ServiceNow Lightstep Observability Service - Customer Support Addendum
Table of Contents
SERVICENOW LIGHTSTEP OBSERVABILITY SERVICE - CUSTOMER SUPPORT ADDENDUM
1.1 Support. Customer may contact Lightstep Service support via https://docs.lightstep.com/docs/get-support-from-customer-success or by emailing email@example.com.
1.2 Service Levels. ServiceNow shall provide Uptime for the Lightstep Service in accordance with the Section 1.3 below. ServiceNow’s Uptime obligations only apply where Customer has implemented the latest available Updates (as defined below) to the Covered Lightstep Services.
1.3 Service and Software Updates. From time to time, ServiceNow may provide updates, patches, enhancements, or fixes for the Lightstep Service to its customers generally without additional charge (“Updates”), and such Updates will become part of the Lightstep Service and subject to this Agreement; provided ServiceNow shall have no obligation under this Agreement or otherwise to provide any such Updates. ServiceNow may cease supporting old versions or releases of the Ancillary Software at any time in its sole discretion; provided ServiceNow shall use commercially reasonable efforts to give Customer prior notice of any major changes to the Ancillary Software. Customer shall, within five (5) business days after notice of an Update to the Ancillary Software, implement such Update and cease using the prior version or release of the Ancillary Software.
1.4 Availability SLA. If the Covered Lightstep Services (as defined below) are Available less than 99.9% during a calendar month (“Uptime”), Customer’s exclusive remedy is to request ServiceNow issue a service credit (“Service Credit”) to Customer for the dollar value of the number of minutes the Covered Lightstep Serviced were not Available in the month. Service Credits are determined at the deemed per-minute rate ServiceNow charges to Customer for use of the Covered Lightstep Services. Customer may request ServiceNow apply a Service Credit to the next invoice for Lightstep Service. Customer must request all Service Credits in writing to ServiceNow within 30 days of the end of the month in which the Availability SLA was not met. ServiceNow may delay issuing Service Credits until such amounts reach $1,000 USD or equivalent currency specified in the applicable Order Form.
1.5 Service Level and Updates specific Definitions. 1.5.1 “Available” means the Covered Lightstep Service can be accessed during a calendar month, excluding Excused Downtime and Notification.
1.5.2 “Covered Lightstep Services” consist of (a) ServiceNow’s Lightstep Observability webapp available at https://app.Lightstep.com, and (b) ServiceNow’s Lightstep Observability HTTP endpoints served at one or more of the addresses bound to api-all.Lightstep.com and under paths matching /Lightstep.* and /_rpc/v1/*. (These are APIs used by the Ancillary Software provided by ServiceNow).
1.5.3 “Excused Downtime” means, scheduled maintenance resulting in unavailability of the Covered Lightstep Services shall not be included as not Available; provided there shall be no more than five (5) sessions of scheduled maintenance that result in downtime per month. All scheduled maintenance shall be conducted between the hours of 9:00 PM (PT) and 6:00 AM (PT) after supplying Customer with two (2) days advance notice. To the extent ServiceNow conducts maintenance on the Covered Lightstep Services outside of the scheduled window without Customer's prior consent, such unavailability of the Covered Lightstep Services shall be included in the calculation of Availability. In addition, where any of the following is a cause of unavailability of the Covered Lightstep Services, the duration of such unavailability shall not be included in the calculation of Available: (i) Customer’s acts other than in accordance with the Agreement, including, without limitation, any negligence, willful misconduct or use of the Covered Lightstep Services in breach of the Agreement; (ii) Force Majeure - circumstances beyond ServiceNow’s reasonable control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in telecommunications or internet services.
1.5.4 “Notification” means in each case, in order to allow ServiceNow a meaningful opportunity to record, test and remedy Available as expeditiously as possible, calculation of whether the Covered Lightstep Service was not Available will not commence until the earlier of (i) Customer supplying ServiceNow with written notification (email is acceptable) of suspected time when the Covered Lightstep Service was not Available (such notice to be effective when sent) or (ii) ServiceNow becoming aware of a verifiable period where the Covered Lightstep Service was not Available by means other than such notification. The Customer can report if the Covered Lightstep Service was not Available by emailing support@Lightstep.com or notifying its ServiceNow account manager.