The Company will make every effort to make Brainswarming® available 24 hours per day, 365 days per year, exclusive of Scheduled Downtime and emergency situations. Definitions. “Customer” refers to the person or entity digitally signing the SaaS Agreement for access to Brainswarming®. A “User” is a specific person identified by Customer to use Brainswarming®. A Customer may have one or more “Users” of the Brainswarming® System (as defined in the SaaS Agreement). Service Credit
If a User experiences an issue with Brainswarming®, the User may contact technical support for assistance. Company expects that technical support will be able to resolve most issues with Brainswarming® within two (2) business days. There may, however, be instances where the issue User is experiencing relates to User’s attempted uses beyond the functionality of Brainswarming®. Technical support will notify User as to which type of issue it is experiencing. For issues within the functionality of Brainswarming®, if technical support cannot resolve the User’s issue within two (2) business days after User has explained the issue to technical support, Company shall upon written request by User provide a Service Credit for the next monthly fee for such User. Service credits shall be limited to one (1) incident per twenty-four (24) hour period (regardless of the number of actual incidents during such period or the actual length of unavailability during any 24 hour period), shall further be subject to an aggregate annual limit of two (2) months of service credit per User per any rolling twelve (12) month period, and shall only be available for any User who actually attempted to use Brainswarming and experienced the reported issue. The User must notify the Company of the unavailability of Brainswarming® through its technical support channels and have its issue unresolved within the timeframe specified to be eligible for a service credit. Issues must be reported contemporaneously with the issue experienced by the User. The foregoing shall be Company’s sole obligation with respect to failure to meet service goals.Company will not be liable or provide any service credit for any failure to meet a service level to the extent that such failure is attributable to any of the following: (i) acts, omissions or errors of User, an end user, or a third party, (ii) breaches of the Agreement by User, (iii) failure of Customer’s or an end user’s software, hardware, systems or connections, (iv) issues related to uses beyond the functionality of Brainswarming® as determined in the sole discretion of Company, or (v) Extraordinary Circumstances.
Company technical support will be available during the hours of 9:00 AM and 5:00 PM, Eastern Time, Monday – Friday exclusive of holidays observed in Massachusetts. The following are sample issues which warrant technical support:
• Many or all of Customer’s Users have no access to Application
• System response time significantly degraded from standard
• Some of Customer’s Users have no access to Application
• System performance is unstable
• Customer or User has functionality questions
All requests to Company for technical support may be made by telephone or email as noted on the Brainswarming® website. Receipt of the error report will be acknowledged and the Company shall, after receipt of an error notification, use reasonable efforts to respond to each notification the same business day for reports received prior to 1:00 p.m. Eastern Time and before 1:00 p.m. the next business day for reports received after 1:00 p.m. Eastern Time or on weekends or holidays observed in Massachusetts.
Scheduled Downtime may occur in accordance with notification posted on the access page for Brainswarming®. Scheduled Downtime is not calculated as part of Company availability commitments and Customers are not eligible for service credits for unavailability during Scheduled Downtime. The Company will use reasonable efforts to conduct Scheduled Downtime outside of the hours of 8:00 a.m. to 5:00 p.m. Eastern Time, Monday – Friday. Sometimes emergencies occur, and the Company will use reasonable efforts to restore functionality as soon as possible following an unscheduled outage.
“Extraordinary Circumstances” include fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, labor difficulties, generalized internet interruptions (through denial of service, worms, telecommunications problems or the like) or any other cause beyond Company’s reasonable control. The Company takes commercially reasonable efforts to protect against and plan for continued service in such circumstances, but Company cannot guarantee continuous access in the event of such circumstances. In such events, Company will use commercially reasonable efforts to cause our ISP and other third-party providers of connectivity to maintain and re-establish, when necessary, accessibility.