Service Level Agreement

1. Support Levels

  • Standard Support. Email and knowledge base support with an eight (8) business hour response time for email inquiries through Kevel’s support email([email protected]).

  • Premium Support. Shared Slack Channel, Account management, email, knowledge base, and scheduled phone with periodic check-in call for the account's lifetime. Initial response times for email inquiries will be four (4) business hours or less. For an incident in which the Service is down for all users (a “Critical Incident”), the Customer should promptly send a report to [email protected], and Kevel shall provide an initial response within two (2) business hours.

2. Service Commitment

  • Kevel will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage of at least 99.99% for Decision API and at least 99.9% for Management API. In the event Kevel does not meet the Monthly Uptime Percentage commitment, the Customer will be eligible as its sole remedy for such failure to receive a Service Credit as described below.

  • Kevel will use commercially reasonable efforts to ensure that Customer Data stored with the Service is safe, secure, and backed up at all times. In the event of a failure, Kevel will have data restored and available within 12 hours. If this does not happen or there is data loss, the Customer will be eligible as its sole remedy to receive a Service Credit as described below.

  • Kevel will use commercially reasonable efforts to minimize the amount of scheduled maintenance downtime, each Service Month, Kevel will be allowed a maximum of 2 hours of scheduled maintenance per service, to be conducted during off-peak hours whenever feasible. If the Service is down more than a maximum of 2 hours in a given Service Month for maintenance, Customer will be eligible as its sole remedy to receive a Service Credit as described below. To be considered scheduled maintenance, at least 48 hours' notice must be given to the Customer (or the Customer must approve emergency maintenance if less than 48 hours notice). Kevel will make commercially reasonable efforts to minimize the amount of scheduled maintenance and will make a good faith effort to perform such maintenance during a time window that has the least impact on its collective customer base. The customer agrees that, from time to time, the Service (other than with respect to the Service’s ad serving functionality, which shall not be subject to any downtime in connection with scheduled maintenance) may be inaccessible due to periodically scheduled maintenance procedures or repairs that Kevel may undertake.

3. API SLA

  • Kevel will use commercially reasonable efforts to ensure a Decision API response time of under 175 milliseconds for a minimum of 95% of requests in a given calendar month, provided the request is for a single decision and there are no more than 1,000 candidates considered. For the purposes of this section, latency shall be measured from the moment Kevel receives the request to the moment Kevel sends a response.

  • Kevel will use commercially reasonable efforts to ensure a Management API response time of under 500 milliseconds for a minimum of 95% of requests in a given calendar month.

  • Should the Customer use the Service in a way that requires performance to exceed the limits in sections 4(d) and 4(e) below, Kevel agrees to make a good faith effort to work with the Customer in a reasonable attempt to bring response times into compliance with this section. Kevel further agrees to make reasonable efforts to negotiate improved guaranteed API response times in the event Customer submits a reasonable request for such improvement for a specific internal business purpose. Kevel shall have sole discretion in determining whether such request is reasonable and/or feasible.

4. Escalation Procedures

Kevel shall deal with problems which are reported to it by the Customer in accordance with this SLA in accordance with the following response and resolution times (as determined by the severity of the problem).

Severity

Description

Initial Response

Ideal Resolution Time

Critical (P1)

Emergency: the Service is completely inoperative, or repeatedly fails or crashes catastrophically, with no existing workaround, or there is a significant reduction/degradation in service affecting all or multiple users across locations.

Critical Problems include: Management APIs are not available (whether completely down or intermittently unavailable), and any Problem which adversely impacts revenue generation for you or your Affiliated Entities; (1) Customer Data is lost or corrupted, (2) a critical function is completely inoperative, or (3) the System hangs indefinitely, causing unacceptable or indefinite delays for resources or System response.

2 Hours

1 Day

High (P2)

Affects the operation of the Service and severely degrades Customer’s use thereof OR a Problem which results in the reduction/degradation of the performance or functionality of the Service and affects multiple users.

Examples of a “High” level Problems include those Problems which impacts the ability of a user of the Service to perform critical functions such as campaign management, inventory management, user management, reporting management, user DB management.

4 Hours

3 Days

Medium (P3)

Materially affects the operation of the Service such that there is a reduction/degradation in the performance/functionality of the Services and affects an individual or a small set of local individual users, but does not severely degrade Customer’s or Your Customer's use of the Service. The impact is an inconvenience, but the operation can continue in a restricted fashion. Workarounds are available.

8 Hours

7 Days

Low (P4)

Causes only an immaterial impact on the operation of the Service (e.g., cosmetic problems) and only affects a single user or a service request (e.g. password unlock/user account creation or update user details or similar).

2 Days

Within Ordinary Cause of Business

*Response and Resolution times contingent on Customer being responsive to Kevel during these Response and Resolution timeframes.

5. Service Resource and Rate Limits.

Customer agrees to comply with the following Service resource and rate limits. As specified in the Order, these limits are based on the Customer’s service plan ( Business or Enterprise). If the Order does not specify the service plan, the Business Plan limits below shall apply. If the Customer changes its service plan, the limits below will be modified commensurate with the changed plan:

  • The “Total Active Limit”, as defined by the total number of active, non-deleted, and non-archived ads and sites (collectively, “Active Resources”) across an entire account, is 15,000 for the Business plan and 50,000 for the Enterprise plan.

  • The “Max Flights per Campaign Limit”, defined by the number of flights on any single campaign, is 125 for the Business plan and 500 for the Enterprise plan.

  • The “Max Ads per Flight Limit”, defined by the number of ads on any single flight, is 125 for the Business plan and 500 for the Enterprise plan.

  • “Rate Limits” for the Management API are as follows: Business plan allows for a base of 20 RPS with bursts up to 50 RPS; Enterprise plan allows for a base of 50 RPS bursts up to 100 RPS

SLA Definitions

  • “Business Day”: means Monday to Friday

  • “Critical Support Hours”: 24 hours a day, 7 days a week, 365 days a year

  • “Standard Support Hours”: means 24 hours a day Monday to Friday.

  • “Service Month” is each calendar month during the term of the Agreement.

  • “Eligible Credit Period” is a single month, and refers to the monthly billing cycle in which the most recent downtime occurred.

  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Month in which the Service was not responding to ad requests. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA exclusion per Section 4 below.

  • “Service Credit” means 10% of the Customer’s invoice for the Eligible Credit Period.

Service Credits

Kevel will apply any Service Credits for which a Customer is eligible (pursuant to Sections 2(a), 2(b) or 2(c) of this Exhibit A Service Level Agreement) only against future Kevel payments otherwise due from Customer, unless the Agreement is terminated, in which case Kevel shall refund such amounts to Customer. 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). The total Service Credits in an Eligible Credit Period will not exceed 100% of the Customer’s invoice for the Eligible Credit Period.

Credit Request and Payment Procedures

To receive a Service Credit, Customer must submit a request by sending an e-mail message to [email protected] Kevel will issue the Service Credit to the Customer within one billing cycle following the month in which the request occurred.

SLA Exclusions

The Service Level Agreement does not apply to any unavailability due to (i) scheduled maintenance, (ii) failure, interruption, outage or other problem with any software, hardware, system, network or other technology infrastructure that is not provided to Customer by Kevel and that is not part of Kevel’s own systems or Kevel’s hosting providers, (iii) force majeure events and other issues outside of Kevel’s (or Kevel’s hosting providers) control, (iv) access to or use of the Service not by its documentation or the Agreement, or (v) issues due to Customer’s misconfiguration of the Service.