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These Terms of Service along with the Subscription Order Form, any statement of work (each an “SOW”) and exhibits incorporated herein form this Solution Agreement (collectively, the “Agreement”), which is by and between Salsify, Inc. (“Salsify” and the Customer identified as “Customer” on the Subscription Order Form (“Customer”). The Agreement will govern the use and provision of any Salsify Solutions (as defined below). Terms not defined herein have the meaning given to them in the Subscription Order Form or SOW. Salsify provides the leading hosted product experience management platform that collaboratively integrates, manages, enhances, cleans, shares, publishes, evaluates and continually optimizes product content, digital assets, and related information across the supply chain (the “Salsify Platform”). Customer desires (i) a subscription to access and use the Salsify Solutions, including access to the functionality of the Salsify Platform, in accordance with the terms and conditions of this Agreement.
Access and Use. Subject to Customer’s compliance with the terms and conditions of this Agreement, Salsify hereby grants, and Customer hereby accepts, a non-exclusive, non-transferable (except to any of its Affiliates upon notice and subject to Section 10.2) and non-sublicensable right during the Subscription Term(s) to access and use the Salsify Solutions solely for Customer's own business purposes.
If expressly permitted in an Order Form, Customer may make the Salsify Solutions available to its Affiliates provided that Customer ensures that such Affiliate complies with this Agreement and Customer is liable for any breach of the terms and conditions of this Agreement by any of its Affiliates.
Salsify Service Level Policy
1. Service Availability
Salsify shall use commercially reasonable efforts to ensure that Salsify Platform is generally available 99.9% of the time in a calendar month during the Subscription Term.
General availability will be calculated per calendar month, as follows:
[((total - nonexcluded - excluded) / total - excluded) * 100] ≥ 99.9%
Salsify will make commercially reasonable efforts to not schedule planned downtime during the hours 3:00 am (Eastern) to 9:00 pm (Eastern), Monday through Friday. Additionally, Salsify will make commercially reasonable efforts to restrict scheduled maintenance to not more than two (2) events per month and not more than four (4) hours per event.
The measurement of Service Availability is the availability of the Salsify Platform at the hosting center’s Internet connection points. Customer may request a response time report not more than once per month via Salsify Support.
2. Service Response
Salsify’s Service Response commitment for interactive requests is: (i) 50th percentile response time under two (2) seconds and (ii) 90th percentile response time under five (5) seconds. Service Response is the processing time of the Salsify Platform to complete requests submitted from a web browser.
The time required to complete the request will be measured from the point in time when the request has been fully received by the Salsify Platform servers, until such time as the response begins to be returned for transmission to Customer. Customer may request a response time report not more than once per month via Salsify Support.
3. Service Credits
In the event that Salsify fails to maintain the above the stated Service Availability and Service Response levels in any given month (a “Service Level Failure”), Salsify's sole liability and Customer's sole and exclusive remedy will be for Salsify to provide Service Credits to Customer in accordance with the tables below. Customer must notify Salsify of such Service Level Failure within 10 days of the end of the month in question by emailing firstname.lastname@example.org. To be eligible for Service Credits, the email request must include: (i) the words "SLA Credit Request" in the subject line; and (ii) the dates and times of each interruption in service that Customer is claiming. The credits shall be calculated by dividing the fees for the Salsify Platform, as stated in the Order Form, by the number of months in the applicable subscription term and then applying the percentages below.
Service Availability Credits
Service Response Credits
Salsify Support Availability Policy
Severity Level Determination
Customer may report errors in or questions about the Salsify Platform (collectively “support issues”) via the Salsify online help site or via email to email@example.com.
When communicating support issues to Salsify, Customer shall reasonably self-diagnose each support issue and recommend, in good faith, to Salsify an appropriate Severity Level designation. Salsify shall validate Customer's Severity Level designation, or notify Customer of a proposed change in the Severity Level designation to a higher or lower level with justification for the proposal. In the event of a conflict regarding the appropriate Severity Level designation, each party shall promptly escalate such conflict to its management team for resolution through consultation between the parties’ management, during which time the parties shall continue to handle the support issue in accordance with the Salsify Severity Level designation. In the rare case a conflict requires a management discussion, both parties shall be available within one business hour of the escalation.
Support Issue Production Severity Levels
Salsify responds to support issues based on severity level (as defined below) during standard Salsify support hours. Standard Salsify support hours are from 8:30am to 5:30pm US Eastern Time on weekdays, excluding when these US holidays are observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Salsify Response Time is the period of standard Salsify support hours from the time a support issue is first communicated by Customer to Salsify until Salsify responds to Customer and/or escalation within Salsify, if appropriate.
Because of the widely varying nature of issues, it is not possible to provide specific resolution commitments.
Severity Level 1:
Severity Level 2:
Severity Level 3:
Non-system issues (Severity Level 4):