TagoIO Middleware SLA

TagoIO Middleware Service Level Agreement

This TagoIO Service Level Agreement (“SLA”) between Tago, LLC (“TagoIO”“us” or “we”) and users of the TagoIO Services (“you”) governs the use of the TagoIO Core Services under the provisions of the TagoIO Terms of Support (the “Terms”).

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.

This SLA applies to the follow services:

•    TagoIO Middleware request calls

Also, this SLA applies only to the TagoIO accounts that include SLA guaranteed in their package.  For example, this SLA does not apply to Free, Starter or Scale accounts. Contact us if you have questions about what is included in your account.

1. TagoIO Commitment: 99.8% Uptime

TagoIO will use commercially reasonable efforts to make your TagoIO Services running with a Monthly Uptime Percentage of at least 99.8% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

A Monthly Uptime Percentage of 99.8% means that we guarantee you will experience no more than 86 min/month of Unavailability.

2. Definitions

“Maintenance” means scheduled Unavailability of the TagoIO Services, as announced by us prior to the TagoIO Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the TagoIO Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” mean when your application is not running or not reachable due to TagoIO’s fault. This excludes applications, or part of the applications, that are unreachable or not running because the provisioned limit of the services in the account (data input, data output, data storage, SMS, email, analysis, as applicable) are insufficient.

3. Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges due on your TagoIO invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:

•    For Monthly Uptime Percentage less than 99.8% but equal to or greater than 99.0%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources

•    For Monthly Uptime Percentage less than 99.0%, you will be eligible for a Service Credit of 25% of the charges attributable to the affected resources

For example, if you have an account that is Unavailable for 90 minutes, you would be eligible for a Service Credit for 10% of that account service bill for the month (support plans and non-recurring engineering bills are excluded).

We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from TagoIO. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

4. Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

5. Credit Request and Payment Procedures

To receive a Service Credit, you must open a support ticket documenting the event within 24 hours of the service interruption, and submit a claim within seven (7) days by emailing customercare@tago.io. To be eligible, the email must include:

•    the words “SLA Credit Request” in the subject line;

•    the dates and times of each Unavailability incident that you are claiming;

•    the account email;

•    the ticket number for the documented event; and

•    logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Please note that the Service Credits can only be applied to accounts that are in good standing with all invoices paid and up to date. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

6. SLA Exclusions

The Service Commitment does not apply to any Unavailability:

1.    That results from a suspension or Remedial Action, as described in the Terms;

2.    Caused by factors outside of our reasonable control;

3.    That results from any actions or inactions of you or any third party;

4.    That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);

5.    That results from failures of TagoIO Services not attributable to Unavailability; or

6.    That results from any Maintenance.

7. Measurement

TagoIO uses an independent service to measure whether the Services are Available by sending API calls to our servers at regular intervals and by monitoring the running services on the system. You agree that this system will be the sole basis for resolution of any dispute that may arise between you and TagoIO regarding this Service Level Agreement.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.