This Service Level Agreement applies to you if you signed up for MessageBird’s Services (including, if applicable, through any of its Affiliates) on or after 28 February, 2022. If you signed up for MessageBird's Services (including, if applicable, through any of its Affiliates) before 28 February, 2022, archived Service Level Agreements are available here.
MessageBird Service Level Agreement
This Service Level Agreement (“SLA”) governs your use of SLA Eligible Services (as defined in the table below). Capitalized terms used in this SLA but not defined below are defined in the Agreement. Unless otherwise agreed in an Order Form, no service level agreement applies to Services that are not qualified as an SLA Eligible Service in this SLA. We reserve the right to change the terms of this SLA in accordance with the Agreement.
Uptime. Unless otherwise agreed in the Order Form, we will use commercially reasonable efforts to make each SLA Eligible Service you purchase available with an Uptime Percentage of at least the Uptime Percentage Threshold for the applicable SLA Eligible Service listed in the table below.
SLA ELIGIBLE SERVICE
UPTIME PERCENTAGE
UPTIME PERCENTAGE THRESHOLD
Platform Services:
MessageBird API REST
MessageBird API Voice
MessageBird Dashboard
MessageBird Mail to SMS Service
MessageBird SMPP Platform (Short Message Peer-to-Peer)
Uptime Percentage for each individual Platform Service is calculated by us by subtracting from 100% the percentage of continuous five (5) minute periods during a given calendar month in which the applicable Platform Service was Unavailable excluding any Uptime Exclusions.
Monthly 99.95%
Email Services:
SparkPost Premier
SparkPost Premium
SparkPost Premium Startup
Uptime Percentage for the Email Service is calculated by us by subtracting from 100% the percentage of seconds during a given calendar month in which the Email Service was Unavailable excluding any Uptime Exclusions.
Monthly 99.99%
Push Notification API Services:
Pusher Beams
(applicable to custom plans and customers on standard plans who purchased higher levels of service, in each case as specified in the applicable Order Form)
Uptime Percentage is the percentage of time during which the API is responsive to requests on an annual basis which will be calculated by us by subtracting from 100% the percentage of five (5) minute periods of Unavailability during an annual term excluding any Uptime Exclusions.
Annually 99.95%
Push Notification API Services:
Pusher Channels
(applicable to custom plans and customers on standard plans who purchased higher levels of service, in each case as specified in the applicable Order Form)
Uptime Percentage is the percentage of time during which the API is responsive to requests on an annual basis which will be calculated by us by subtracting from 100% the percentage of five (5) minute periods of Unavailability during an annual term excluding any Uptime Exclusions.
Annually 99.95%
Video Services:
Data API
Instance
Keeper API
Uptime Percentage for each Video Service is calculated by us by the following formula:
Uptime Percentage %= (time available - Unavailability) / time available x 100%
Monthly 99.9%
Telserv Services:
DIDs (Inbound Voice)
Two Way Voice (Unified Commercials)
Mobile Numbers
Toll-Free Numbers
Universal International Toll-Free Numbers (UIFN)
SIP Trunking
Number Management Portal
Global Voice Network
Porting Services
Regulations Desk
The Uptime Percentage is the time in which the Telserv Service was available during the measurement period excluding any Uptime Exclusions. The measurement period is one (1) year from the date of activation and every following year on the same date.
We will use reasonable commercial endeavors to solve any case of Unavailability within four (4) hours of notification (“Time to Repair” also known as “TTR”). TTR only applies in cases where the Telserv Service is Unavailable. It does not apply to faults relating to reduced provision of Telserv Services or the quality of Telserv Services.
In the event of an Off-net issue, the four (4) hours commitment does not apply. “Off-net issues” means any issue or problem that requires action in systems or networks operated or owned by third parties. In these cases, we will use reasonable commercial endeavors to seek to achieve a TTR of eight (8) hours but no Service Credit applies in that respect.
Annually 99.90%
TTR 4 hours
“Unavailable” or “Unavailability” means the following based on the specific SLA Eligible Service:
SLA ELIGIBLE SERVICE
DEFINITION OF UNAVAILABLE OR UNAVAILABILITY
Platform Services:
MessageBird API
REST MessageBird API
Voice MessageBird
Dashboard MessageBird Mail to SMS Service
MessageBird SMPP Platform (Short Message Peer-to-Peer)
Unavailable is when one (1) or more of the Platform Services are not available for use.
Unavailability is determined according to third party performance and monitoring services contracted by us at our sole discretion (the “Monitoring Service”). The Monitoring Service will be the sole determinator of unavailability. The Monitoring Service reports of availability are currently available at status.messagebird.com; provided that service issues or outages relating to any Uptime Exclusions shall not be deemed as unavailability. Unavailability is calculated per each individual Platform Service, not combined as a total, averaged, or aggregated across Platform Services.
Email Services:
SparkPost Premier
SparkPost Premium
SparkPost Premium Startup
When, in a given second, you attempt to make: (a) API calls to the Email Service and all such API calls fail due to either a Email Service server-side timeout or internal service error; and/or (b) SMTP injections into the Email Service and all such SMTP injections fail due to either a Email Service server-side timeout or internal service error.
Push Notification API Services:
Pusher Beams
(applicable to custom plans and customers on standard plans who purchased higher levels of service, in each case as specified in the applicable Order Form)
Unavailable is any period of time during which the API is non-responsive to requests, or the notification publishing throughput goes below one hundred thousand (100,000) notifications per minute. “API” means the Pusher REST API through which the services are delivered.
Push Notification API Services:
Pusher Channels
(applicable to custom plans and customers on standard plans who purchased higher levels of service, in each case as specified in the applicable Order Form)
Unavailable means any period of time during which the API is non-responsive to requests, or the internal message routing latency is above 900ms. "API" means the Pusher REST API and WebSocket Client API through which the services are delivered.
Video Services:
Data API
Instance
Keeper API
Unavailability is the time the Video Service is not fully operational available for use by you and your users in accordance with the Agreement. The availability statistics for Video Services can be found at https://www.24sessions.com/status-page. This status page will be the sole determinator of unavailability.
Telserv Services:
DIDs (Inbound Voice)
Two Way Voice (Unified Commercials)
Mobile Numbers
Toll-Free Numbers
Universal International Toll-Free Numbers (UIFN)
SIP Trunking
Number Management Portal
Global Voice Network
Porting Services
Regulations Desk
Services are considered to be unavailable in the event of the loss of signal in one (1) or both transmission directions for Telserv Services. In all other cases, the Telserv Service is considered to be available. Unavailability for each Telserv Service is measured per number, not combined as a total, averaged, or aggregated across Telserv Services.
For purposes of calculating whether we have met the applicable Uptime Percentage Threshold and notwithstanding anything to the contrary, a SLA Eligible Service will not be considered to be Unavailable if such Unavailability is caused by or arises out of one of the following (“Uptime Exclusions”):
Factors outside of our reasonable control, including, without limitation, any force majeure event, weather event, influences of buildings and structures (where applicable to the relevant SLA Eligible Services), telecommunications provider-related problems or issues, internet access or related problems occurring beyond the demarcation point of our service (or of our direct hosting subcontractors (i.e beyond the point in the network where we maintain access and control over the relevant Services), compliance with a regulatory requirement, direction or like obligation under or pursuant to applicable law;
Any action or inaction by you, your users, or any third party (other than our agents and subcontractors) including, where applicable to the SLA Eligible Services, your failure to comply with our instructions and your failure to provide reasonable access to relevant equipment;
Issues resulting from or arising out of your applications (including Customer Applications), equipment, software or other technology and/or third party equipment, software or other technology not provided by MessageBird under the Order Form;
Our ability to suspend or terminate your access to the applicable Service in accordance with the Agreement;
Non-production use of the Email Service;
Any scheduled maintenance;
Maintenance on the Video Service including scheduled maintenance, disaster recovery testing, or to optimize or repair the Video Services that may impact the availability of the Video Services, provided we notify you seven (7) working days in advance of such maintenance. Any scheduled maintenance of the Video Services will not be performed between 08:00 - 20:00 CET.
Unscheduled maintenance on the Push Notification API Service that is performed outside of normal business hours of 09:00 to 17:00 UTC UTC, provided that we have used reasonable endeavors to give you at least four (4) hours’ advanced notice;
Emergency maintenance on the Services, including maintenance on critical system changes that cannot wait for scheduled maintenance; and
Use of the applicable SLA Eligible Service in breach of the Agreement;
Beta Products;
Updates or modifications to Telserv Services, provided that Telserv Service notified you of possible updates or modifications;
In the event we do not meet the applicable Uptime Percentage Threshold for the SLA Eligible Service you purchased, you will be entitled to request the applicable Service Credit listed in the table below. In each case you believe you are entitled to a Service Credit, you must notify us of such entitlement based on the applicable Credit Request Procedure below.
Who cannot claim. You will not be eligible for any Service Credits if (i) you breached the Agreement, or (ii) your claim relates to an aspect of our Services for which Service Credits do not apply (including where Service Credits are not specified as applicable in any Order Form, the Agreement, the Product Specific Terms or otherwise), or (iii) your use of a SLA Eligible Service is from an account created through an online self service portal.