Home Legal – Service Level Agreement (“SLA”)

Service Level Agreement (“SLA”)

I. Service Level Guarantee
Dataminr will make the Services available 99% of the time on a monthly basis. Dataminr will calculate availability per calendar month as the total minutes in that calendar month minus the monthly Downtime (as defined below) divided by the total minutes in that calendar month.

Availability per calendar month =
(Total minutes in a month - Downtime)/(Total minutes in a month)

Subject to the exclusions listed below, should the Services fail to be available as set forth above during two (2) consecutive calendar months or three (3) times in any of six (6) consecutive calendar months, Customer may terminate the Agreement upon notice to Dataminr, in which case Dataminr will refund to the Customer, on a prorated basis, any prepaid Fees for the remainder of the Term. The remedies described in this paragraph shall be the sole remedies available to Customer for breach of this Service Level Guarantee.

Dataminr shall provide 24/7 support with a response time of one (1) hour for Downtime. All other support shall be provided on a 24/5 basis with a response time of two (2) to twenty-four (24) hours. Customers can reach the Dataminr technical support team by visiting www.dataminr.com/support or by emailing [email protected].

II. Service Level Definitions

Capitalized terms used herein shall have the meanings set forth in the Agreement unless otherwise defined herein.

Downtime: means those times where Dataminr has detected one or more Key Services are interrupted for greater than a consecutive five (5) minute period for the majority of Customer’s Authorized Users due to a failure on the part of Dataminr.

Key Services: means those primary features of the Service, the absence of which would significantly impair the system. Dataminr Key Services are listed below.

  • Alert Delivery: Authorized User is receiving Alerts via the web interface, email, or mobile push (as applicable), corresponding to such Authorized User criteria as defined in user settings;
  • User Login/Authentication: Authorized User is able to log in to the Services’ web interface and mobile applications.

Scheduled Maintenance: means maintenance for purposes of maintaining the integrity or operation of the Services, provided that (i) such maintenance shall not impact Key Services, and (ii) Customer shall be notified at least forty eight (48) hours in advance of such maintenance via in-app messaging or direct communication from Customer’s account manager. Scheduled maintenance is excluded from the definition of Downtime.

III. Exclusions

Dataminr shall have no obligation to support: (i) altered or damaged products or any portion of a product incorporated with or into other software; (ii) any product that is not the then-current release; (iii) product problems caused by Customer’s negligence, abuse, misapplication, use of products other than as specified in Dataminr’s documentation and the applicable Agreement, service order and/or statement of work by and between Dataminr and Customer, or other causes beyond the control of Dataminr; (iv) any interruptions of Service due to an external network, equipment, application or third party outside of Dataminr’s reasonable control; or (v) products installed on any hardware that are not supported by Dataminr.