1. SERVICE UPTIME COMMITMENT
1.1. Definitions. For the purposes of this 'Service Uptime Commitment' section, the following definitions shall apply:
1.1.1. "Priority 1" means a critical full outage/severe issue that constitutes a catastrophic problem that causes complete inability to use the Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.
1.1.2. "Excluded" means the following:
220.127.116.11. Unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors.
18.104.22.168. Problems resulting from Customer's combining or merging the Services with any hardware or software not supplied by us or not identified by us in writing as compatible with the Services.
22.214.171.124. Interruptions or delays in providing the Services resulting from telecommunications, Internet service providers, datacenters, or hosting service providers failures as measured by our third party website availability monitoring provider.
126.96.36.199. Any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Services.
1.1.3. "Service Uptime" is calculated as (total hours in calendar month - unscheduled maintenance which causes unavailability - Priority 1 issue durations - scheduled maintenance - Excluded) / (Total hours in calendar month - scheduled maintenance - Excluded) X 100%.
1.2. Service Uptime. We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Services in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer's sole and exclusive remedy for failure to meet availability or support commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit equal to the pro-rated amount of fees applicable to the period of downtime as measured within two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%. The credit shall be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar months. Notwithstanding anything to the contrary in the Agreement or this section, this 'Service Uptime Commitment' section does not apply to our Free Services.
1.3. Maintenance. We will notify Customer of any planned maintenance expected to cause downtime of more than 5 minutes at least 96 hours prior to the desired date and time for maintenance. We will maintain a standard interval of time each week during which we will conduct standard maintenance on our systems without further Customer notice. We will notify Customer of the occurrence of emergency maintenance as soon as reasonably possible.
2. CUSTOMER SUPPORT
2.1. Access to Support. If you pay us a Subscription Fee for our Non-Enterprise Edition products, email and in-app support is included at no additional cost. If you pay us a Subscription Fee for our Enterprise edition products, then phone, email and in-app support is included at no additional cost.
2.2. Phone Support. Phone support for Enterprise edition subscriptions is available from 6 am to 6 pm PST (Pacific Standard Time) Monday through Friday at +1 (212) 202-5577, with reduced hours during holidays in the US.
2.3. Email and In-app Support. We accept email and in-app support questions 24 hours per day, 7 days per week. Email and in-app questions can be submitted through the help widget in the lower right hand corner of https://alo.ai , the Help menu in your ALO app or by emailing email@example.com. Email and in-app responses are provided during phone support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time.
3. SUPPORT LIMITATIONS
3.1. Issues resulting from your use of the ALO SDK or ALO API's or your modifications to code in the Services may be outside the scope of support.
3.2. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of ALO representatives.
Please also feel free to contact us if you have any questions about this Service Level Agreement or ALO’s practices, or if you are seeking to exercise any of your statutory rights. ALO will respond within a reasonable timeframe. You may contact us at success@ALO.ai or at our mailing address below:
211 Hope Street #893
Mountain View, CA 94042