Service Level Agreement

This Service Level Agreement ("SLA") forms an integral part of and is subject to the agreement or Terms of Service entered into by and between Adaptive Shield Inc. or A.S. Adaptive Shield Ltd., as applicable ("Provider") and its customer ("Customer") that references this SLA ("Agreement"). Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. This SLA may be updated from time to time at Provider's sole discretion. Please revisit this page from time to time to stay up to date on the latest SLA terms.
1.
Support. Subject to the terms and conditions hereof and the Agreement, Provider shall use commercially reasonable efforts to diagnose and correct verifiable and reproducible problems ("Errors") when reported to Provider in accordance with the procedures set forth herein. Provider offers two tiers of support: Tier 1 support addresses basic issues, while Tier 2 support requires technical bug fixing or technical research. Tier 1 support issues can be addressed through the documentation found in Provider's online help center.
2.
Managed Security Service Provider. If Customer has purchased a license to the Solution from an authorized Managed Security Service Provider ("MSSP"), the MSSP is solely responsible for providing support and Customer shall not contact Provider directly for support.
3.
Reporting. Customer is required to report Errors in a timely manner per email to support@adaptive-shield.com. Customer shall assist Provider in addressing the issue as necessary, including assistance in assessing, reproducing, and finding acceptable solutions to resolve an Error. Customer shall further provide Provider with access to its personnel and equipment as necessary to address any Error.
4.
Response Times. Provider shall promptly respond to Customer's requests for support services during Business Days (defined below) within the time frames set forth below. Please note resolutions to Errors may take the form of a workaround or other such temporary solution. Notwithstanding the foregoing, Provider cannot commit to response times where a fix or update is required of a third-party service provider.

Severity Levels

1

Description

Software errors that cause a total system failure impacting all users or total failure of a critical functional area, causing critical disruption of Customer's business.

Severity Levels

2

Description

Software errors that cause a limited failure of a critical functional area. The Solution is degraded but remains usable. Remaining areas are still usable and the impact on the Customer's business is moderate to severe.

Severity Levels

3

Description

Questions or issues regarding data, settings, or other items within the portal.

Severity Levels

4

Description

General support questions.

Severity Levels

5

Description

Feature or enhancement requests.

Severity Level
Description
Response Time
1.
Software errors that cause a total system failure impacting all users or total failure of a critical functional area, causing critical disruption of Customer's business.
Within 6 Business Hours 
2.
Software errors that cause a limited failure of a critical functional area. The Solution is degraded but remains usable. Remaining areas are still usable and the impact on the Customer's business is moderate to severe.
Within 2 Business Days
3.
Questions or issues regarding data, settings, or other items within the portal.
Within 3 Business Days
4.
General support questions.
Within 5 Business Days
5.
Feature or enhancement requests.
To be determined on a case-by-case basis through the assigned CSM.
The response times set forth above are measured from the time an Error is reported in accordance with this SLA.
5.
Exclusions. Provider shall have no obligation to provide support services hereunder if the Solution: (i) has been used other than in accordance with the Agreement, Provider's instructions, or applicable documentation, including use with unauthorized third-party or Customer software, hardware, network infrastructure, or other technology; (ii) has been modified, repaired, serviced, maintained, or altered by anyone other than Provider and without Provider's prior written approval; (iii) has been damaged as a result of Customer's act or omission or any other event over which Provider does not have control, including a force majeure event; or (iv) to the extent any error is the result of Customer's failure to install updates and upgrades provided by Provider.
5.
Exclusions. Provider shall have no obligation to provide support services hereunder if the Solution: (i) has been used other than in accordance with the Agreement, Provider's instructions, or applicable documentation, including use with unauthorized third-party or Customer software, hardware, network infrastructure, or other technology; (ii) has been modified, repaired, serviced, maintained, or altered by anyone other than Provider and without Provider's prior written approval; (iii) has been damaged as a result of Customer's act or omission or any other event over which Provider does not have control, including a force majeure event; or (iv) to the extent any error is the result of Customer's failure to install updates and upgrades provided by Provider.
6.
Data and Recovery. Customer will be solely responsible for the management of its data back-up, data recovery, and disaster recovery measures. Provider will not be responsible or held liable for Customer's internal processes, procedures, or requirements to ensure the protection, loss, confidentiality, or security of Customer's data or information.
7.
Service Credits. Provider will provide Customer with service credits in the amounts listed below in the event that, as a result of Provider's breach of the support obligations set forth herein, the Uptime (as defined below) of the Solution does not equal or exceed the corresponding percentage set forth in the table below in a given month. In the table below, service credits will equal a dollar value equal to the percentage of the amount paid by the Customer for the month that the applicable Uptime levels were not attained. The Customer must request service credits in writing within 10 days of the applicable calendar month or else forfeit such credit. Service credits may only be applied to a future invoice issued by the Provider and otherwise have no cash or other value.
Monthly Uptime
Service Credit
<99%
10%
<98%
50%
<95%
100%
8.
Definitions
8.1.
"Business Days" and "Business Hours" means Monday – Friday, 9am to 5pm EST, excluding days on which the banks in the US are closed.
8.2.
"Downtime" means time during which the Solution is unavailable, provided, however, that any time during which Solution is not available due to any of the following shall not be considered Downtime: Maintenance Time (as defined below); a force majeure event; any systemic Internet failures; any failure in the user's hardware, software, network connection and/or any other third-party technology or equipment, including failures in the telecommunications infrastructure or hosting or cloud provider; Customer's user's bandwidth restrictions; Customer's user's acts or omissions; anything outside of the direct control of Provider; and Provider's termination of Customer's right to use the Solution in accordance with the Agreement.
8.3.
"Maintenance Time" means the time during which the Solution may not be available each month so that Provider can perform maintenance, provided that Provider will endeavor to provide advanced notice of any such maintenance. Maintenance is done outside of business hours.
8.4.
"Total Monthly Minutes" means the number of days in the month multiplied by 1,440 minutes per day.
8.5.
"Uptime" is calculated as the Total Monthly Minutes in which the Platform is not experiencing Downtime.
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