SLA

Support and Availability Policy

Last Updated July 25, 2023

This Support and Availability Policy (the “Policy”) sets forth the policies and procedures with respect to services (the “Service”) provided by Triple Whale Inc. (“Triple Whale”) to a customer (“Customer”) pursuant to the Website Terms of Service between Triple Whale and Customer (a “Customer Agreement”).

Summary

As further described below, Triple Whale will use commercially reasonable efforts to: (i) provide Customer with 99.0% availability to the Service (the “Service Availability”); and (ii) provide standard support to Customer.

Availability

If the Service becomes substantially unavailable to Customer due to defects with the Service, Triple Whale will respond to Customer (i) within eight (8) hours from Customer’s notification to Triple Whale of such unavailability, if during normal business hours (Monday-Friday, [9:00 - 5:00 Eastern Standard Time]), or (ii) within eight (8) hours of the start of the next business day, if outside of normal business hours. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime or performance issues resulting from third party connections, services or utilities or other reason beyond Triple Whale’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Triple Whale employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Triple Whale’s possession or reasonable control, and denial of service attacks). If the Service is unavailable to Customer due to defects with the Service beyond the Service Availability metric, then, as Customer’s sole and exclusive remedy (and Triple Whale’s sole liability), Triple Whale will provide Customer a credit for the subsequent Service billing cycle (a “Credit”). The Credit(s) will be calculated against, as applicable, (a) the monthly fees payable to Triple Whale pursuant to the Customer Agreement or (b) a pro-rated monthly amount based on the annual fees payable to Triple Whale pursuant to the Customer Agreement (i.e., total fees payable in the applicable year divided by 12) (in either case, the “Monthly Spend”) during the month in which the Credit accrued. The Credit amount will correspond to the Service Availability measurement from that month as follows:

Availability: 97.5%–98.9%, Credit: 5% of Monthly Spend

Availability: 95%–97.5%, Credit: 10% of Monthly Spend

Availability: <95%, Credit: 20% of Monthly Spend

In order to receive a Credit, Customer must notify Triple Whale support within seventy-two (72) hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. All credits provided hereunder are nonrefundable. If Customer elects not to renew the Customer Agreement, such that the Credit cannot be applied, Customer will have the option to receive up to one free month of Service as its sole remedy in lieu of such Credit.

Support

Triple Whale will provide support to customer for defects with the Service in accordance with the Service Plan selected by Customer. Any other support services are outside of the scope of this Policy and must be separately agreed in writing by Customer and Triple Whale. Customer may designate up to one (1) support contact (“Designated Support Contacts”), and all support requests must come through the Designated Support Contacts. Customer may update the Designated Support Contacts by providing notice to Triple Whale.

‍