terms herein shall have the following meanings.
| Business Hours | 9 a.m. to 6 p.m. Monday through Friday CET. |
| Days | means calendar days. |
| Defect | means any defects in performance of the Services, or any non-conformities, malfunctions or other problems in or with Services which cause Services not to perform, function or operate materially in accordance with the SLAs and the documentation. |
| Final Remedy | means Colossyan’s correction of a Defect which restores the material functionality of the Services. |
| Relevant Fees | proportionate fees for the relevant month calculated on the basis of the annual fee received by Colossyan for that year for the relevant Service. |
| Severity Level | means the severity levels Emergency, High, Medium and Low Severity |
| SLO | means Service Level Objectives |
| Temporary Remedy | means any remedy by Colossyan which will restore the reasonable functionality of Service, until a Final Remedy is implemented. |
Backup
Colossyan must back up all log data daily. Backup schedule should consist of at least one 1 backup per day.
Backup Service Levels
| Service | Service Item/Volume | Specification |
| Initial Recovery Test | Once, immediately following the start up of the backup service in order to verify functionality of service. | Includes a number of system files, directories or selected files to be recovered. Complete application or system recovery is not included in the test. |
| Annual Recovery Test | Once/year | Recurring activity in order to guarantee quality of service Includes a number of system files, directories, or selected files to be recovered. Complete application or system recovery is not included in the annual recovery tests. |
Backup Quality
RTO (Restore Time Objective) and RPO (Restore Point Objective) are as follows:
– RTO – time to recover the data -24 hours
– RPO – point in time in the past that data shall be recovered to – 24 hours
Example: if RTO is 24 hours and RPO is 24 hours then data recovery shall take maximum 24 hours and not more than 24 hours of data modifications shall be lost.
Service Level Definitions
Uptime Service Levels
The Services will be available at least 99.5% of the time in each calendar month during the term of the Agreement (“Services Uptimeˮ), excluding the following reserved hours (“Down Time”):
∙ for down time to perform maintenance during a maintenance window 6:00 a.m. to 2:00 p.m. CET Saturday; or 6:00 a.m. to 2:00 p.m. CET Sunday.
Services Uptime will not be met, if the Services fail to achieve the 99.5% availability described above, as measured over the period of a given calendar month, in accordance with the following formula:
a = 100 x (b – c) / b, where:
“a” = the actual percentage of availability in such month;
“b” = total number of hours in the month
“c” = total number of hours of service unavailable
Service Credits
Service Credits will be paid in accordance with the following:
∙ if the Services Uptime time is less than 99% but greater than or equal to 97%, then the credit will be 5% of the Relevant Fees,
∙ if the Services Uptime time is less than 97% but greater than or equal to 95%, then the credit will be 10% of the Relevant Fees,
∙ if the Services Uptime time is less than 95% but greater than or equal to 93%, then the credit will be 15% of the Relevant Fees,
∙ if the Services Uptime time is less than 93% but greater than or equal to 90%, then the credit will be 20% of the Relevant Fees,
∙ if the Services Uptime time is less than 90%, then the credit will be 50% of the Relevant Fees.
System Response Time
Correction of Defects:
Customer will perform a self-diagnosis of the Defect and make a recommendation to Colossyan with respect to the severity level. Colossyan may, in its reasonable discretion, re-classify any Defect to the suitable severity level.
Temporary Remedy and Final Remedy:
– For Defects classified as Emergency, Colossyan will confirm receipt of the Emergency Defect within 2 (two) hours. Colossyan will handle an Emergency in accordance with the action for High Severity Defect but with shorter Response Times and Target Remedy Times. After a Temporary Remedy has been completed for the Defect, the Defect may then be re-prioritized by the parties to High, Medium or Low Severity.
– For Defects classified as High Severity, Colossyan will first create a Temporary Remedy in order to solve the critical situation, and thereafter a Final Remedy.
– For Defects classified as Medium Severity, Colossyan will first create a Temporary Remedy and thereafter a Final Remedy.
– For Defects classified as Low Severity, Colossyan will examine and create a Remedy as soon as reasonably practicable with regard to Colossyanʼs then current workload and planning.
Response Times and Remedy Times:
| SR Type/ Activity | Confirm receipt (Business Hours) | Target Time to Temporary Remedy (Business Hours) | Target Time to Final Remedy |
| Correction of Emergency Defect | 1 hour | 8 hours | 24 hours, provided that if an Emergency defect is reported outside Business Hours then the 24 hour period shall only commence once Business Hours resume |
| Correction of High Severity Defects | 2 hour | Next Business Day | 5 Business Days |
| Correction of Medium Severity Defects | 4 hours | 5 Business Days | 2 weeks |
Claims and Service Credits
Customer must submit the claim with all information necessary for Colossyan to validate the claim, including but not limited to (i) detailed description of the Defect, (ii) information regarding the time and duration of downtime, (iii) the number of affected users (if applicable), and (iv) descriptions of attempts to resolve the Defect at the time of occurrence.
Any claim must be sent by the end of the month following the month in which the incident occurred. Colossyan will evaluate all information available and make a good faith determination of whether a service credit is owed.
Limitations
This SLA does not apply to any performance or availability issues:
– that results from End User’s failure to adhere to any required configurations, use supported platforms in accordance with the Documentation, follow the Acceptable Use Policy, or use of the Service in a manner inconsistent with the features and functionality of the Service or inconsistent with published guidance made available by Colossyan;
– that results from attempts to perform operations that exceed prescribed quotas or that resulted from throttling of suspected abusive behavior;
– that is directly or indirectly caused by End User’s or third party’s equipment, software or other technology, including third party services not within the control of Colossyan;
– where there is a limitation or suspension of Services due to circumstances reasonably believed by Colossyan to be significant threat to the normal operation of the Services;
– where there are modifications to the Services not made or authorized by Colossyan in writing;
– where the unavailability of „alpha”, „beta”, „trial” features, or features released for testing purposes; – that is caused by Internet access or related problems beyond the demarcation point of the Services;
– that arises from the suspension or termination of End Users’ right to use the Services in accordance with the Agreement;
– that is due to factors outside of Colossyan or Docebo’s reasonable control (for example, natural disasters, changes resulting from government, political or other regulatory or court orders, strikes or labor disputes, acts of civil disobedience, acts of war).