Pirsonal Service Level Agreement

Updated: September 21, 2021

This Pirsonal Service Level Agreement (“SLA”) only applies to active paying customers and defines the uptime commitment that we make to certain paying subscribers (“you” or “your”). This SLA only applies (a) if specifically referenced on your Order Form or (b) from September 17, 2021. If you signed a contract with Pirsonal prior to September 17, 2021, we’ll honor your contract.

1. Uptime Commitment

1. We commit to make the Service Available at least 99% of the time, excluding Excused Downtime (the “Uptime Commitment”), weekends, and holidays in the US and Spain. Availability is calculated as follows: 100% times (x) (i) the total number of minutes in a calendar month minus (ii) the total number of whole minutes in the month that the Service was not Available, net of Excused Downtime; divided by (y) the total number of minutes in the month.
2. The Service is deemed “Available,” for (a) active Paying Customers, when (i) you or your users may, with appropriate hardware and sufficient bandwidth, use any Pirsonal application. Conversely, the Service is not Available when either or both of the foregoing use cases applicable to the particular Service is inoperable or substantially degraded.
3. Service unavailability shall be excused when due to any of the following (“Excused Downtime“): (a) Scheduled Maintenance up to two (24) hours per calendar month; (b) Emergency Maintenance up to one (24) hour per calendar month; (c) a force majeure event (including any act of God, natural disaster, fire, riot, the act of terrorism or cyber-warfare, the act of government, labor strike) to the extent the unavailability could not have been mitigated by the implementation of reasonable backup and recovery plans; (d) an outage that affects more than 20% of Internet traffic; (e) the unavailability of Amazon, Microsoft Azure, Owned Networks, Bunny or Google cloud-based services or any third-party Pirsonal vendor; (f) blocking or throttling by an Internet service provider or transit provider; or (g) your intentional acts, errors, or omissions.
4. Please note: You and your end-users are solely responsible for obtaining appropriate hardware and Internet access to use the Service. The Service shall not be deemed unavailable due to your or your end users’ inability to access it for reasons beyond our control.

2. Maintenance

1. Pirsonal may perform standard maintenance, upgrades, replacement of hardware or software, or any other activity that may impact Availability (collectively, “Scheduled Maintenance“) as we reasonably believe necessary to correct, maintain, and improve the Service. We will use commercially reasonable efforts to notify you of Scheduled Maintenance at least 24 hours before it begins.
2. We may perform any maintenance that we reasonably deem necessary to fix critical problems or patch vulnerabilities that could substantially impair the usability or performance of the Service. This will be done to the extent such maintenance cannot reasonably be performed during a Scheduled Maintenance window (“Emergency Maintenance“).
3. Pirsonal will use commercially reasonable efforts to perform Scheduled Maintenance and Emergency Maintenance during non-peak hours. We can’t guarantee that this Scheduled or Emergency Maintenance will not affect your account and the content you have created with Pirsonal.

3. Credits

1. Pirsonal will credit Client 5% of Service fees to active Pirsonal Clients for each period of 90 or more consecutive minutes of downtime; provided that no more than 60000 credits will accrue per day.
2. Downtime shall begin to accrue as soon as Client (with notice to Pirsonal) recognizes that downtime is taking place, and continues until the availability of the Services is restored.
3. In order to receive downtime credits, Client must notify Pirsonal in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit.
4. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Pirsonal will only apply credits to the month in which the incident occurred.
5. Company’s blocking of data communications or other Services in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.
6. Credits will not be applied to Professional Services
7. Credits will not be applied to variable fees such as overages and transactional fees, except that if your contract has an annual or monthly minimum commitment, that minimum will be considered a fixed fee.
8. Credits are not available and will be waived where you (a) fail to follow the above request procedures; (b) have materially breached your contract with us; or (c) have invoices totaling more than $100 that are more than thirty (30) days past due at either the time of your request or the time the Credit is to be applied.

4. Support Terms

1. Company will provide Technical Support to Client via email and chat channels on weekdays during the hours of 10:00 am through 6:00 pm GMT+2, with the exclusion of National Holidays (“Support Hours”) in the US or Spain.
2. Client may initiate a helpdesk ticket during Support Hours or anytime by emailing help@pirsonal.com.
3. Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

5. Video Rendering and Processing Speed

1. All accounts have an associated content processing queue (stages: queue, processing, done, error).
2. Pirsonal users are aware that video rendering, for real video files or interactive videos or dynamic landing pages, can take several seconds, minutes or hours to be generated as they are generated on demand.
3. Pirsonal does not guarantee real-time processing.
4. Pirsonal does not guarantee processing speed to Standard plans or plans running on the Standard Platform.
5. Only Enterprise accounts with dedicated or exclusive processing power can define the number of video content that can be processed at a single time and average processing speed based on previously approved requirements.
6. Customer is aware that the set amount of videos to be generated on any given period of time is based on the assumption that Pisonal’s servers are working every day during a 24-hour period of time. It is in Customer’s hands to create the procedures and workflows that will make this possible.
7. Unless otherwise specified, no refunds will be applied related to processing speed or queues.