- Service Level Agreement. During the Subscription Term for which Olive Technologies, Inc. (“Olive”) has agreed to provide the Olive application (“Website”) to you (located at https://olive.app), we will use commercially reasonable efforts to provide a Monthly Uptime Percentage to you of no less than 99.9%.
- Service Credits. (a) If we confirm there is a failure to meet the Service Level Agreement in a particular calendar month and you make a request for service credit within fifteen (15) days after the end of such calendar month, you will be entitled to a credit based on (a) the monthly fees invoiced for the Website in the month experiencing such failure, if you have a monthly subscription plan or (b) 1/12 of annual fees invoiced for the Website, if you have an annual plan (“Service Credit”). To receive a Service Credit, you must submit an email to email@example.com with the subject line: “Service Credit Request”, and provide any other reasonable information or documentation to support your claim, including the date(s) and time(s) of the outage.. Our monitoring and logging infrastructure is the source of truth for determining Monthly Uptime Percentage, errors and whether we have met the Service Level Agreement. All calendar months will be measured in the UTC time zone. (b) The Service Credit will be calculated as set forth below:
Monthly Uptime Percentage
Service Credit (% of monthly fees for the Website)
|Less than 99.9% but greater than or equal to 99.0%||10%|
|Less than 99.0% but greater than or equal to 95.0%||25%|
|Less than 95.0%||50%|
We will apply each Service Credit against a future payment otherwise due from you for the Website, provided that your account is fully paid up, without any outstanding payment issues or disputes. No refunds or cash value will be given for unused Service Credits. Service Credits are non-transferable and may not be applied to any other Olive services, training, or support fees. The aggregate maximum Service Credits applied to an invoice will not exceed 100% of the amount invoiced for the affected Cloud Product in that invoice billing period (as opposed to the actual month in which the affected Cloud Product was unavailable). We reserve the right to deny a Service Credit if you do not qualify for one.
- Exclusions. You will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Agreement will not include unavailability to the extent due to: (a) your use of the Cloud Products in a manner not authorized in the Terms or not in accordance with the applicable Documentation; (b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (c) your equipment, software, network connections or other infrastructure; (d) Your Data or Your Materials (or similar concepts as defined in the applicable Terms); (e) third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or (f) routine scheduled maintenance or reasonable emergency maintenance. No Service Level Agreement or Service Credits are provided for free, proof-of-concept, beta, or trial services.
- Exclusive Remedies. Service Credits are your sole and exclusive remedy, and our sole and exclusive liability, for our failure to meet the Service Level Agreement.
- Olive Services costs. If you have a services agreement with Olive where Olive is providing you additional services at a cost over and above your license fees and any Website downtime results in a delay of services completion, Olive will not charge you for any extra time directly attributable to the website downtime.
6.. Definitions. All capitalized terms not otherwise defined are as set forth in the Olive Terms and Conditions or your applicable agreement with Olive
- “Covered Experiences” means the listed experiences and features covered by your purchased Olive license(s).
- “Monthly Uptime Percentage” means 100% minus the percentage of Downtime minutes out of the total minutes in the relevant calendar month.
- “Downtime” for the Website occurs when its Error Rate is greater than 5%.
- “Error Rate” means, over a given 1-minute period, the percentage of your requests to the Website’s Covered Experiences resulting in an error out of your total requests to those Covered Experiences. For cases in which we confirm all Covered Experiences were completely inoperable or unable to receive your requests, the Error Rate for that minute is 100%. If you attempted no requests to any of the Covered Experiences over a minute, the Error Rate is 0%.