This swXtch.io Service Level Agreement (this “SLA”) governs the use of the Services (defined below) by you or the entity you represent (“you” or “Customer”) under the terms of the swXtch.io Terms and Conditions (the “Terms and Conditions”) between swXtch.io LLC (“swXtch.io”, “us” or “we”) and you. This SLA applies separately to each account using the Services. Unless otherwise provided herein, this SLA is subject to the Terms and Conditions and capitalized terms will have the meaning specified in the Terms and Conditions. We reserve the right to change the terms of this SLA in accordance with the Terms of and Conditions.
1. Support Services.
During the Subscription Term, Customer will have access to Support Services in accordance with the Support Terms. “Support Terms” means the terms provided by SwXtch.io, or an authorized support partner, to Customer and which are described in Appendix A.
swXtch.io shall not be responsible for providing Support Services for software, firmware, hardware not supplied by swXtch.io. Services described herein do not include any support of any failure or defect in the Services solely caused by Customer, or if any Services (or any component of the foregoing) has been used in a manner not materially conforming to the requirements or suggestions in swXtch.io documentation or in this SLA, or if any Services (or any component of the foregoing) is used by Customer on an unsupported platform or hardware or has been altered or modified by Customer without swXtch.io’s approval or otherwise in a manner reasonably contemplated by this SLA.
3. Service Level Commitment
a) Service Level. During the Term, swXtch.io agrees that the components of swXtch.io cloudSwXtch will be operational and available, subject to the availability of the Cloud Services, to Customer, except for unavailability of the Services due to the exclusions described in Section 6 below (“Service Level Commitment Exclusions”).
b) Definitions. The following definitions shall apply to the swXtch.io Performance Commitment.
I. “Services” means the swXtch.io software made available to the Customer and purchased by the Customer from time to time.
II. “Downtime” means, for a Customer, if the Services are not accessible to or functional for the Customer, unless a direct result of the lack of availability of Cloud services.
III. “Response time” means the time to respond to a support request governed by the Support Level purchased in Appendix A. The time is started by the timestamp in the online ticket submission.
c) Service Level Commitment Exclusions. The Service Level Commitment does not apply to (i) unavailability of the Services caused by factors outside of swXtch.io’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, pandemic, civil unrest, acts of terror, strikes or other labor problems (other than those involving swXtch.io employees); (ii) unavailability of the Services that result from internet access, equipment and/or software of Customer or other third parties where such equipment and/or software is not within the reasonable control of swXtch.io ; (iii) unavailability of the Services caused by use of the Services (or any component thereof) by Customer in a manner not materially conforming to the requirements described in the Documentation or in the SLA .
d) Amendments. Except where prohibited by applicable law or as otherwise agreed in the order form, swXtch.io may unilaterally amend this SLA, in whole or in part (each, an “Amendment”), by: (i) giving customer prior notice of such Amendment; or (ii) posting notice of such Amendment on the swXtch.io website. Unless otherwise indicated by swXtch.io any such Amendment will become effective as of the date the notice of such Amendment is provided to Customer or is posted on the website (whichever is the earlier).
The following will be excluded from any time-based calculations related to a class of service being Unavailable: (i) your misuse of a particular class of service, (ii) force majeure events, denial of service attacks, virus or hacking attacks for which there is no commercially reasonable, known solution, or any other events that are not within our direct control or that could not have been avoided with commercially reasonable care.
swXtch.io's monitoring tools, data, and records will be the sole source of information used to track and validate availability of the problem. Upon request, swXtch.io will provide to you, within 45 days after a confirmed SLA Event (but no more than once per calendar year), a copy of the Availability report that swXtch.io makes generally available to customers.
See swXtch.io website pricing table for support terms.