Last Updated: April 27, 2021
The following terms and conditions in this Service Level Addendum (“SLA”) detail the provision of Support Services provided by Nami ML Inc., a Delaware corporation (“Nami”) to Customer under the agreement executed between Nami and Customer for Nami’s provision of the Services (the “Agreement”).
This Addendum does not apply to any alpha, beta, or pre-release features or development test bed environments. Capitalized terms used herein, but not defined, shall have the meanings set forth in the Agreement.
Nami may modify this SLA at any time in its sole discretion, by posting a revised version at https://www.namiml.com/legal/sla or its successor location. Notwithstanding the foregoing, Nami agrees that there will be no material diminishment in the benefits provided to Customer under the SLA during Customer’s License Term (as set forth in Customer’s Order Form).
Subject to Customer’s payment of the applicable fees and Customer’s compliance with the Agreement, Nami will provide the following Support Services with respect to the Services.
1. Support Commitment
"Incident" means an unexpected failure or degradation in the quality of operation of the Services which is reported to Nami by Customer.
“Business Hours” means Nami’s standard hours of operation which are Monday through Friday from 8AM to 5PM US Mountain timezone, excluding standard US federal holidays.
"Excluded Services" means (i) support for any issues resulting from or relating to Customer Application, lack of compliance with Application Standards, third party code or services, or any code or service other than that provided to Customer by Nami; (ii) any services which Customer is responsible for providing pursuant to Section 1.2; and (iii) Enhancement Requests (as defined below).
“Enhancement Request” means a recommendation for future product enhancement or modification to add official support and documentation for an unsupported or undocumented feature, or features that do not exist in the Services.
“Priority 1” ("P1") – A P1 is a catastrophic Incident with the Services that severely impacts the production version of Customer Application including causing the Customer Application operated using the Services to cease from operating, or because of which the Customer Application operated using the Services is completely down or not functioning, or that results in a loss of production data and no work around exists. P1 Incidents must be reported via Nami’s issue ticketing system. Nami will use continuous efforts, with appropriate escalation to senior management, to provide a resolution for a P1 Incident as soon as is commercially reasonable.
“Priority 2” ("P2") – A P2 is a major Incident within the Services where the Customer Application is functioning but in a reduced capacity, or the Incident is causing significant impact to portions of the Customer's business operations and productivity. Nami will work during its Business Hours to provide a resolution for a P2 Incident as soon as is commercially reasonable.
“Priority 3” ("P3") – A P3 is a medium-to-low impact Incident that affects certain partial and/or non-critical functions of a Customer Application operated using the Services, or that impairs some operations but allows Customer's operations to continue to function. Incidents for which there is limited or no loss or functionality or impact to Customer's operation qualify as P3. Nami will use reasonable efforts during its Business Hours to resolve.
“Priority 4” ("P4") – A P4 is a general usage question or issue that may be minor or cosmetic in nature or documentation related and may include issues Nami deems to be Enhancement Requests, but which do not cause the Services to cease to function without interruption. Nami will use efforts during its Business Hours, to provide a reasonable resolution or work-around for any P4 Incident. Nami will take Enhancement Requests into consideration in the product management process, but has no obligation to deliver enhancements based on any Enhancement Request.
1.2. Customer Obligations.
Customer will be responsible for implementation of Services including the set up and configuration of the Services, as well as the adoption of all Nami SDK updates, as provided by Nami. Customer shall provide commercially-reasonable cooperation and full information to Nami with respect to the furnishing of Support Services. Customer shall designate one or more contacts that are authorized to engage Support Services personnel.
All Incidents need to be submitted by Customer through Nami issue ticketing system. Upon receipt of a properly submitted Incident, Support Services shall be prioritized in accordance with the Priority levels set forth in section 1.3.
1.3. Nami Obligations.
Nami will use commercially-reasonable efforts to provide an initial response to Incidents as set forth below to the extent such Incidents are not the result of Excluded Services, all as reasonably determined by Nami. The Service Level provided by Nami to Customer is determined by the Service Orders.
1.4. Nami Support.
In addition, Nami will provide the following to support Customer’s use of Services:
- 1.4.1 Named Nami points of contact for support issues at Enterprise Service Level or above
- 1.4.2 A shared Slack channel for real-time communications between Nami and Customer at Enterprise Service Level or above
- 1.4.3 Email, Slack, Zoom-based assistance to troubleshoot, diagnose and fix errors at Enterprise Service Level or above
- 1.4.4. Chat and ticket-based assistance to troubleshoot, diagnose and fix errors
- 1.4.5 System for issue tracking, escalation of problems for priority attention
- 1.4.6 Access to Documentation on Nami SDKs, APIs, and other aspects of Services
1.5. Support Limitations.
Support Services do not include:
- 1.5.1 Assistance in the development or debugging of Customer's Application and systems, including the operating system or developer tools.
- 1.5.2 Assistance related to third-party technologies or services such as analytics, data, or marketing platforms, or services provided transaction platforms such as Apple and Google.
2. Services Availability Commitment
Unless otherwise provided for in the Agreement, Nami agrees to provide the Services per the Minimum Uptime Percentage commitment as follows.
"Operational" means the availability of Nami Control Center and/or Nami APIs.
"Downtime” means a period of time when the Services are not Operational.
"Implementation Team" means Customer’s designated internal staff that is responsible for the technical management of Customer’s use of the Services.
"Service Credits" means credits available to Customer if the Minimum Uptime Percentage is not met for any given calendar month, if Customer, within thirty (30) days after the end of a such calendar month, applies to Nami for such credit. After Nami receives such a request and confirms that the Minimum Uptime Percentage has not been met, Nami will provide Customer with a credit towards the Customer’s fees during the next applicable accounting period, in accordance with Customer’s payment schedule, and calculated as follows: for each percentage or fraction of a percentage of Downtime per calendar month, Customer will be entitled to a credit for the corresponding percentage or fraction of a percentage of the applicable fees paid by Customer that are attributable to that month up to a maximum of twenty-five percent (25%) of the portion of the fees attributable to a calendar month. In no event shall Customer setoff any Service Credits against the amounts that it owes Nami.
“Minimum Uptime Percentage” means that the Services are Operational during 99.9% of any given calendar month. For clarity, the calculation of the Minimum Uptime Percentage shall not include Downtime attributable to (i) failure to deploy the Services according to the Documentation; (ii) planned downtime or maintenance; (iii) outages or failure of other components not within Nami’s control; (iv) factors outside the reasonable control of Nami including but not limited to force majeure, general internet outages, or problems beyond the Services provided by Nami; (vi) problems resulting from either Customer’s or Customer’s Implementation Team actions or inactions, including without limitation problems resulting from Customer Application, third party code or services, or any issues caused by or arising from mis-configuration of the Services (vii) issues that impact elements of the Services outside of Customer’s Application available to Users on Stores.
2.1. Nami Commitment.
In the event the Services do not meet the Minimum Uptime Percentage as set forth above, Customer is eligible to receive the Service Credits. Customer may view the status of the Services at provided status portal, and as may be updated by Nami from time to time. SECTION 2 SHALL BE NAMI’S SOLE AND EXCLUSIVE OBLIGATION FOR ANY MINIMUM UPTIME PERCENTAGE DEFICIENCIES OF ANY KIND AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.
Nami will provide Support Services to Customer during the Subscription Term identified in the Service Order and shall be governed by this Service Level Addendum. Customer acknowledges and agrees that Nami shall have the right to terminate the provision of Support Services upon nonpayment of any Fees due to Nami.