MessageBird Service Level Agreement

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.