Service Level Agreement

Introduction

We will use commercially reasonable efforts to ensure that the Covered Service is operational and available to the Customer at least 99% of the time in any calendar month (the “Trainery SLA”).

If Trainery does not meet this SLA in a given calendar month, and the Customer complies with its obligations under this Service Level Agreement, the Customer will be eligible to receive the Service Credits described below.

This SLA represents the Customer’s sole and exclusive remedy for any failure of Trainery Software to meet the agreed service levels.

Definitions

• "Covered Service” or “Service” means Trainery One. This does not include other related Trainery Software services, such as the Trainery API.
• “Downtime” means, subject to the exclusions set forth in this Service Level Agreement, any period during which the Customer is unable to access the Covered Service due to server-side errors or connectivity issues attributable to Trainery Software, as determined by Trainery’s system logs and records.
• “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime in that month, divided by the total number of minutes in that month.
• A need to preserve data as part of an investigation, a legal process, or enforcement of rights

Maximum Service Credit

The maximum aggregate Service Credit issued by Trainery Software for all Downtime in a single calendar month will not exceed fifteen (15) days of Service added to the end of the Customer’s term.

The maximum aggregate Service Credit issued by Trainery Software for all Downtime in a single calendar month will not exceed fifteen (15) days of Service added to the end of the Customer’s term.

For monthly billing customers, this may be issued as a monetary credit equivalent to fifteen (15) days of Service.

Scheduled and Unscheduled Maintenance

Any “Scheduled Maintenance” time does not count toward Downtime calculations.

Scheduled Maintenance includes any maintenance on the Covered Service that is communicated to the Customer at least two (2) full business days in advance. Such maintenance may last up to eight (8) hours per calendar month and is typically performed during non-business hours in the United States.

Trainery will provide notice to the Customer, and the Customer acknowledges that Scheduled Maintenance may occur every Thursday from 10:00 PM to 11:00 PM (US EST) and Sunday from 10:00 PM to 12:00 AM (US EST).

Trainery will attempt to notify the Customer in advance of any “Unscheduled Maintenance.” However, the Customer acknowledges that such maintenance may occur without prior notice.

Unscheduled Maintenance will be counted as Downtime only if it meets the definition of Downtime under this SLA.

Trainery One SLA Exclusions.

The Trainery One SLA does not apply to any Downtime or other performance issues: (i) caused by a Force Majeure event or other factors outside of Trainery’s reasonable control;
(ii) resulting from any act or omission of Customer, including, but not limited to, Customer’s negligence, breach of the Agreement, or failure to use the Covered Service in compliance with the applicable documentation; o
(iii) that result from Customer’s equipment or any third-party equipment, or both (not within the primary control of Trainery Software).

Updates/Notice

The current version of this Service Level Agreement is available within the application.

Trainery may update this agreement from time to time at its discretion, with at least thirty (30) days’ advance notice to the Customer.

Notice may be provided to an administrator designated on the Customer’s account either:
(a) within the application after login, or
(b) via email to the registered administrator email address.