The provisions contained below are an integral part of the Terms of Service, and User.com has decided to conclude them in the form of an agreement with the following content:
1. General provisions
1.1. This Service Level Agreement (hereinafter: "SLA") is an integral part of the Terms of Service (ToS) (hereinafter: "Main Agreement") as set out in the Terms of Service (ToS) and is valid as long the Master Agreement is in effect.
1.2. This SLA sets out specific Guaranteed Service Level Objectives (SLOs) that Service Provider has agreed to provide. It also designates all exceptions to these obligations, and the remedial remedies available to the Customer in the event of failure by the Service Provider to meet one or more of the SLOs set out in this SLA.
1.3. The Service Provider represents and warrants that it has tangible and intangible resources (including human resources, experience and know-how) necessary to perform the obligations under this Agreement. The Service Provider declares that the scope of its basic activity includes the provision of programming and graphic design services.
1.4. The Service Provider declares and ensures that the works constituting the subject of the Main Agreement will be performed by the Service Provider in person or by the Service Provider's employees, for the actions or omissions of which the Service Provider is responsible as for its own actions and omissions (by the "Employees of the Service Provider", the parties understand the persons in an employment relationship with the Service Provider and persons permanently cooperating with the Service Provider in the scope covered by the subject of the Agreement, under a civil law agreement) Entrusting all or part of the work constituting the subject of the Agreement to a third party who is not an Employee of the Service Provider (subcontractor) requires the Customer to express a separate consent, given in writing, under pain of nullity. If the Customer expresses the consent referred to in the preceding sentence to entrust the work to subcontractors, the Service Provider will be responsible for the actions or omissions of the subcontractors as for its own. The Service Provider is not authorized to incur any obligations for or on behalf of the Client.
1.5. A detailed description and functionality of the Service offered under the Main Agreement is included in Appendix No. 1, which also sets the minimum service level (SLA).
1.6. The service will be launched on dedicated servers provided by trusted suppliers with location for EU customers in the EU. Currently, apart from OVH, the Service Provider uses the services of AWS and CloudFlare simultaneously, which does not exclude the use of services of other entities in the future.
1.7. User.com application, apart from the user interface, has two API communication interfaces:
a) “Open widget, events” - rest API available from User.com widget embedded on clients' websites. Enabling communication to ensure the functionality of the chat widget and data collection functions such as events or page views.
i) has a limit of 1,000 requests / second in the case of a long-term load, however, these limits are not respected in the case of one-off traffic spikes occurring at customers in the case of atypical large campaigns, they can be applied in the case of a long-term, improper application of the generated load,
ii) requests can be cut by 3 different solutions detecting fraudulent traffic,
1) at the DNS level, CloudFlare anti-DOS solutions,
2) at the data center level "anti-DOS OVH, AWS, Azure",
3) internal checkers in load balancers,
b) "Public REST API User.com" https://user.com/en/api/introduction/ to use which it is necessary to generate a key in the User.com panel,i) has a limit of at least 600 requests per minute for one application and may be changed in consultation with the client.
1.8. The Service Provider may unilaterally, at any time, increase the guaranteed level of individual Services, cover the SLA for new Services and start providing the existing Services with the use of equipment / infrastructure with more advanced parameters.
1.9. In order to guarantee the highest quality of services, the Service Provider undertakes to make system backups (so-called backups) every 24 hours, on a server other than the server operating the User.com platform. The service provider also reserves the right to 5-10 minutes breaks in access to the service when updating the application (which usually takes place between 22 - 5 UTC +01: 00). In the event of the lack of access to the platform for reasons beyond the control of the Service Recipient for more than 48 hours, the Service Provider will provide a second version of the environment with access to all data from the backup within 24 hours.
1.10. In the event of lack of access to the platform or any of the modules or lack of functionality of the Platform or any of the modules for reasons beyond the Customer's control over 24 hours, the Service Provider will, within the next 24 hours, provide a second, fully functional and including all modules version of the environment with access to all data from backup. At the Customer's request, in the event of lack of access to the platform or to any of the modules or lack of functionality of the platform or any of the modules for more than 3 days for reasons beyond the control of the Customer, he will receive a backup with all data collected during the term of the contract.
1.11. The Service Provider reserves the right to make changes without warning as soon as it is detected that any of the applications or libraries used have any update that, in the Service Provider's opinion, has an impact on the security of the processed information.
1.12. The Service Provider also reserves the right to clean and organize the database once a month at selected night hours. When performing a database cleanup and cleanup process, the application may not be accessed and data may not be saved. Unless otherwise agreed by the Service Provider, the process of cleaning and organizing the database may take place every Sunday from 3:00 UTC +01: 00 until completion, but no longer than 7:00 UTC +01: 00, where The Service Provider reserves the right to change the above-mentioned date.
1.13. In the event of a failure of any server or other service provided to the Service Provider by a third party, the Service Provider shall be bound by the provisions identical to the SLA applied by that third party, in particular by OVH, AWS, Azure. In case of any doubts, the SLA of the Service Provider's suppliers prevail, and the Service Provider is not responsible for any errors that may occur on the part of a third party, such as OVH, AWS and CloudFlare. Addresses under which the relevant SLA is available:
- OVH: https://www.ovh.pl/private-cloud/uslugi_zawarte/bezpieczenstwo-i-sla.xml
- AWS: https://aws.amazon.com/compute/sla/
- AWS: https://aws.amazon.com/agreement/
- CloudFlare: https://www.cloudflare.com/business-sla/
1.14. The Service Provider is not responsible for the information provided by the Customer about logins and passwords to the User.com panel, and thus for the deletion of data in the application by third parties. The user is obliged to keep the above-mentioned data in a safe place, preventing access by unauthorized persons.
1.15. Only the customer has access to the data that is in his Services panel. The Service Provider is not able to view, change or delete the Customer's data, except in the cases specified in ToS. The service provider provides technology and a tool for collecting data and communicating with users, the customer is responsible for registration and database management.
1.16. For the purposes of the implementation work, the client may grant access to the panel of his own application to employees of the User.com implementation department. This requires the individual consent of the client and a designation in the panel for which employees for how long access is granted.
2. Definitions
2.1. In this Agreement, capitalized terms have the meanings set out below. To the extent that these definitions conflict with the definitions previously set forth in the Services Agreement for the same terms, the following definitions shall take precedence, but only with respect to the provisions of this SLA.
2.1.1. Force majeure - any unforeseeable and unavoidable events disrupting the performance of the Agreement for the provision of services, provided that they are beyond the control of any party to the Agreement for the provision of services and cannot be overcome by the party they affect, despite its behavior the due diligence required of professional operators; Provided that a given event is unpredictable for the Service Provider (in terms of scope or impact), unavoidable and external, and that the event prevents the performance of the Service Agreement or the SLA Agreement, force majeure events include, inter alia, actions of a public enemy, acts terrorism, cyber attacks on any infrastructure used by or on behalf of the Service Provider to provide services specified in the Service Agreement, wars declared or unspoken, blockades, uprisings, riots, epidemics, landslides, earthquakes, storms, lightning strikes, floods, water washing , natural disasters or civil unrest.
2.1.2. Response time (incident management) - the length of time between the Customer's notification and the receipt of a substantive and non-automatic response from the Service Provider, containing at least a schedule and a repair proposal;
2.1.3. Response time (service parameter) - a fixed amount of time needed to execute the requested command (e.g. database response time, API response time, server response time). Repair time - the length of time between the Customer's notification and the resumption of the provision of Services in full compliance with the Service Agreement;
2.1.4. SLO - (Service Level Objective, pl. Service Level Objective) a specific, measurable feature of a cloud service covered by the Service Provider's obligation;
2.1.5. Service / services / system - the subject of the Main Agreement is specified in detail therein
2.1.6. Working days - working days (from Monday to Friday), excluding official holidays recognized as such by Polish law;
2.1.7. Working hours - hours between 8.00 a.m. and 4.00 p.m. on Working Days (Polish time, i.e. UTC + 1 (CET) or UTC + 2 (CEST) in winter and summer, respectively).
2.1.8. Critical Error - a malfunction of the system / service, causing either the complete inability to use the system, or such limitation of its use that it ceases to fulfill its basic functions. An example of a Critical Error is such an error when the server is not able to fulfill the user's query at the moment due to overload, data loss or their consistency, the inability to log the user to User.com, unavailability of critical system functions, such as access to the database .
2.1.9. Serious error - malfunction of the system, limiting the use of the system while maintaining its basic functions. An example of a Serious Error is the unavailability of non-critical system functions, such as the lack of access to some modules / components of the User.com platform.
2.1.10. Low Category Error - a malfunction of the system that does not limit the use of the system. An example of a Low Category Error is e.g. display errors inside the User.com interface.
3. Application and Exceptions
3.1. This SLA applies to the Services and will remain in effect for the duration of the Services Agreement. Upon termination of the Service Agreement, the SLA shall expire automatically and without notice, provided that the obligations and remedial measures set out therein apply for a period corresponding to the term of the Service Agreement.
3.2. The Service Provider's obligations under the SLA apply to the Services and are legally binding on the Service Provider, regardless of whether the Service Provider entrusts external suppliers to perform any part of these Services. The Service Provider warrants and represents that all obligations referred to in this document automatically apply to all Services and to all external suppliers entrusted by the Service Provider with the performance of Services for the Customer. Without prejudice to the foregoing, any failure to comply with the SLO due to an act or omission of the subcontractor on which the Service Provider relies in the performance of the Services is considered a failure of the Service Provider itself to comply with the SLO.
3.3. The Service Provider's obligation to achieve the Service parameters specified in this SLA Agreement (SLO) is of a warranty nature.
3.4. The provisions of the SLA (including the exceptions set out below) apply only to the extent that they do not conflict with the mandatory provisions of law in Poland. If any of these provisions are found to conflict with mandatory provisions of law, they will not be binding and the remainder of the SLA will not be affected. The parties will mutually agree and replace such a provision with a provision that reflects the original intention of the parties as closely as possible, insofar as it is possible without violating the mandatory provisions of law.
3.5. Notwithstanding the provisions of points [3.5 - 3.8] below, in the event of a breach by the Service Provider of the obligations arising from this SLA, the Customer is entitled to the Corrective Measures indicated below.
3.6. Violations of the SLA do not entitle the Customer to any Remedial Measures to the extent that the Service Provider is able to demonstrate to the Customer, providing satisfactory evidence to that effect, that the breach was caused solely by Force Majeure, subject to point [3.7] below.
3.7. Force Majeure events do not include events the consequences of which the Service Provider could avoid if he applied preventive and business continuity measures applied by professional entities, in particular the following events are not included:
3.7.1. any service breakdowns or disruptions solely due to local incidents caused or felt solely by the Service Provider (including local fires, local strikes, local labor disputes or unrest, or local industrial disturbances);
3.7.2. any breakdowns or service disruptions resulting in whole or in part from the Service Provider's failure to comply with industry best practices in information security management;
3.7.3. power failures or natural disasters affecting only one data center location;
3.7.4. strikes, lock-outs or other labor disputes involving the Service Provider's personnel, or
3.7.5. any failure of the IT or telecommunications (ICT) infrastructure or ICT service providers on which cloud services rely.
3.8. Violations of the SLA do not entitle the Customer to obtain Corrective Measures to the extent that the Service Provider is able to demonstrate to the Customer by providing satisfactory evidence that the breach occurred solely as a result of:
3.8.1. hardware deficiencies or software deficiencies resulting from the Customer's own choices or management decisions beyond the Service Provider's control, including configuration errors or decisions, malfunctioning of IT hardware or software;
3.8.2. actions or omissions of the Customer or its representatives, including the Customer's decision not to comply with the guidelines regarding the use of the Service Provider's Services attached to the Service Agreement, as well as the actions or omissions of the Customer or its representatives violating the permissible policies of using the services, agreed by the Service Provider with the Customer in writing , including making use of the Services in a way that obviously goes beyond the scope of the Agreement for the provision of services;
3.8.3. in connection with services provided in the beta and trial versions, provided that the Service Provider has clearly informed the Customer or his representatives in writing;
3.8.4. acts or omissions of the Customer or its representatives contrary to the Service Agreement or applicable law.
3.9. Finally, the Service Provider's obligations referred to in point 4 of the SLA Agreement (Availability SLO) are suspended for the duration of any scheduled maintenance work that the Service Provider has informed the Customer about, alternatively:
3.9.1. under or in accordance with the terms of the Service Agreement, or
using the communication channel customarily used between the parties, at least ........... Working Days ahead and provided that each message regarding scheduled maintenance includes at least the following information:
a) the time frame in which the planned maintenance works will take place;
b) expected duration of planned maintenance works;
c) Services that will be affected by the planned maintenance work,
3.10. In the event of a dispute regarding planned maintenance works, the Service Provider is obliged to prove that he has provided the Customer with maintenance works under the conditions described above and in accordance with the terms of the Agreement for the provision of services.
4. Availability (SLO availability)
The Service Provider will ensure the availability of individual Services 24 hours a day, from Monday to Sunday, with 99.98% Availability in each calendar month specified for each service.
5. Violation of the SLA Agreement - consequences of failure to comply with the SLO:
5.1. Violation of the SLO - Service Level Objectives provided for in the SLA entitles the Customer to (Corrective Measures):
5.1.1. In the event that the Objective regarding the level of service availability specified in point [4.1] above is not achieved, the Service Provider shall pay the Customer a contractual penalty in the amount of: Contractual penalty:
6. Service window and error reporting
6.1. Reports can be made while the Helpdesk / Chat Support is available - from Monday to Friday from 9:00 a.m. to 5:00 p.m.
6.2. Errors may be reported to the Service Provider using one of the following communication channels:
1. By e-mail
2. Through Helpdesk / Chat Support in available hours
6.3. The notification should contain the following information:
a) the name and surname of the reporting person;
b) specification of the user's device, operating system and its version running on the user's device at the time the Error occurs;
c) date and time on which the Client or user first noticed the Error;
d) description of the reported Error, e.g. information on:
- Affected Services;
- the expected performance of the Service compared to the actual performance of the Service;
- any specific circumstances under which the Error occurs or does not appear;
- if applicable: detailed information available through the user interface, log files, output generated by an Error;
e) data for which the Error occurs;
f) the Failure Category in accordance with 2.1.8-2.1.10 above.
6.4. In the event that the information indicated in the notification is insufficient, the Service Provider has the right to request additional information from the Customer, provided that it is objectively necessary to correct the Error. The Customer is obliged to provide the Service Provider with information that is reasonable from the Customer's point of view in order to remedy the Error. In the event that the Service Provider requests additional information about the Error, the Service Provider is obliged to assist the Customer in obtaining such information to the extent that it is in his possession or is under his control (eg by providing instructions, commands, tools necessary to obtain such information).
6.5. If, in the opinion of the Service Provider, the Error should be marked as an Error of a Category other than that indicated by the Customer, the Service Provider is obliged to inform the Customer about it. The parties will agree to determine whether the Fault Category should be changed. Until the change of the Error designation is approved by the Customer, the Service Provider is obliged to start repairing the Error in accordance with the Error designation specified by the Customer. For the avoidance of doubt, the parties assume that the change of the Error designation will not affect the determination of the moment of reporting the Error. Any disputes regarding the Error category will be resolved in accordance with the dispute resolution procedure.
6.6. The Service Provider undertakes to respond and correct all Errors within the timescales determined in accordance with the Service levels indicated below.
Basic response time and repair time:
6.7. It is possible to individually agree on a Premium Plan (for an additional fee), the assumptions of which will meet the specific expectations of the Customer regarding a shorter response time and repair time.
6.8. For the purposes of this SLA, repairing an Error means restoring the proper operation of the Services by permanently removing the causes of the Error and restoring full functionality of the Services. The repair of the Error also includes the removal of the effects of the Error, in particular the restoration of the Customer's data (if applicable).
Appendix 1
to contract No. ...........................
of ...........................
Application: Description and functionality.
1. Data collection
1. Tracking pages visited by the user
2. Filtering users by attributes
3. Collecting data from the user's browser
4. Possibility of integration with the FullContact system
5. Creating dynamic segments
6. Tagging users
7. User management through lists
8. Sending custom events
9. The ability to import and export contacts via CSV files
10. Organization of company-user interaction in the form of a timeline
11. Ability to edit user data via the API
12. Collecting user information via forms on the site
2. Chat
1. Ability to send automatic chat messages
2. The ability to chat with the user via chat
3. Customizable chat appearance and display mode
4. Sending a chat message as an email when the user is not present on the site
5. Agent notifications for chat messages
6. Access to chat via the mobile application
7. Ability to set default chat responses
8. Automatically assign users from a specific segment to agent groups
9. The ability to add notes, new CRM activities and new CRM sales opportunities
10. The ability to send messages in three different versions in terms of size
3. Mailing
1. Adding your own email templates
2. Adding your own email messages
3. Email campaign settings
4. SMTP connection option
5. IMAP connection option
6. Option to add a user to the database via a link in the email
7. A / B tests on emails
4. Automation
1. Trigger modules:
1. Start the action at the time of the event
2. Start the action when visiting the website
3. Start the action when you chat
4. Start the action at a specific time on a specific day
5. Start the action when the tag is added
6. Start the action when added to the list
7. Start the action when the tag is removed
8. Start the action when removed from the list
9. Start the action when you complete the form
10. Start an action on an incoming or outgoing call
2. Filtering options in automation
1. Based on attributes
2. Depending on whether the user has visited a specific page
3. Depending on whether the user has received a specific email
4. Depending on whether the user has completed a specific form
5. Depending on whether the user has interacted with the modal
6. Depending on whether the user clicked on the link in the specified email
7. Depending on whether the agent responded to the message
8. Depending on whether the user responded to the email
9. Depending on whether the user is in a particular segment
10. Depending on the random A / B test
3. Actions possible to automate
1. Send chat messages
2. Sending an email campaign
3. Display the form
4. Displaying the modal
5. Adding or removing a user from the list
6. Adding a specific tag
7. Deleting the specified tag
8. Update the user attribute to the specified value
9. Update the user attribute by the specified value
10. Add to telephone campaign
11. Waiting for the specified interval
12. Emailing to agent
13. Sending push notifications to the agent
14. API query
15. Change of scoring
16. Add a note
17. SMS sending
18. Change of page content
19. Collecting data from the user's screen
20. Adding a new deal in the CRM module
21. Adding new activity in the CRM module
22. Change of stage at which the deal in CRM is
23. Calculation of numerical data based on user events or attributes
4. The ability to set the frequency and conditions for activating the action
5. CRM
1. Adding new agent activities
2. Adding and managing sales opportunities
3. Storing company data in separate profiles
6. Management
1. Adding new agents
2. Agent access management
3. Delete the application
7. Statistics - displaying data on: [5]
1. The number of registration
2. Open conversations by day
3. Medium response time by agent
4. The number of active users
5. Number of companies
6. Total number of visits
7. Total number of unique visits
8. The number of users in a particular segment by day
9. The number of companies in a particular segment by day
10. The number of users with the specified tag
11. The number of companies with the specified tag
8. Management dashboards
1. The ability to create separate analytical dashboards
2. The ability to display the following information on dashboards
1. Percentage of new users in the specified number of last days
2. Daily number of CRM activities by type in the last 30 days
3. Percentage change in segment size
4. Segment content in the last 30 days
5. Percentage of deals by type
6. Daily number of chats per month
7. Number of occurrences of the event in recent days
8. Daily number of activities in the last week
9. Number of users with a specific tag
10. Number of active chats
11. Daily number of chats in the last week
12. Aggregate value
13. Number of conversations in recent days
14. Number of users in the segment in the last 7 days
15. Number of CRM activities in recent days
16. Number of events in the last 7 days
17. Number of people in the segment
9. Access to the contact center module
1. The ability to create an SMS campaign
2. The ability to create telephone campaigns
3. Ability to add conversation scripts in telephone campaigns
4. The ability to answer calls in the User.com panel
5. The ability to call the user from his profile
6. Possibility to buy a new phone number
7. Ability to record conversations
10. Access to the following API functionalities
1. User management
1. Creating a user
2. Update user attributes
3. Finding a user by email
4. Find a user by key
5. Finding a user by date
6. Delete the user
7. Download user data
8. Download data of all users
9. Retrieve the user segment
10. Adding and removing a user from the list
11. Setting one or more user attributes
12. Delete the user attribute
13. Downloading user hit hits
14. Download the user timeline
15. Downloading user events
16. Downloading user emails
2. CRM
1. Creating a company in CRM
2. Updating company data in CRM
3. Removal of the company
4. Download the list of companies
5. Creating a CRM sales opportunity
6. Update of the CRM sales opportunity
7. Remove CRM sales opportunity
8. Downloading CRM sales opportunities
9. Create activity in CRM
10. Activity update in CRM
11. Delete activity in CRM
12. Downloading activity in CRM
3. Notes
1. Create a note
2. Update the note
3. Download user notes
4. Delete the note
4. Tags
1. Tag adding
2. Tag removal
3. Update tag
4. Download all tags
5. Letters
1. Create a list
2. Update the list
3. Addition to the list
4. Remove the user from the list
6. Attributes
1. Create an attribute
2. Update
3. Retrieve one or more attributes
7. Events
1. Creating events
2. Downloading one or more events
8. Segments
1. Display of segments
2. Listing segments
9. Conversations
1. Download one conversation
2. Download all conversations
3. Create a message
4. Add attachment
5. Send a webhook
10. Emails
1. Send an email
2. Create, delete or update an email template
3. Download the email template
4. Download all email templates