Service Level Agreement

This document was last updated on Jan 1, 2021
Overview
This Koople Service Level Agreement (“SLA”) outlines the service levels to be provided in the delivery of the Koople Service.
1. Service Commitment
Koople makes the following SLA commitment:
The Koople Service will be available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any calendar month.
For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources
For Monthly Uptime Percentage less than 99.0% but equal to or greater than 95.0%, you will be eligible for a Service Credit of 25% of the charges attributable to the affected resources
For Monthly Uptime Percentage less than 95.0%, you will be eligible for a Service Credit of 100% of the charges attributable to the affected resources
We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Odd Labs S.L.. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
If (i) Koople fails to meet such Monthly Uptime Percentage in any two (2) consecutive month period, or (ii) the Monthly Uptime Percentage falls below 75% availability in any calendar month (excluding downtime due to planned downtime or other exclusion), customer shall have the right to terminate this Agreement upon five (5) days’ written notice to Koople, and upon termination as Customer’s sole and exclusive remedy, Koople shall promptly provide to Customer a refund of any fees paid in advance, which will be pro-rated from the date of termination.
2. Measurement Method
The "Monthly Uptime Percentage" will be measured using the total hours in an applicable calendar month (total time minus planned maintenance or exclusions as listed below) as the denominator, divided by the numerator, which is defined as the denominator value minus the time of any outages in Core Services in the monthly period. Koople uses monitoring services to monitor availability and measure the error rate. The SLA is based on the information from these tests that Koople makes publicly available on the Koople status page.
Koople shall provide notice to Customers of planned maintenance with at least 48 hours notice.
3. Exclusions
The Monthly Uptime Percentage shall not apply to service degradations caused by or related to any of the following:
  • Planned or emergency maintenance.
  • Issues caused by Customer after Koople advised Customer to modify Customer’s use of the Koople Service, if Customer did not modify its use as advised.
  • Any product or SDK that is no longer supported after End of Life.
  • Issues during beta and trial use of the Koople Service.
  • Issues that resulted from the use of third-party hardware or software, in which the third-party hardware or software caused the service degradation.
  • Services, circumstances or events beyond the reasonable control of Koople, including, without limitation, any Force Majeure events, the performance and/or availability of local ISPs employed by Customer, or any network beyond the demarcation or control of Koople.

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