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Last updated April 3, 2023
This Service Level Exhibit (the “SLA”) is subject to and part of that ModernLoop SaaS Customer Agreement (the “Agreement”) between ModernLoop and Customer. Unless otherwise defined hereunder, terms used with capital letters shall have the meaning ascribed to the under the Agreement. The SLA describes the Uptime commitment ModernLoop makes to Customer in the provision of the ModernLoop Offering pursuant to that Order Form entered into between ModernLoop and Customer.
This SLA was updated April 3, 2023. ModernLoop reserves the right to periodically modify the SLA, and such changes will automatically become effective and applicable to any Order Renewal Term and any Order Form entered into after changes are made.
“Uptime” is the percentage of total possible minutes ModernLoop was available during a calendar month. ModernLoop’s commitment is to maintain at least 99.0%. Uptime is calculated according to the following formula:
[(total minutes in calendar month – Downtime) / total minutes in a calendar month] > 99.0%
ModernLoop provides a 99.0% Uptime commitment for the Customer during any Order Initial Term and Order Renewal Term (if any).
To review current and historical Uptime, visit http://status.modernloop.io/uptime.
“Downtime” is the overall number of minutes the ModernLoop Offering were unavailable during a calendar month and which were caused by ModernLoop’s actions or omissions. Downtime excludes the following:
• Slowness or other performance issues with individual features (search, file uploads, etc.)
• Issues that are related to external apps or third parties (i.e. Chrome, Zoom, Gmail, Greenhouse, Lever, etc.)
• Any products or features identified as pilot, alpha, beta or similar
• External network or equipment problems outside of our reasonable control, such as bad routing tables between your internet service provider (ISP) and our server
• Scheduled Downtime
• Reasonably emergency updates
• The ModernLoop Offering not being used in accordance with the Agreement and the Documentation.
ModernLoop may need to perform maintenance to keep the ModernLoop Services working smoothly or to provide fixes and updates (“Scheduled Downtime”).
If ModernLoop falls short of the 99.0% Uptime commitment and the value of the impact on Customer is greater than ten dollars ($10), the Customer may be eligible for a credit equal to 10 times the amount paid by Customer attributable to the Downtime of the relevant ModernLoop Offering (“Service Credits”). To be eligible for a Service Credit, Customer must submit a written request to ModernLoop within 15 calendar days of any event resulting in Downtime (“Incident”) and request to ModernLoop to apply a Service Credit to the Customer account. ModernLoop shall make a good-faith determination as to whether the Customer is entitled to Service Credits as per the SLA. The Service Credits owed by ModernLoop to Customer will be in the form of monetary credits applied against future Fees payment due from Customer for additional purchases of ModernLoop Offerings.
For the avoidance of any doubt, Service Credits are not refunds, cannot be exchanged into a cash amount, and are capped at a maximum of 30 days of paid ModernLoop Offering. Notwithstanding anything to the contrary in the Agreement, Service Credits will expire upon any termination or non-renewal of the Agreement by Customer. Service Credits are the sole and exclusive remedy for any failure by ModernLoop to meet its obligations under this SLA.
As our business evolves, we may change our Service Level Agreement. Customers can review the most current version of the Service Level Agreement at any time by visiting this page or any successor website.
Please contact ModernLoop at legal@modernloop.io with any questions regarding the SLA.