Last Updated July 30, 2020
FreeClimb is a cloud-based Communications Platform as a Service that provides an API that allows businesses to integrate voice and messaging services into their software applications (“FreeClimb API Services”). This Service Level Agreement (“SLA”) governs the use of FreeClimb API Services pursuant to the Terms of Service (“Terms”) and Acceptable Use Policy (“AUP”) between Vail Systems, Inc. (“Vail”), which owns FreeClimb, and any user of FreeClimb API Services. This SLA does not apply to trial accounts or Beta Services as defined in the Terms. Note that this SLA limits our liability to you. See Section 4 of this agreement. Capitalized terms used but not defined in this SLA shall have the meaning ascribed to them in the Terms.
- Service Unavailability refers to any outage associated with your access to FreeClimb API Services reported by you within forty-eight (48) hours of the outage and confirmed at the sole discretion of Vail but does not include any outages described in Section 2 below. You will deliver the notice of outage via an email to firstname.lastname@example.org. A trouble ticket will be generated. Besides monitoring FreeClimb API Services on a 24/7 basis, Vail continuously executes a diagnostics test to determine the availability of FreeClimb API Services. The results of this test will be utilized for determining the occurrence of Service Unavailability. Any outage not caused by Service Unavailability will be considered as being caused by your application(s), and no service credits will be issued.
- Service Unavailability does not include outages associated with scheduled maintenance (whether normal or urgent maintenance) events, outages or disruptions caused by you, and failures in your applications, software, network or equipment. No Service Unavailability shall be deemed to have occurred with respect to any unavailability, suspension or termination of FreeClimb API Services, or any other FreeClimb API Services performance issues, that (i) are caused by factors outside of Vail’s reasonable control, including, without limitation, any force majeure event, carrier-related problems or issues, or Internet access or related problems beyond the demarcation point of FreeClimb API Services (i.e., beyond the point in the network where Vail maintains access and control over FreeClimb API Services); (ii) result from any actions or inactions of you or any third party; (iii) result from applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Vail’s direct control); or (iv) arise from Vail’s suspension and termination of your right to use FreeClimb API Services in accordance with the Terms.
- Vail has targeted FreeClimb API Services availability of 99.95%. The Service Unavailability time refers to a period during which FreeClimb API Services is unable to process API requests and the cause of the failure is determined not to be customer hardware, applications, content, carrier network, Internet access or the other critical components required for Service Availability. The Service Unavailability maximum time may vary depending on the total number of days in the month. For example, in a typical thirty (30) day month, the Service Unavailability maximum would be twenty-two (22) minutes. If Vail exceeds the maximum Service Unavailability time of twenty-two (22) minutes during that particular month, then Vail would be liable to provide the Customer a 10% service credit based on that Customer’s billing for the month.
||Monthly Uptime Percentage Threshold
|“Services” as defined in the Agreement
||10% credit equivalent
|Any Support Agreement
||The terms of that agreement override the
Terms set forth in this SLA
- Your sole and exclusive remedy and Vail’s sole liability for Service Unavailability is set forth in this SLA.