Service Level Agreement
Service Levels:
Service Support shall only include assistance with issues which are exclusively due to an error with the Service (i.e., a failure of the Service to conform to the written specifications provided by ConvoZen). Any support outside the scope of Service Support shall be provided by ConvoZen on a time and materials basis. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime resulting from outages of third party connections or utilities or other reason beyond ConvoZen’s control including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving ConvoZen employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within ConvoZen’s possession or reasonable control, and denial of service attacks.
Error Response Times:
| Classification | Description | Response Time (In Business Hours, IST) | Status Updates |
|---|---|---|---|
| Priority 1 | The Services are completely unavailable, or performance is so poor as to render the Services unusable; or data security breach or hack (whether actual or suspected) or attempted data security breach. | 8 | Every 8 business hours |
| Priority 2 | A major functionality of the Services is unusable and results in limited functionality that affects a large number of users. | 16 | Every 16 business hours |
| Priority 3 | A loss of a function or resource of the Services that does not seriously affect Services functionality. | 24 | Every 24 business hours |
| Priority 4 | All other problems with the Services other than those that fall within the categories listed above. | 32 | Every 32 business hours |
Service Credits:
for each full hour in a month that the Service is unavailable beyond the Service Availability metric; and
for each such response failure, ConvoZen will credit Customer with one (1) day of free access to the Service. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of one (1) free month of access to the Services. Further, ConvoZen will not grant a credit for any period in which Customer received any Services free of charge.
In order to receive service credits, Customer must notify ConvoZen in writing within seventy-two (72) hours from the time of downtime or response failure (as applicable), and failure to provide such notice will forfeit the right to receive downtime credit.
Performance Metrics:
The availability and performance of the features may vary based on language support and the level of Natural Language Understanding (“NLU”) capabilities.
The level of language support and NLU capabilities might be limited or optimized for specific languages. As a result, the accuracy and performance of the models may differ across different languages and language variants.
Certain languages or dialects may have limitations in terms of model performance or availability.
The NLU support might be constrained when dealing with complex or highly specialized domains. It is recommended to the Customer to review and evaluate the model's suitability for specific industry or domain-related use cases.
The language support and the extent of NLU capabilities may impact the accuracy and suitability of the model outputs for their specific use cases. It is the responsibility of the Customer to assess the applicability and effectiveness of the models within their desired language and domain context.
ConvoZen does not represents or warrants absolute precision, or account for all linguistic variations/ regional accents/ specialized domains. The Customer acknowledges that the outputs are provided on a best-effort basis.
Customer Responsibility - The customer is responsible for providing accurate and suitable input data for the Machine Learning application, ensuring compatibility with the specified requirements and formats. The customer shall promptly notify ConvoZen of any issues or concerns regarding the performance of the Machine Learning application, allowing ConvoZen an opportunity to investigate and address the matter.
Liability:
ConvoZen shall not be held liable for any damages, losses, or costs arising from limitations in language support or NLU capabilities.
ConvoZen shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Software including but not limited to loss of data, loss of business, or loss of profits.
Force Majeure - ConvoZen shall not be liable for any delays, interruptions, or non-performance of the Software/ Machine Learning application caused by events beyond its reasonable control, including but not limited to acts of nature, acts of government, or third-party service disruptions.
Remedies and Termination:
In the event of a failure to meet the specified performance targets, the customer's sole remedy shall be limited to requesting a correction or reperformance by ConvoZen.
Either party may terminate the service level agreement with written notice if the other party repeatedly fails to meet the performance targets despite reasonable efforts to rectify the situation.
Liability Cap:
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