1.1 This Support and Service Level Agreement (“SLA”) defines the support guarantees and related terms and conditions for EqualTo GmbH (“EqualTo”) Software-as-a-Serivce (“Software”) and related services.
1.2 This SLA is provided as a part of the EqualTo GmbH Terms of Service contract, hosted on https://www.equalto.com/tos. You must agree to our Terms of Service as a precondition for availing of the benefits of this SLA.
2.1 “EqualTo” means EqualTo GmbH, with address Urbanstr. 71 10967 Berlin, Germany.
2.2 “Software” means the employee incentivization Software-as-a-Service provided by EqualTo and available on https://app.equalto.com and a customer-specific subdomain of equalto.com, referred to henceforth as https://SUBDOMAIN.equalto.com. The Customer SUBDOMAIN is defined in the Order.
2.3 “ToS” means the Terms of Service document, hosted on https://www.equalto.com/tos.
2.5 “Services” means the Software and related services (including but not limited to: customer success, support, onboarding services).
2.6 “User” is an employee / contractor of Customer who has a user account on the Software.
2.10 “Customer” is the business customer who is using Software according to the ToS.
2.12 “Documentation” is the documentation hosted on https://support.equalto.com/hc/en-us which describes the behavior of the Software.
2.13 “EqualTo Support” is the EqualTo support team who may be contacted by the Customer at firstname.lastname@example.org.
2.13 “Order” is an order form contract signed between the Customer and EqualTo that references these ToS and describes the Services to be provided by EqualTo to the Customer. The Order must define the following: Subscription Tier, Customer SUBDOMAIN, Subscription Period. For Customers on an Enterprise Subscription Tier, the Order will additionally define: Minimum Processing Fee.
2.14 “Available” has different meanings depending on the Subscription Tier:
2.15 “Party” is either EqualTo or Customer, collectively “Parties”.
2.16 “Subscription” means the right to use the Services for a given duration of time, as outlined in an associated Order.
2.17 “Subscription Period” is specified in the Order, and defines the period that the Customer has a license to use the Services.
2.18 “Subscription Tier” is specified in the Order, it may be one of Free, Standard, Premium or Enterprise.
2.19 “Personnel” are the employees, freelancers and agents of a Party.
2.20 “Customer Data” is the data, materials, content, spreadsheets, software incentive plans or other information provided by Customer to EqualTo, whether by email, post, uploading into the Software or interaction with our Services or Personnel. Such Customer Data may be provided by Customer employees, contractors, or other individuals or companies operating on Customer’s behalf.
2.21 “Status Page” means the page, hosted on https://SUBDOMAIN.equalto-status.com, that provides the status of Software, including, but not limited to, Web Application Status and Public API Status. The Status Page also provides automated email notifications regarding downtime to users who opt-in on the Status Page.
2.22 “Office Hours” are defined as being within 9 am - 6 pm (9hr - 18hr) in the timezone of Berlin, Germany (CET/CEST) and on days that are not public holidays in Berlin, Germany.
2.23 “Remediation Response Time” means the number of hours to provide a suitable work-around / fix for an issue impacting Customer.
2.24 "Public API" is the API available on Software for direct use by Customer. It is distinct from the private API used by the Software web application, which does not support direct use by Customer.
2.25 "Minimum Processing Fee" is defined for Customers on the Enterprise Subscription Tier in the associated Order.
2.26 "Downtime Exception" is defined as the Software being unavailable due to one or more of the following reasons:
2.27 "Service Credit Percentage" is 5%, and is used to calculate credits in the case of Enterprise SLA Violations.
Note that this SLA may use the above terms in both singular and plural form where appropriate.
3.1 This section defines the support and service level guarantees for the following Subscription Tiers:
The "Enterprise" tier is covered in section 4.
3.2 Support requests must be emailed to email@example.com. EqualTo provides support guarantees as outlined in section 3.3. The support guarantees are expressed in terms of the minimum number of Office Hours for a response from the EqualTo support team. EqualTo provides different support guarantees depending on the Subscription Tier.
3.3 Guaranteed response time:
3.4 Availability Guarantees
3.4.1 EqualTo warrants that the Software will be Available as follows in each calendar month
This excludes downtime caused by a Downtime Exception.
3.5 If EqualTo breaches the SLA guarantees in section 3 for a Standard or Premium Customer, Customer must notify EqualTo via firstname.lastname@example.org within one (1) week of the breach. Presuming that EqualTo confirms three (3) such breaches in three consecutive months, Customer shall be entitled to terminate the relevant Order with thirty (30) days notice, without liability for any cancellation fees, penalties or other damages associated with termination. In such a case, EqualTo will refund to Customer any unearned, prepaid fees (if any), prorated from the effective date of such termination through to the end of any such prepaid period.
4.1 This section defines the support and service level guarantees for the following Subscription Tiers:
The "Free", "Standard" and "Premium" tiers are covered in section 3.
4.2 Support requests must be emailed to email@example.com. EqualTo provides support targets as outlined in section 4.7. The support targets are expressed in terms of the minimum Remediation Response Time.
4.3 Software Availability Guarantees / Status Page
The Status Page reports whether the Software is Available. Specifically, the following metrics are tracked on the Status Page:
If any one of these metrics are reported as "down", then the Software is not considered Available, unless this is during a Downtime Exception.
If the Software is less than 99% Available in a given calendar month, then an Enterprise SLA Violation is triggered.
4.4 Public API guaranteed response times
Read-only Public APIs provide a guaranteed response time of 500 ms to the 95th percentile in a given calendar month. The guaranteed response time does not apply in the following situations:
In the case that the Public APIs do not meet the guaranteed response time in a given month, this is considered an Enterprise SLA Violation - see section 4.5 for the consequences.
4.5 Enterprise SLA Violation
In the case of an Enterprise SLA Violation in a single calendar month, a service credit will be automatically provided to Customer. The service credit corresponds to a Service Credit Percentage of the Minimum Processing Fee for the given month.
For instance, if in March the Software achieved 98% (instead of the guaranteed 99%) Availability for a Customer with a 200k EUR annual Minimum Processing Fee, and a Service Credit Percentage of 5%, then Customer would automatically receive a service credit of (200k / 12 * 5%) = 833.34 EUR.
For the avoidance of doubt: if multiple separate incidents each trigger a separate Enterprise SLA Violation in a single month, it is treated as a single Enterprise SLA Violation in that same month.
4.7 Targets for Remediation Response time:
Note that a violation of the Remediation Response time target does not constitute a violation of the SLA. Instead, in the Enterprise Subscription Tier, Enterprise SLA Violations are determined by the Status Page.
5.1 EqualTo may update the software provided as part of the Services at any time. Customer agrees to the installation and deployment of all such updates, enhancements, upgrades that are generally provided by EqualTo to all Customers.
6.1 Customer agrees to only access Services using software explicitly approved by EqualTo for accessing Services, as specified in the Documentation. An example of approved software would be the most recent stable version of Google Chrome, or the EqualTo iOS / Android apps. For a full list of supported Clients, please review the Documentation.
7.1 Once per day, EqualTo creates a backup of all Customer Data. These backups are encrypted and stored offsite, as part of EqualTo’s disaster recovery measures. EqualTo periodically deletes backups older than 30 days. The Services do not include the archiving of Customer Data in accordance with any statutory retention periods, e.g. under any commercial and tax law/s.
8.1 The point of interconnection (handover) for the internet-connected Services shall be the router’s gateway to the internet of the hosting providers of such Services. The Customer must take care of their own connection to the internet, the provision or maintenance of the network connection to the hosting provider and the procurement and provision of components for accessing the internet at Customer’s end. That is not part of the Services.