This Service Level Agreement (“SLA”) was last updated on November 05, 2019.
AudioEye guarantees its Services to maintain an uptime of at least 99.99% of the time in a calendar year.
AudioEye Maintenance and Support
The following states the applicable response protocol for maintenance and support requests:
If applicable, AudioEye Pro and Managed customers (“Customers”) may be notified of any scheduled maintenance that is expected to impact the delivery of Services. AudioEye schedules all maintenance to be done during off business hours.
AudioEye anticipates that each calendar quarter, total scheduled downtime will not exceed twenty-four (24) hours (“Downtime”), primarily for ongoing updates or maintenance, and is performed during low usage periods. AudioEye may provide advance notice for scheduled downtime and maintenance, if such Downtime is to exceed (2) hours, and if the downtime will have an impact on the delivery of Service.
Network, Data Center, and Infrastructure Availability
AudioEye guarantees that its network Infrastructure, and Data Center Infrastructure will be available 99.9% of the time in a given month, excluding exceptions or scheduled maintenance (see: 2b), as recorded by 3rd party application monitoring. AudioEye leverages the AWS Infrastructure for hosting and delivery. Per the AWS Security Whitepaper:
The AWS infrastructure includes the facilities, network, and hardware as well as some operational software (e.g., host OS, virtualization software, etc.) that support the provisioning and use of these resources. The AWS infrastructure is designed and managed according to security best practices as well as a variety of security compliance standards. [The AWS Infrastructure is one of the] most secure computing infrastructure in the world.
(b) The Infrastructure will not be considered to be unavailable for any outage that results from (i) any maintenance performed for which Customers were notified at least 24 hours in advance; (ii) during a standard maintenance window.
(c) Hardware: We guarantee the functionality of all server hardware components, and will replace or repair any failed component at no cost. “Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within one hour of problem identification. When only AWS resources are used, Hardware refers to an instance or Virtual Machine of a server system.
AudioEye Response & Resolution Protocol & Schedule
AudioEye Services will be supported for application and system errors. Errors must be delivered with proper detail, providing full instructions for issue replication. Name and telephone number of Customer contact is required as well as any troubleshooting steps performed.
AudioEye will respond to, and attempt to resolve, any issue in a time frame that is commercially reasonable in light of the seriousness and business impact of the Error.
AudioEye will make every reasonable effort to keep Customers updated on resolution progress, and expected time of restoration of full functionality.
In the event that Customer identifies an Error with AudioEye Services, Customer will, by way of sending an email to email@example.com, provide AudioEye sufficient technical information to permit AudioEye to reproduce the Error (Error Data). Once AudioEye receives the Error Data, it will then use commercially reasonable efforts to provide a response and then a solution.
Customer will classify each Error or defect in the SaaS Services or related Documentation and will report such Error or defect to AudioEye for correction based on the following criteria:
|Severity 1||Fatal: Errors preventing all useful work from being performed.|
|Severity 2||Severe Impact: Errors, which disable major functions from being performed.|
|Severity 3||Degraded Operations: Errors disabling only certain nonessential functions.|
|Severity 4||Minimal Impact: Includes all other.|
AudioEye will provide best efforts to respond to Error reports according to the following schedule:
|ERROR CLASSIFICATION||LEVEL 1||>LEVEL 2|
|Severity 1||60 minutes||2 hours|
|Severity 2||2 hours||6 hours|
|Severity 3||24 hours||48 hours|
|Severity 4||1 business day||72 hours|
Level 1 — Acknowledgment of receipt of Error report.
Level 2 — Provide patch, workaround, temporary or permanent fix and documentation correction pages.
Should AudioEye be unable to provide a commercially acceptable resolution within a reasonable time frame, AudioEye will provide a written work plan stating the nature of AudioEye’s efforts to cure the Error and the expected time for a proposed resolution thereto.
If AudioEye is in breach of its Response and Solution obligations herein, Customer’s sole and exclusive remedies will be (i) for AudioEye to promptly correct such breach or (ii) Customer shall have the right to terminate the Service without prejudice to any other rights it may hold by law or under the AudioEye Terms of Service (available at https://www.audioeye.com/terms-of-service).