Standard Service Level Agreement
This Lightstep Incident Response Service Level Agreement (“SLA”) applies to your use of the Lightstep Incident Response Service and is governed by the Lightstep Incident Response Terms of Service (the “TOS”). The SLA applies separately to each account using the Lightstep Incident Response Service and it does not apply if you are a Trial subscriber. Unless otherwise provided herein, capitalized terms will have the meaning specified in the Agreement. Lightstep Incident Response reserves the right to change the terms of this SLA from time to time in accordance with the TOS.
“Contact Information”means the names, email addresses, and telephone numbers of Recipients.
“Delivery Service”means a third-party service provider used to send notifications to a Recipient, for example a telephone service (e.g., T-Mobile, Verizon, AT&T), push notification provider (e.g., Google, Apple), SMS provider, or email provider.
“Incident” means an event that triggers the Service to alert a Recipient using the Contact Information. In order for the Service to recognize and respond to Incidents, Customer must configure the Service and supply the Contact Information in accordance with the Documentation to recognize and respond to Incidents.
“Lightstep Incident Response Service”means Lightstep Incident Response’s cloud-based incident response platform and related software cloud products purchased by the Customer. Any products that are excluded from this SLA or where this SLA is modified will be specifically noted in the Product Terms and Conditions.
“Recipient(s)”means the individuals allowed to access the Lightstep Incident Response Service and designated by the Customer to receive notifications from the Lightstep Incident Response Service.
Lightstep Incident Response will use commercially reasonable efforts to meet the following service level commitments for the stated functions from the Lightstep Incident Response Service: Lightstep Incident Response’s ability to provide basic acknowledgement and resolution functionality via our web application will be available 99% of the time during any calendar month.
Lightstep Incident Response is not responsible for failures caused by factors not in Lightstep Incident Response’s control including but not limited to failures caused by:
Problems beyond or outside of the Lightstep Incident Response Service including (i) Customer’s own telecommunications, Delivery Service or internet service providers, email domain server availability or mobile push notification providers; (ii) a Force Majeure Event; or (iii) intentional or accidental filtering of network traffic by national governments, carriers or regulatory bodies. “Force Majeure Event” means (i) compliance with any act, order, demand or request of any government, governmental authority, or government agency; (ii) labor disputes, work stoppages or slowdowns of any kind; (iii) fires or hurricane, earthquake, flood and other natural disasters or fires; (iv) war, rebellion, act of terrorism, or civil disorder; (v) systemic internet issues or any other act or omission of any telecommunication or services provider; (vi) suspension of your right to use Lightstep Incident Response in accordance with the Agreement and/or the Lightstep Incident Response Terms, and (vii) routine scheduled maintenance; (viii) any other cause beyond Lightstep Incident Response’s reasonable control.
Issues that arise from Lightstep Incident Response’s suspension or termination of Customer’s right to use the Service as allowed or required by the TOS, Acceptable Use Policy, government or court orders, or other agreements.
Lightstep Incident Response uses a proprietary system that consists of both internal and 3rd party monitoring services to service availability. Customer agrees that this system will be the sole basis for resolution of any dispute that may arise regarding this SLA.
Customer will (i) configure and use the Service correctly in accordance with the Documentation; (ii) follow proper procedure in communicating the Incident to Lightstep Incident Response; and (iii) maintain and update all Contact Information. Lightstep Incident Response’s ability to meet its obligations in this SLA are dependent upon Customer performing its responsibilities.
If Lightstep Incident Response fails to meet the SLA set forth herein, Customer may receive a service credit. Customer will be eligible for a credit toward future fees owed to Lightstep Incident Response for the Lightstep Incident Response Service. The Service Credit is calculated as ten percent (10%) of the fees paid for or attributable to the month when the alleged SLA breach occurred.
Service Credits are subject to the following:
Customer must submit a written Service Credit request to Lightstep Incident Response firstname.lastname@example.org fifteen (15) days of occurrence of the alleged SLA breach. Customer must include reasonable evidence that they were affected by the alleged SLA breach.
Service Credits are not cumulative, that is, there shall only be a single Service Credits given for all Delivery Failures with a single cause.
Service Credits are capped at a maximum of twenty five percent (25%) of total fees paid for or attributable to the calendar month when the alleged SLA breach occurred.
Customers who are past due on any payments owed to Lightstep Incident Response are not eligible to receive Service Credits.
Service Credits cannot be exchanged for cash. Service Credits don’t entitle customer to a refund or any other payment from Lightstep Incident Response.
THIS SERVICE LEVEL AGREEMENT SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF SERVICE AVAILABILITY OR NON-PERFORMANCE OR FAILURE TO CONTACT THE DESIGNATED PERSONNEL.