Applicable to Enterprise subscriptions only
Introduction
This Service Level Addendum (the “Addendum”) is an addendum to and is hereby incorporated into the Lumiform General Terms and Conditions between Lumiform and Customer (collectively, the “Agreement”).
General definitions
Certain capitalized terms not otherwise defined in this Service Level Addendum will have the meanings outlined in the Agreement. The following terms will be below:
- “System Uptime” will mean the total amount of time during any calendar month, measured in minutes, during which Customer can access the features and functions of the Software Service according to the Access Protocols and the terms of the Agreement.
- “Scheduled Downtime” will mean the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access the Software Service or to deliver Customer Content, according to the Access Protocols and the terms of the Agreement, due to planned system maintenance performed by Lumiform. Lumiform will provide reasonable prior notice to conduct system maintenance.
- “Unscheduled Downtime” will mean the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access the features and functions of the Software Service according to the Access Protocols and the terms of this Agreement, other than Scheduled Downtime, as defined above.
- “System Availability” will mean, with respect to any particular calendar month, the ratio obtained by subtracting Unscheduled Downtime during such month from the total time during such month and then dividing the difference obtained by the total time during such month. Represented algebraically, System Availability for any particular calendar month is determined as follows:
System Availability = (Total Monthly Time – Unschedule Downtime) / Total Monthly Time
Note: “Total Monthly Time” is deemed to include all minutes in the relevant calendar month, to the extent such minutes are included within the Term of this Agreement.
System performance
System availability
Lumiform will undertake commercially reasonable measures to ensure that System Availability equals or exceeds 99.9% during each calendar month (the “Service Standard”), provided that any Unscheduled Downtime occurs as a result of circumstances beyond Lumiform’s reasonable control, including without limitation:
- Customer’s breach of any provision of this Agreement;
- Non-compliance by Customer with any provision of this addendum;
- Incompatibility of Customer’s equipment or software with the Software Service;
- Poor or inadequate performance of Customer’s systems; or
- Force majeure (as contemplated in the Agreement) shall not be considered for any reduction in System Availability measurements.
Normal working hours
The indicative standard working time of Lumiform is Monday to Friday from 9:00 a.m. to 6.00 p.m. local time in Berlin, Germany (except public and specific Lumiform holidays).
Access to support and response time
Customers may report any Unscheduled Downtime by email at support@lumiformapp.com 24 hours a day, 7 days a week. In addition, the Agreement can chat with Lumiform via the app or the web during working hours.
Lumiform classifies problems with the service depending on the following:
| Level | Criticalness | Definition |
| 1 | Critical | The Software is not available |
| 2 | Medium | The Software is available, but its use is limited |
| 3 | Low | The Software is available, but its use is slightly limited |
Upon discovery of a problem, both Parties shall promptly inform each other of the discovery of the issue according to the classifications above. The following table specifies the reaction steps that must be performed by Lumiform and the Customer by which Lumiform deals with the specific problem reports:
Step 1—Identification: Lumiform confirms that the problem exists, starts collecting information, and performs an analysis.
Step 2—Temporary solution: Lumiform processes the problem and provides a temporary workaround as soon as possible to make the Software Service at least partially available.
Step 3—Problem resolution: Lumiform provides a final solution so that the Software Service is fully available again.
Estimated response time | Step 1—Identification | Step 2—Temporary solution | Step 3—Problem resolution |
| Level 1: Critical | 2 hours | 4 hours | 1 working day |
| Level 2: Medium | 4 hours | 1 working day | Within 5 working days |
| Level 3: Low | Within 2 working days | Within 5 working days | Processing as resources allow |
Both parties shall inform each other regularly of the status of the error.
Measurement and reports
System monitoring and measurement
Lumiform will monitor System Availability on an ongoing basis. During the term, all measurements of System Availability will be calculated every calendar month.
System performance reports
Upon the Customer’s request, Lumiform will provide reports to the Customer quarterly, setting forth measurements of Unscheduled Downtime and calculating System Availability for the relevant preceding quarter. If Customer disagrees with any measurement or other information outlined in any such report, it must inform Lumiform in writing within five (5) calendar days after receipt, provided that the accuracy of any such report shall be deemed conclusive unless Customer provides such notice.
Any such notice must indicate specific measurements in dispute and include a detailed description of the dispute’s nature. Lumiform and Customer agree to attempt to settle any such disputes regarding System Availability and/or related measurements in a timely manner through mutual good-faith discussions.
Customer requirements
Minimum system requirement
The service standards outlined in this Addendum assume that Customer, as applicable, meets the minimum system standards established by Lumiform.
Additional customer obligations
Except as otherwise agreed between the Parties in a separate written agreement, Customer is responsible for:
- Maintenance and management of its computer network(s), servers, software, and any equipment or services related to maintenance and management of the preceding.
- Correctly configure customer systems following the access protocols.
Reporting of unscheduled downtime
Customers must promptly notify Lumiform in the event of Unscheduled Downtime. Unscheduled Downtime will begin when Lumiform receives accurate notification from the Customer or when Lumiform first becomes aware of such Downtime, whichever first occurs.
Non-performance by customer
Lumiform’s obligations outlined in this Addendum will be excused to the extent that any failures to meet such commitments result in whole or in part from Customer’s failure(s) to meet the preceding requirements.
Suspension
Suppose the Customer endangers the security, integrity, or availability of networks, Lumiform’s servers, or the Software Services, or if Lumiform has an objective reason to suspect so. In that case, Lumiform may temporarily suspend the Customer’s access to the Software Services. In case of deliberate actions by the Customer, Lumiform may terminate the contract with immediate effect:
- If the Customer’s system or Software Services becomes an object of Denial of Service attacks by the Customer.
- If the Customer is responsible for sending spam emails or text/multimedia messages (SMS/MMS) via the Software Services.
- If the Customer saves content on the Lumiform servers which violates any laws or infringes on the rights of third parties.
Remedies
If Unscheduled Downtime occurs, Lumiform will undertake commercially reasonable efforts to remedy such Unscheduled Downtime within a commercially reasonable timeframe. Subject to your compliance with the terms of this agreement, you may be entitled to the following remedies for a breach of the System Availability standards outlined in Section 3.1:
- An extension to your Subscription Term applicable to the Core Services; or
- Service credits of an equivalent pro-rated value to the extension of the Subscription Term in the form of a credit to your account.
Service credits may not be exchanged for or converted to monetary amounts and are capped at ten days of Core Services in any calendar month.
| System availability | Service credits (days of extension to the subscription term / pro-rated credit equivalent) |
| < 99,9 % | 3 |
| < 98.0% | 5 |
| < 95.0 % | 10 |