Last updated: June 6, 2023

This Support and Service Level Agreement (this “SSLA”) describes the support and service level terms and conditions for the Services. Capitalized terms used but not defined will have the meanings given to them in the Agreement.

1. Support Hours. With the exception of support CaptivateIQ provides for S1 Requests, which it provides on a 24/7 basis, Basic and Premier Support are available from the CaptivateIQ Support Team 24 hours per day Monday through Friday Pacific Time.  

2. Support Request Submission & Severity Classification. Support requests may be submitted on a 24/7 basis via the CaptivateIQ Knowledge Center or this link https://support.captivateiq.com/hc/en-us/requests/new. The CaptivateIQ Support Team will respond to support requests in accordance with the Response Time Guidelines in Section 3 (Support Response Times). 

2.1 Support Request Guidelines. When submitting a support request, Customer must: (i) provide CaptivateIQ with all information necessary for CaptivateIQ to address the request; and (ii) respond promptly to CaptivateIQ with any information reasonably requested by CaptivateIQ to clarify the support request. On receipt of the support request with sufficient information, CaptivateIQ will respond to the request as detailed in Section 3 (Support Response Times), and the CaptivateIQ Support Team will determine the appropriate severity level based on the classifications in Section 2.2 (Severity Classifications) and input from Customer. CaptivateIQ’s obligations to provide the support responses within the specified timeline are dependent upon a Customer contact being available to provide information required for problem diagnosis and to test/confirm any resolution. 

2.2 Severity Classifications.

3. Support Response Times. The response time starts once the CaptivateIQ Support Team obtains all necessary information in order to determine severity level and begin corrective actions to diagnose and provide a resolution. If the CaptivateIQ Support Team does not respond within the defined timeframes described in the table below, Customer may escalate to the CaptivateIQ Support Team by submitting a Support Ticket at https://captivateiq.qualtrics.com/jfe/form/SV_eDaoahTjmhwJH0y.

4. Customer Responsibility. Customer is responsible for ensuring that its hardware and software used to access the Services meet the minimum requirements specified by CaptivateIQ. Minimum requirements include use of a currently supported browser (e.g. Chrome), a high-speed Internet connection, and a compatible email service (e.g. Gmail, O365, or Microsoft Exchange). Customizations, installation, or professional services are not included in this SSLA. Customers are responsible for providing CaptivateIQ staff the information necessary to reproduce errors, including conducting diagnostic or troubleshooting activities as reasonably requested and as appropriate. CaptivateIQ Support must be able to reproduce an error in order to resolve it. 

5. Software Updates and Upgrades. The Customer must accept and install all updates, upgrades, enhancements, and new releases to the Services in a timely manner.

6. Availability Commitment. CaptivateIQ’s Availability Commitment provides that the Services will be Available 99.9% of each calendar month. In the event that CaptivateIQ does not achieve the Availability Commitment, the Customer will be eligible for a Service Credit as its sole and exclusive remedy. No more than once per calendar month and upon Customer’s written request, CaptivateIQ will provide an availability report to Customer. In order to receive a Service Credit, Customer must create a new request in accordance with Section 2 (Support Request Submission & Severity Classification) within 30 calendar days from the end of the calendar month in which the Availability Commitment is not met by CaptivateIQ.

If CaptivateIQ fails to meet the Availability Commitment for 3 consecutive calendar months, then within 30 days following the conclusion of the third consecutive calendar month, Customer may terminate the applicable Order(s) by giving CaptivateIQ 30 days prior written notice of termination, without liability for any cancellation fees, penalties, or other damages associated with termination, and Customer will be entitled to a pro rata refund of prepaid fees, if any, from the effective date of such termination through the end of the applicable prepaid period. Notwithstanding any other term or provision in the Agreement, the remedies stated in this Section 6 (Availability Commitment) are Customer’s sole and exclusive remedies for CaptivateIQ’s failure to meet the Availability Commitment described in this section.

7. Exclusions. Any Sandbox, Beta, training accounts, CaptivateIQ Academy, Demo, Developer accounts, third-party services connected by Customer to the Services, and any other non-production or test environments are expressly excluded from the Availability Commitment and from any other support and service level commitments herein. 

8. Modifications. CaptivateIQ reserves the right to update this SSLA and will notify customers by posting new terms at www.captivateiq.com/service-level-agreement and updating the “Last Updated” date above. 

9. Definitions.

“Agreement” means the CaptivateIQ Master Subscription Agreement, unless the Customer has entered into a separate agreement with CaptivateIQ governing its use of the Services, in which case such agreement will apply. 

“Available” means the Services are available during the Customer’s Subscription Term, measured on a calendar month basis, as calculated below:

(Total - Unplanned Outage - Excused Downtime)/(Total-Excused Downtime) x 100%

• Total is the number of minutes in a calendar month.
  
• Unplanned Outage is the number of minutes that the Services are not available in a calendar month outside of Excused Downtime. Unplanned Outage will be calculated using CaptivateIQ’s system logs and other records.‍
• Excused Downtime is the total number of minutes in a calendar month excluding: (i) up to 4 hours of scheduled maintenance per calendar month, performed during the regular planned maintenance window as CaptivateIQ may reasonably designate from time to time, provided that such windows are not scheduled Monday through Friday from 5am to 5pm PT; (ii) any downtime caused by acts or omissions of Customer, its Authorized Users, or anyone gaining access through its Authorized Users’ usernames and passwords; (iii) any downtime caused by Customer’s use of hardware and network services, which components are controlled by Customer and whose performance or failure to perform can impair Customer’s connections to the Internet and the transmission of data; and (iv) downtime caused by Events Beyond CaptivateIQ’s Immediate Control.
  

“Availability Commitment” means CaptivateIQ’s commitment to ensure the Services are available 99.9% in a calendar month, excluding Excused Downtime.

“Business Day” means Monday through Friday in San Francisco, California.

“Business Hours” means on Business Days, from 6:00 am - 6:00 pm PT.

“Events Beyond CaptivateIQ’s Immediate Control” include: (i) the flow of data to or from CaptivateIQ’s network and other portions of the Internet which depends on the performance of infrastructure services not provided or controlled by CaptivateIQ; (ii) a service interruption caused by a security threat until the security threat has been eliminated; (iii) a Force Majeure Event; and (iv) emergency maintenance, of which CaptivateIQ will notify Customer of as soon as is practicable but will first endeavor to remedy the emergency. 

“PT” means Pacific Standard Time or Pacific Daylight Time, whichever is currently in effect for the Pacific Time Zone.

“Service Credit” means for every calendar month that CaptivateIQ fails to meet the Availability Commitment, Customer may be eligible for a credit as follows:

The total Service Credits a Customer may receive in any 12 month period is capped at the average monthly Subscription Fees for the 12 month period. The Service Credit is not a refund and cannot be exchanged into cash. CaptivateIQ will apply the Service Credit to future Subscription Fees due, if any, under an Order between CaptivateIQ and an applicable Customer and expire if the respective Order ends. 

“Subscription Fees” means the fees paid by Customer to CaptivateIQ for the subscription to access the CaptivateIQ incentive management compensation software-as-a-service and excludes all fees associated with other services, such as fees for integrations, data connectors, beta programs, professional services, managed services, data storage, and data retention.