This Platform Service Level Agreement (“SLA”) sets forth Dais’ responsibilities with respect to Platform availability, incident response, and Customer support. Capitalized terms used but not defined herein shall have the meaning set forth in the Master Services Agreement (“MSA”) between the Parties. The SLA is incorporated into the MSA by this reference.
“Business Hours” means 8:00 a.m. to 5:00 p.m. (Central Standard Time – CST), Monday through Friday, excluding major US holidays.
“Platform Maintenance” means maintenance of the Platform, including software updates, patching, security upgrades, performance monitoring, and bug fixes, generally performed proactively to prevent issues and minimize downtime.
Dais will make a backup copy of each database and file system daily. Daily backup copies are retained for thirty (30) days during the active Term. Dais retains copies of .log files for thirty (30) days. Following any termination of the MSA or applicable Order, Dais shall preserve Customer Data, including stored Customer Data and AI-Generated Content, for a period of not less than ninety (90) days in accordance with the MSA (the “Preservation Period”). Backup copies may be retained for up to one (1) year following termination but Dais has no obligation to retain backups beyond the Preservation Period. Customer is responsible for all data retention beyond or in addition to these specifications.
Customer must adhere to configurations and workflows specified in or required by Documentation for Platform access, operations, and functionality. Additional details can be obtained at any time by contacting support@dais.co.
Dais strives to provide Platform Availability twenty-four hours per day, seven (7) days per week (“24x7 Availability”) except during scheduled times of Platform Maintenance.
Dais shall use commercially reasonable efforts to achieve the target Platform Availability goal of 99.9% uptime (the “Service Commitment”). Notwithstanding the foregoing, Customer recognizes that the Internet consists of numerous autonomous systems that are beyond Dais’ control. Routing anomalies, asymmetries, inconsistencies and failures of the Internet beyond Dais’ control can and will occur, and such instances shall not be considered a failure or breach of the Service Commitment. Dais proactively monitors network uptime and the results of these monitoring systems shall provide the sole and exclusive determination of network uptime for purposes of the SLA and Customer recourse as provided herein.
Dais will use commercially reasonable efforts to limit Platform Maintenance resulting in Severity Level 1 Errors (as defined below) to less than two (2) hours per month. Dais will notify Customer by email not less than twenty-four (24) hours in advance before performing any Platform Maintenance which it reasonably predicts or knows will cause a Severity 1 Error outside of standard Platform Maintenance times.
The Service Commitment excludes any down-time arising from or related to (a) Customer or end user requests for additional or modified Platform services, and (b) Platform Maintenance.
Dais performs Platform Maintenance during the times specified below. Sometimes, however, it may be necessary to perform unscheduled maintenance. Dais reserves the right to perform Platform Maintenance during times other than those specified below:
Platform Maintenance Schedule
| Platform Maintenance Days | Platform Maintenance Hours |
|---|---|
| Thursdays | 5pm to 6pm (CST) |
(a) Should Dais fail to achieve the Service Commitment in any given calendar month, Dais will issue SLA Credits to Customer based on the actual monthly Platform Availability for that month, calculated as a percentage of total minutes in that month excluding scheduled Platform Maintenance, as follows:
| Monthly Platform Availability | SLA Credit |
|---|---|
| Below 99.9% but at or above 99% | 10% of monthly Fees |
| Below 99% but at or above 98% | 20% of monthly Fees |
| Below 98% | 30% of monthly Fees |
All fees referenced in the table above are calculated as a percentage of the monthly service Fees for the affected Services. SLA Credits apply once per calendar month regardless of the number of individual service interruptions occurring within that month (“SLA Credits”).
(b) All SLA Credit claims should be communicated via email to Customer Support within thirty (30) days of the incident or outage. All SLA credits will be issued as credits against future invoices for Services and will remain valid for twelve (12) months from the date of issuance or through the end of the then-current Term, whichever is later.
(c) To qualify for Service Credits, Customer must be current on all payment obligations, comply with the terms and conditions of this SLA, and not otherwise be in breach of the MSA.
(d) No Service Credits will be given for Service interruptions: (i) caused by the action or failure to act by Customer, (ii) due to failure of any equipment or software provided by Customer, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, or (v) resulting from Customer’s breach of the MSA or any other policies and procedures of this SLA.
(e) Total cumulative SLA Credits issued in any given calendar month shall not exceed thirty percent (30%) of the Customer monthly service Fees for the affected Services, as set forth in Section 5(a) above.
This SLA does not apply to any Platform performance or availability issues:
Incident reports are handled via email to Dais’ Customer Support at support@dais.co. Please include the Severity Level in the subject line of the email. For Level 1 incidents occurring outside Business Hours, Customer should email support@dais.co and call its Dais contact person; Dais will use commercially reasonable efforts to provide emergency response outside Business Hours for any such incidents. Dais prioritizes incident reports by severity, as follows:
Incident Classifications and Response Times
| Severity Level | Definition | Ticket Response Goals |
|---|---|---|
| Level 1 / Urgent | Platform is down, business operations severely impacted with no workaround; or a security issue. | Within 30 minutes during Business Hours, and except as otherwise provided herein, response within 2 Business Hours. |
| Level 2 / High | Platform is operational but significant disruption of business operations; no stable workaround. | Within 1 hour during Business Hours, and except as otherwise provided herein, response within 4 Business Hours. |
| Level 3 / Normal | Issues causing moderate to low business disruption with Platform features or any issue for which there is a stable workaround available. | Within 2 hours during Business Hours, and except as otherwise provided herein, response within 8 Business Hours. |
| Level 4 / Low | Platform is fully operational; no significant disruption of business operations; issues with little time sensitivity. | Within 4 hours during Business Hours, and except as otherwise provided herein, response within 24 Business Hours. |
If Customer requires additional Service Level commitments or extended Support, please contact sales@dais.co for additional information.
