Service Level Agreement

Effective: April 2, 2021

This Service Level Agreement applies to eduConverse customers with active enterprise level subscriptions to eduConverse’s Services (each, a “Client”).


For its Clients, eduConverse will provide the following service levels for the Services (excluding the Web Personalization feature) as set forth below.


1. Service Availability. eduConverse will use commercially reasonable efforts to make the Services available at least 99.5% of the time in a Reporting Period (“Service Availability Commitment”), excluding for Maintenance Time and Excluded Time.

(a) “Maintenance Time” means the time (in minutes) for (i) maintenance periods scheduled with advance notice to Client to perform system maintenance, backup, and system updates and upgrades for the Services and (ii) emergency unscheduled maintenance. Emergency maintenance will be undertaken when, in eduConverse’s sole reasonable discretion, it is deemed necessary to prevent prolonged loss of Service Availability, harm to eduConverse’s systems, or other material adverse consequences. eduConverse will endeavor to provide advance notice of such maintenance to Client when practicable, depending on the circumstances.


(b) “Excluded Time” means any time (in minutes) the Services are unavailable to Client due to: (i) any event or circumstance beyond the reasonable control of eduConverse, including natural catastrophes, governmental acts, war, terrorism, labor strikes or difficulties, interruptions or failure of the Internet, failures of third-party network connections, or service outages of third-party service providers; (ii) Client’s programming of or modifications to its APIs in a manner that affects its ability to interact or communicate with the Services; (iii) equipment, software, or other technology of Client or a third party that are not within the primary control of eduConverse; (iv) Client’s use or attempted use of the Services in a manner not approved or authorized by eduConverse, and/or (v) interruptions caused by the negligence, error, or omissions of Client.


(c) “Reporting Period” means a calendar month.


(d) “Unscheduled Downtime” means total time in minutes of any unavailability of the Services that occurs other than due to Maintenance Time or Excluded Time.


(e) “Services” has the meaning described in the Underlying Agreement.


(f) “Service Availability” will be calculated for each Reporting Period as follows, expressed as a percentage:

Service_Availability.png

(g) “Underlying Agreement” means the agreement between eduConverse and Client pursuant to which eduConverse provides the Services, which may be the eduConverse Terms of Service, available at https://www.educonverse.com/terms-of-service/, or the Master Services Agreement between eduConverse and Client, as applicable.

2. Professional Support. “Professional Support” for the Software is available by phone, chat or email from 8 AM – 5 PM (EST), Monday through Friday, excluding US national holidays. Web cases are available 24 hours a day, five days a week and is included.