Service Level Agreement

Effective as of July 1st, 2018 and in line with the General Data Protection Regulation (GDPR).
Click here to learn more about Xeno in regard to the GDPR.

This Xeno Service Level Agreement (“SLA”) between Ask Technologies, Inc. (“Xeno”, “us” or “we”) and users of the Xeno Paid Plans (“you”) governs the use of the Paid Plans under the provisions of the Xeno Subscription Agreement.

Unless otherwise provided herein, this SLA is subject to the provisions of the Subscription Agreement.

1. Definitions

  • “Level(s)” means Service-Levels as defined in our Pricing page. We provide 3 different types of Service-Levels: Level 1, Level 2, Level 3.
  • “Maintenance” means scheduled Unavailability of the Paid Plans, as announced by us prior to the Paid Plans becoming Unavailable.
  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Paid Plans were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
  • “Paid Plan(s)” means the paid subscription(s) that we provide (most of our Paid Plans and Subscriptions are visible from our Pricing page).
  • “Paid Plan Credit” means a credit denominated in U.S. Dollar (USD), in European Euro (EUR) or in Japanese Yen (JPY), calculated as set forth below, that we may credit back to an eligible account.
  • “Unavailable” and “Unavailability” mean, when your Paid Plan is not running or not reachable due to Xeno’s fault.

2. Paid Plan Commitment: Uptime Percentage

Level 1 Paid Plan Commitment: 99.95% Uptime

Xeno will use commercially reasonable efforts to make your Paid Plans available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “ Paid Plan Commitment”). Subject to the SLA Exclusions, if we do not meet the Paid Plan Commitment, you will be eligible to receive a Paid Plan Credit.

A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.6 minutes / month of Unavailability for a 30-day month.

Level 2 Paid Plan Commitment: 99.975% Uptime

Xeno will use commercially reasonable efforts to make your Paid Plans available with a Monthly Uptime Percentage of at least 99.975% during any monthly billing cycle (the “ Paid Plan Commitment”). Subject to the SLA Exclusions, if we do not meet the Paid Plan Commitment, you will be eligible to receive a Paid Plan Credit.

A Monthly Uptime Percentage of 99.975% means that we guarantee you will experience no more than 10.8 minutes / month of Unavailability for a 30-day month.

Level 3 Paid Plan Commitment: 99.997% Uptime

Xeno will use commercially reasonable efforts to make your Paid Plans available with a Monthly Uptime Percentage of at least 99.997% during any monthly billing cycle (the “ Paid Plan Commitment”). Subject to the SLA Exclusions, if we do not meet the Paid Plan Commitment, you will be eligible to receive a Paid Plan Credit.

A Monthly Uptime Percentage of 99.997% means that we guarantee you will experience no more than 1.30 minutes / month of Unavailability for a 30-day month.

3. Paid Plan Commitments and Paid Plan Credits

Paid Plan Credits are calculated as a percentage of the total charges due on your invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Paid Plans that were Unavailable, in accordance with the schedule below:

For Level 1:

  • For Monthly Uptime Percentage less than 99.997% but equal to or greater than 99.975%, you will be eligible for a Paid Plan Credit of 4% of the charges attributable to the affected resources.
  • For Monthly Uptime Percentage less than 99.975% but equal to or greater than 99.95%, you will be eligible for a Paid Plan Credit of 8% of the charges attributable to the affected resources.
  • For Monthly Uptime Percentage less than 99.95%, you will be eligible for a Paid Plan Credit of 12% of the charges attributable to the affected resources.

For example, if you have an Unavailability for 11 minutes, you would be eligible for a Paid Plan Credit for 8% of that Paid Plan for the month.

For Level 2:

  • For Monthly Uptime Percentage less than 99.997% but equal to or greater than 99.975%, you will be eligible for a Paid Plan Credit of 8% of the charges attributable to the affected resources.
  • For Monthly Uptime Percentage less than 99.975% but equal to or greater than 99.95%, you will be eligible for a Paid Plan Credit of 16% of the charges attributable to the affected resources.
  • For Monthly Uptime Percentage less than 99.95%, you will be eligible for a Paid Plan Credit of 24% of the charges attributable to the affected resources.

For example, if you have an Unavailability for 11 minutes, you would be eligible for a Paid Plan Credit for 16% of that Paid Plan for the month.

For Level 3:

  • For Monthly Uptime Percentage less than 99.997% but equal to or greater than 99.975%, you will be eligible for a Paid Plan Credit of 16% of the charges attributable to the affected resources.
  • For Monthly Uptime Percentage less than 99.975% but equal to or greater than 99.95%, you will be eligible for a Paid Plan Credit of 32% of the charges attributable to the affected resources.
  • For Monthly Uptime Percentage less than 99.95%, you will be eligible for a Paid Plan Credit of 48% of the charges attributable to the affected resources.

For example, if you have an Unavailability for 11 minutes, you would be eligible for a Paid Plan Credit for 32% of that Paid Plan for the month.

We will apply any Paid Plan Credits only against future payments for the Paid Plans otherwise due from you. At our discretion, we may issue the Paid Plan Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Paid Plan Credits will not entitle you to any refund or other payment from Xeno. A Paid Plan Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than twenty five dollars ($25 USD). Paid Plan Credits may not be transferred or applied to any other account.

4. Sole Remedy

Unless otherwise provided in the Subscription Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Paid Plans is the receipt of a Paid Plan Credit (if eligible) in accordance with the terms of this SLA.

5. Credit Request and Payment Procedures

To receive a Paid Plan Credit, you must submit a claim by emailing hello (at) xenoapp (dot) com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  • the words “SLA Credit Request” in the subject line;
  • the dates and times of each Unavailability incident that you are claiming;
  • the account handle(s); and
  • logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Paid Plan Commitment, then we will issue the Paid Plan Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Paid Plan Credit.

6. SLA Exclusions

The Paid Plan Commitment does not apply to any Unavailability:

  • That results from a suspension or Remedial Action, as described in the Subscription Agreement;
  • Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of Xeno;
  • That results from any actions or inactions of you or any third party;
  • That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
  • That results from failures of Paid Plans not attributable to Unavailability
  • That results from any Maintenance.
  • If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Paid Plan Credit considering such factors at our discretion.