Service Level Agreement for Enterprise Plan Customers

1. Overview‍

‍This Service Level Agreement ("SLA") outlines the uptime commitment and enumerates the priority support options available to customers subscribed to an annual or longer Fireberry Enterprise Plan, contingent upon their adherence to payment responsibilities.
Capitalized terms not defined in this SLA shall have the same meanings ascribed to them in Fireberry’s Terms of Service or any other applicable agreement that regulates the utilization of Fireberry’s Services (the "Agreement").

2. Definitions

‍   2.1. "Support Channels" means Fireberry's support channels available to Fireberry Customers subscribed to annual or longer Fireberry Enterprise Plan as presented on https://www.fireberry.com/help-center and as amended from time to time.  
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  2.2. "Incident" means any malfunction of the Services that can be consistently reproduced, resulting in the inability of the Services to perform in accordance with their prescribed functionalities.
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  2.3. "Business Hours" means Sunday through Thursday from 09:00 AM to 5:00 PM IST (UTC+02:00).
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  2.4. "Response Time" means the period commencing from the moment the Incident is fully reported and concluding with the moment an initial acknowledgment is issued: (i) on Fireberry's Status Page; (ii) through the Sites; (iii) via the Services; or (iv) by dispatching an email to the Customer.
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  2.5. "Services Unavailability" means the cumulative duration, expressed in minutes, within a specified calendar month during which the Main Services were not accessible to the Customer, excluding those occurrences delineated in Section 7. This duration is to be determined based on the metrics provided by Fireberry’s monitoring service, which is accessible via Fireberry's Status Page as updated from time to time.
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  2.6. "Main Services" means the Fireberry App, as specified on Fireberry's Status Page, expressly excluding, without limitation, the following: (a) any add-ons, apps, widgets, and/or Third-Party Services that are integrated with or interface with the Main Services, irrespective of whether they are developed by Fireberry or by a third party; (b) the API; and (c) all products or features designated as trial, Alpha, Beta, Pre-Release services, or any similar services.
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  2.7. "Service Uptime" means the aggregate minutes within a specified calendar month, minus the minutes accounted for by Service Unavailability.
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  2.8. "Service Uptime Percentage" means the percentage obtained by dividing the Service Uptime by the total aggregate minutes available in the specified calendar month.
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  2.9. "Credit(s)" means the service level credits that may be granted to a Customer should the Service Uptime Percentage not meet the threshold of 99.9%, to be determined based on the Credit Percentage outlined in Section 8.
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  2.10. "Credit Percentage" means the percentage employed in the computation of the Credit, determined in relation to the Service Uptime Percentage, as outlined in Section 8.

‍3. Fireberry Support Obligations‍

Fireberry shall provide Enterprise Plan Customers with support services as detailed herein during Business Hours. Support services shall be provided to Customers through (i) Fireberry's Support Channels and; (ii) customer success services aimed at supporting the deployment, adoption, and effective utilization of the Services, offering consulting, and providing recommendations and insights to enhance and optimize the Customer's engagement with the Service.

‍4.  Access to Customer Support Channels

‍During the Subscription Term Enterprise Plan Customers may have access to the following Support Channels:
  4.1. Self-Service Resources: In support of Customers' utilization of the Services, Fireberry Enterprise Plan Customers are granted complimentary access to a comprehensive suite of resources, including training materials, tutorials, guides, and articles pertinent to the Services. These resources can be accessed through the "Help Center" on the Fireberry Sites or through the Service.
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  4.2. Ticket Submission and Email Support: Fireberry Enterprise Plan Customers can contact Fireberry's support team by: (i) sending an email to support@fireberry.com; (ii) submitting a ticket through the Fireberry Sites; or (iii) clicking on the "question mark" icon within the Service.
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  4.3. Chat Support: Fireberry Enterprise Plan Customers can contact Fireberry's support team via Fireberry's support chat, accessible through the Fireberry Sites or within the Service by clicking the "question mark" icon.
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  4.4. Consultation Calls: Fireberry Enterprise Plan Customers can schedule a 15-minute consultation call with Fireberry's support team by clicking on the "question mark" icon within the Service and afterward by selecting the "Consultation Calls" option.
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  4.5. Alterations to Support Channels: Fireberry reserves the right to modify, change, or introduce new support channels at any time at its discretion.

‍5.  Incident Notification by Customer

‍Unless otherwise specified by Fireberry in your Order Form, Incidents are to be reported to Fireberry through any of Fireberry's Support Channels.When reporting Incidents to Fireberry Customers shall make a reasonable attempt to: (i) provide information necessary to help Fireberry track, prioritize, reproduce, or investigate the Incident, such as Customer name and organization; (ii) provide a full description of the issue and expected results; (iii) verify that the incident is reproducible; (iv) categorize the Incident to the best of your ability; (v) provide the exact wording of all issues-related error messages (if applicable); and (vi) provide a detailed account of any unique conditions associated with the identification of the Incident, including but not limited to its initial emergence or manifestation subsequent to a particular event, the repercussion of the problem on the Customer's operational activities, and a proposed priority level for rectification.

‍6. Targeted Response Time

  6.1. Fireberry shall define the priority classification of the reported Incident and shall aim to respond to the reported Incident according to the respective Response Time as outlined in Appendix A attached hereto.
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  6.2. In the event of a Priority 1 Incident, Fireberry commits to dedicating significant resources to resolve the issue on a continuous, around-the-clock basis until resolution is achieved. Furthermore, Fireberry shall provide the Customer with status updates and/or publish such updates on the Status Page, the Sites, through the Services, via email, or through any other means designated for this purpose, at intervals of every sixty (60) minutes.
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  6.3. In order for Fireberry to undertake resolution efforts of any reported Incident, Fireberry must be capable of reproducing such reported Incident. It is incumbent upon the Customer to assist and collaborate diligently with Fireberry in the reproduction of the Incident, which may entail the performance of diagnostic or troubleshooting tasks as deemed necessary and appropriate. Furthermore, contingent upon obtaining the Customer's explicit consent on an individual case basis, Users might be required to provide Fireberry with temporary remote access to their Accounts, computers, and/or network infrastructure, exclusively for the purpose of troubleshooting, and only for a predefined, restricted duration.Fireberry will be excused from any non-performance of its obligations hereunder to the extent any such non-performance is attributable to Customer’s failure to cooperate as set forth herein.
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  6.4. Fireberry will use commercially reasonable efforts to resolve each Incident promptly. Actual resolution time will depend on the nature of the Incident and the resolution required to address such an Incident properly.

‍7. Service Uptime

‍Fireberry will strive to keep the Main Services available no less than 99.9% of the time, twenty-four (24) hours per day, seven (7) days per week (including holidays), measured on a calendar monthly basis. It is stipulated, however, that the computation of Service Uptime will exclude the following occurrences, which shall not be considered instances of Service Unavailability:
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  7.1. The Main Services were unavailable due to a major failure of Fireberry's underlying infrastructure, including, but not limited to, the unavailability of telecommunications and internet services due to the general unavailability of telecommunication or internet service providers' systems, beyond Fireberry's reasonable control.
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  7.2. The Main Services were unavailable due to maintenance, provided that Fireberry gives the Customer at least three (3) days advance notice for planned maintenance or twenty-four (24) hours advance notice in the case of maintenance caused by Incidents or other technical issues. Such notice shall be given to the Customer through any of the following communication channels: (i) posting an announcement on the Status Page; (ii) posting an announcement on the Sites; (iii) messaging the Customer via the Services; and/or (iv) sending an email to the Customer indicating that the Services will be unavailable due to maintenance and/or upgrading.
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  7.3. Main Services unavailability arose from (a) use of the Services by the Customer or its representatives in a manner contrary to, or not permitted under, the Agreement; (b) software, network infrastructure, links, products, services, widgets, applications, integrations, hardware, or other equipment belonging to the Customer and/or third parties; and (c) Distributed Denial of Service (DDoS) attacks or other unlawful activities.
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  7.4. The unavailability of Main Services was attributable to incidents beyond Fireberry's control, encompassing, but not limited to, acts of God, governmental actions, insurrections, wars, riots, global health emergencies, disease outbreaks, explosions, fires, floods, earthquakes, global pandemics, or any other catastrophic events outside the realm of Fireberry's reasonable control.

‍8. Service Credits

‍   8.1. Provided that the Customer is in full compliance with the Agreement, and as a sole remedy for Service Unavailability, contingent upon the conditions outlined in this Section 8, Fireberry will issue Credits to the Customer's account, calculated at the appropriate Credit Percentage, corresponding to the respective Service Uptime Percentage according to the following:
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  8.1.1. For a Service Uptime Percentage less than 99.9% but greater than or equal to 98%, the Credit Percentage shall be 4%.
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  8.1.2. For a Service Uptime Percentage less than 98% but greater than or equal to 90%, the Credit Percentage shall be 12%.
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  8.1.3. For a Service Uptime Percentage less than 90%, the Credit Percentage shall be 28%.

  8.2. The Credit will be determined by applying the relevant Credit Percentage to the Fees due from the Customer to Fireberry in accordance with the Subscription to the specific Services associated with the Service Unavailability incident, corresponding to the month during which the Service Unavailability occurred (i.e., 1/12 of the annual Subscription Fees).
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  8.3. Fireberry shall allocate the Credit exclusively towards the Customer's forthcoming payment obligations as stipulated under the Agreement (whether pertaining to the Fees or any Upgrades). Such Credit shall not confer upon the Customer the right to a financial reimbursement from Fireberry. Furthermore, Credits shall be non-transferable and cannot be utilized for other accounts, products, or services.
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  8.4. To be eligible for a Credit, the Customer must forward a detailed Credit request to Fireberry at support@fireberry.com within thirty (30) days subsequent to the incident of Service Unavailability. Should the Customer neglect to submit such a request within the specified thirty (30) day timeframe, they shall forfeit their entitlement to receive a Credit.
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  8.5. The cumulative maximum amount of Credits that Fireberry may grant to the Customer within any given calendar month shall not surpass 100% of the actual fees paid by the Customer to Fireberry for the Services impacted during that month, after accounting for any other credits or incentives deducted from the Fees for said month.

‍9. Sole Exclusive Remedy

‍Notwithstanding anything to the contrary, the issuance of Credits to Customers, as stipulated by this SLA in response to any Incidents, Service Unavailability, or technical issues, shall constitute the sole and exclusive remedy available to the Customer for Fireberry's failure to meet its obligations under this SLA or for any Incidents encountered.

10. SLA Modification

‍Fireberry reserves the right to modify this SLA and/or the support services it offers under this SLA. Fireberry shall promptly inform the Customer of any material changes to this SLA either through an announcement on the Sites, via Services, or by sending an email to the Customer.