Match Vertical Partners, LLC
Service: Vitality Index
Contact: contact@matchverticals.com
1. Overview
This SLA describes service levels for the Vitality Index Service. The SLA is incorporated by reference into the parties' agreement. For Enterprise Customers, the Order Form may specify modified service levels; the Order Form controls.
2. Applicability
The Availability Target and remedies in this SLA apply only to Company's production environment that is used to deliver the live Service to paying Customers. This SLA does not apply to staging, testing, sandbox or other non-production environments, or to trial and Beta Services except as specifically set out in an Order Form.
3. Service Availability
3.1 Availability Target
Subject to exclusions below, Company will use commercially reasonable efforts to make the Service available 99.9% of the time in any calendar month ("Availability Target").
3.2 Measurement Definitions
Service Availability = ((Total Scheduled Minutes − Downtime Minutes) / Total Scheduled Minutes) × 100.
Total Scheduled Minutes excludes Scheduled Maintenance.
Downtime Minutes means minutes during which the production Service is unavailable for use due to Company-caused outages, measured from Company's confirmation of the outage to restoration.
Scheduled Maintenance means planned maintenance windows notified in advance under Section 7.
4. Support and Incident Response
4.1 Severity Levels
- Severity 1 (Critical): Production Service unavailable or critical functionality down.
- Severity 2 (High): Major functionality impaired and workaround not available.
- Severity 3 (Medium): Partial degradation, workaround available.
- Severity 4 (Low): Non-critical issues and general inquiries.
4.2 Response and Update Targets
Company will acknowledge and begin work on incidents in accordance with these targets after Customer submits a support ticket to the support channel in the Order Form or contact@matchverticals.com:
- Severity 1 (Critical): Initial Response 30 minutes; status updates every 1 hour until containment.
- Severity 2 (High): Initial Response 2 hours; status updates every 4 hours until containment.
- Severity 3 (Medium): Initial Response 1 business day; status updates daily until resolved.
- Severity 4 (Low): Initial Response 2 business days; status updates as needed.
Company will provide continuous updates for Severity 1 and 2 incidents until resolved.
4.3 Security Incidents and DPA
Confirmed security incidents affecting Customer Data will be handled in accordance with the DPA. Company will provide an initial notification to affected Customers within 72 hours of confirming a security incident when feasible.
5. Service Credits
5.1 Eligibility and Credit Schedule
If Service Availability for a calendar month falls below the Availability Target and Customer submits a valid SLA Credit Request within 30 days of the month's end, Customer may receive a Service Credit as follows:
- (a) Service Availability at or above 99.9%: 0%
- (b) Service Availability below 99.9% but at or above 99.0%: 10%
- (c) Service Availability below 99.0%: 25%
Service Credits are capped at 25% of the monthly subscription fees and are Customer's sole and exclusive financial remedy for failure to meet the Availability Target.
5.2 Request Procedure
To request a Service Credit, Customer must open a support ticket marked "SLA Credit Request," provide Account ID and incident details, and submit within 30 days after the month. Company will investigate and respond within 30 days.
6. Exceptions and Exclusions
Availability measurements and Service Credits exclude Downtime caused by:
- Planned Maintenance notified at least 48 hours in advance when feasible. Emergency maintenance may occur with shorter notice.
- Customer misuse, misconfiguration, or Customer-controlled integrations.
- Third-party outages for systems outside Company's control, unless Company expressly agreed to assume responsibility in the Order Form.
- Force majeure events beyond Company's reasonable control.
- Trial, Beta, sandbox or non-production environments.
7. Maintenance
Company will schedule maintenance and notify Customers at least 48 hours in advance when feasible. Company will use reasonable efforts to schedule maintenance during off-peak hours.
8. Data Protection and Backups
Company will retain backups and provide recovery per the DPA's retention schedule. Company does not guarantee recovery of data lost due to Customer actions beyond Company's backup obligations.
9. Enterprise SLA Uplifts
Enterprise Customers may negotiate higher Availability Targets, shorter response times, different remedies, or on-site support. Any such changes must be set out in the Order Form and signed by the parties. Absent an Order Form, the terms of this SLA apply.
10. Remedies and Termination
Service Credits are Customer's sole and exclusive financial remedy for failure to meet the Availability Target, subject to the liability cap and carve-outs in the Terms. If Company fails to meet the Availability Target for three (3) consecutive months, Customer may provide written notice and, if Company does not remedy availability within 30 days, Customer may terminate the affected Service for convenience and receive a prorated refund of prepaid fees for the terminated portion of the term.
11. Changes to the SLA
Company may update this SLA; material reductions in remedies or Availability Target will be preceded by at least 30 days' notice. The version posted at /legal/sla controls.
12. Miscellaneous
This SLA is governed by the governing law in the Terms. In the event of conflict, the Order Form controls, then the DPA for data processing matters, then the SLA for service levels, then the Terms.