General Service Commitment

Nosto will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage of at least 99.5%, in each case during any calendar month (the “Service Commitment”). In the event the Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Services was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Nosto SLA Exclusion.

“Service Credit” is a dollar or euro credit, calculated from the customer’s monthly price for the Service, that Nosto may credit back to an eligible account.

“Unavailable” and “Unavailability” mean a major outage so that the service published through http(s)://connect.nosto.com is not responding or requests are timing out. Service availability is monitored by a third party monitoring service selected by Nosto and the information will be available in Nosto’s public status page (https://status.nosto.com)

Monthly Uptime

We will apply any Service Credits only against future payments for the Service otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Nosto. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than 50 EUR/USD. Service Credits may not be transferred or applied to any other account. 

Nosto SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Service, or any other Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Service; (ii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension or termination of your right to use the applicable Service in accordance with the Agreement that you have entered or will enter into with Nosto (the “Agreement”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case by sending an email to support@nosto.com. To be eligible, the credit request must be received by us latest 30 days after the incident occurred and must include:

1. the words “SLA Credit Request” in the subject line; and

2. the dates and times of the Unavailability incident that you are claiming.

3. You may also include request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced).

If the Monthly Uptime Percentage of such a request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and Nosto’s sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Included Services.

Response Times                                                

The response time is the maximum duration time from when you report an incident, to the time an initial response is sent back to you. The support team operates 9:00 – 18:00 CEST Monday to Friday for first line support and 9:00 – 18:00 EEST for developer support (see the section ‘Support contact details’ and “Support Definitions” later in this document for more details). The table below shows ‘initial response’ and ‘ongoing update’ target times for support requests.

Exclusions                                                    

Support services do not include: 

●  User training

●  Assistance with internet service provider (ISP) issues not caused by the us

●  Assistance with API code or external integrations not provided for or officially supported by

●  Assistance with issues relating to hardware, software or network equipment not owned or operated by us.

The following incident resolution definitions apply:
                                                                                 
Workaround (Temporary Fix): An agreed temporary workaround of the incident will allow you to use the service without noticeable degradation in the service as per the requirements of that priority level. Also, in some instances a temporary fix may not be available or appropriate in which case we’ll inform you of the estimated permanent fix resolution time. When a workaround/fix is provided, we’ll agree with you on the timescales for the delivery of the permanent fix.
                                                                                 
Permanent Fix: A permanent fix of the incident that restores the system to full performance and functionality, consequently becomes part of the installed/maintained hardware/software. In some instances, the temporary fix can become the permanent fix. However, for SLA monitoring purposes we’ll treat Priority Level 1 incidents and service affecting Priority Level 2 incidents as resolved when a workaround is implemented, and you are able to use the service without noticeable degradation.

Response Time Credits

Support Contact Details

You can visit our contact us page for our full contact information. You can also initiate a support conversation by emailing support@nosto.com or starting a chat using our in app message box on my.nosto.com.

Support Definitions

First Line Support – Our support team will investigate your request directly to help you resolve any issues.

Developer Support – Issues not solvable by first line support will be escalated to our development support via a ticket system.