SERVICE LEVEL AGREEMENT (SLA)

Version 7.0 as of January 25th, 2024

This SERVICE LEVEL AGREEMENT (the “SLA”) is made and entered into the Effective Date of the MASTER SERVICE AGREEMENT (the “MSA” or the “Agreement”) by and between the Contractor and the Customer.

Now therefore it is agreed as follows:

Definitions
1. In this SLA the following words have the meanings set out in the MSA or below:
  1. Only for the purposes of this SLA and the Service interface “Customer” refers to the customer’s clients, i.e. users in the database, whereas “Client” refers to the company subscribed to Mindbox Services.
  2. “Monitoring System” refers to the Contractor’s system that allows Parties to monitor Service performance.
  3. “Critical Data” refers to customer information related to the unique customer identificator issued by the Mindbox Service. This data can be viewed and used for processing via the Service interface.
  4. “Data processing center (DPC)” refers to a company that provides the Contractor with the following services: an Internet data transmission channel, power supply, and physical security of servers.
  5. “RPM” means requests per minute.
  6. “RPS” means requests per second.
  7. “API methods for calculating discounts and bonus points in the cart” refers to any of the following API methods:
  8. “API methods for processing orders” refers to any of the following API methods:
  9. “API methods for saving order” refers to API methods containing at least one of the following steps:
  10. “Service API methods required to display the Client’s customer interfaces” refers to API methods returning data in response if such API methods contain at least one of the following steps:
  11. “API methods for getting recommendations” refers to API methods containing at least one of the following steps:
  12. “Sending a message” refers to any of the following events:
  13. “Guaranteed sending speed” is defined by the values in the table below
  14. “Variables with a guaranteed sending speed” refers to the variables listed below and their child variables:
    - CustomParameters
    - Message
    - Ticket
    - Recipient.AdditionalData
    - Recipient.Area
    - Recipient.BirthDate
    - Recipient.Card
    - Recipient.Email
    - Recipient.EmailToBeConfirmed
    - Recipient.ExternalIdentity
    - Recipient.FirstAndLastName
    - Recipient.FirstAndMiddleName
    - Recipient.FirstName
    - Recipient.FormattedMobilePhone
    - Recipient.FullName
    - Recipient.Id
    - Recipient.IsMale
    - Recipient.LastName
    - Recipient.Login
    - Recipient.MobilePhone
    - Recipient.MobilePhoneConfirmationCode
    - Recipient.MobilePhoneToBeConfirmed
    - Recipient.OnlyStandardFirstName
    - Recipient.Password
    - Recipient.Settlement
    - Recipient.Sex
    - Recipient.GetBonusPointsAccount
  15. “Variables without a guaranteed sending speed” refers to all other variables.
  16. “Transaction-triggered Flow” refers to the launching of a Flow marked in the Service interface as guaranteeing fast implementation, as a result of calling a Priority Operation.
  17. “Priority Operation” refers to an operation in the Service interface with the “Priority Operation” setting enabled.
  18. “Flow chain guaranteeing fast implementation” refers to a chain of Flow blocks marked in the Service interface as guaranteeing fast implementation.
  19. “Maximum workload for Flows guaranteeing fast implementation” refers to the number of launched Flows that are marked in the Service interface as those that guarantee fast implementation. The Flow has been launched if:
  20. “APDEX (Application Performance Index)” is an index for measuring the performance of the Mindbox Service:
  21. “Error Rate” is the value reflecting the proportion of unsuccessful implementations (erroneous or taking more than T) and calculated according to the formula
    
    Error Rate_T =
    
    Number of unsuccessful implementations (erroneous or taking longer than T)
    
    Total number of implementations
    
    where:
2. The SLA sets out the level of quality of the “Subscription to Mindbox Service” and does not apply to other services provided by Contractor.
Table of Incidents
1. “Incident” means an event that meets the type and criteria of one or more situations from Table of Incidents.
2. Only cases expressly provided for in this SLA and specified in the tables below are considered incidents:
Other incidents
Type and criteria of Incidents

Compensation period

Compensation rate

Exceptions

The number of messages sent in all channels in the last 30 minutes is less than the guaranteed sending speed.

Every minute

0.03%

An email over 102Kb in size; automated campaigns, Flows and API methods;
Campaigns that use variables without a guaranteed sending speed;
Campaigns lasting less than 30 minutes;
Campaigns with a speed or sending hours limit in the Service interface;
Campaigns with the “preparing to send” status
Campaigns completed by 99%

Incorrect operation of automated campaigns

Every twenty-four hours of the incident

0.75%

Incorrect campaign settings setup by user

Failure to launch new campaigns or change existing ones

Every twenty-four hours of the incident

0.75%

An alternative way to solve the problem was provided or the issue was fixed during the first twenty-four-hour period

Unavailability of the administrative panel

Every hour

0.1%

Resolved within the initial hour of unavailability

Loss of Critical Data within Mindbox Service Loop

Every twenty-four hours of the loss

8%

The time it took to respond to a request by Means of Communication constituted more than one working day (a request sent at X hours of one working day was left unanswered by X hours of the next working day)

Every case

1%
The Error Rate of synchronous requests for API methods exceeds 0.005 at T = 4 seconds per twenty-four hours, or an Error code 500 or 503 occurs for:
- Calculating discounts and bonus points in the cart;
- Operations for processing orders;
Every twenty-four hours

0.75%

The number of erroneous responses per twenty-four hours is less than 100
Incident detection
1. In the case of an Incident or suspected Incident the Client must send a relevant notification to the Contractor within 7 days from the beginning of the Incident.
2. Within 2 business days after receipt of the relevant notification, the Contractor must send the Client references to Monitoring System reports which contain information on whether the Incident occurred. The Incident may also be detected by the Monitoring System after it is over.
3. At the request of the Client, the Contractor is obliged to prepare a detailed technical report on the Incident within 5 business days from the date of the request or the end of the Incident, if it has not yet ended.
4. The time (the duration) of the Incident is a period of time the beginning and the end of which were stated by the Parties by Means of Communication.
5. Levels of escalation when the Client detects an Incident or suspects it:
Compensation
1. The Contractor shall provide compensation as a percentage of the cost of the Subscription to the Mindbox Service for the Accounting Period in which the Incident began. The total % of compensation will be calculated by dividing the duration of the Incident by the relevant compensation period, rounded up and multiplied by % according to Table of Incidents hereof.
2. Compensations for Incidents caused by the same event are not cumulative and will be provided exclusively for the Incident with the maximum % of compensation.
3. Compensation is provided exclusively as a relevant deduction of the cost of the Subscription to the Mindbox Service for the current or/and following Accounting Periods.
Limitation of liability
1. Notwithstanding anything to the contrary herein, the Client acknowledges and agrees that the liability of the Contractor arising directly or indirectly from any Incident herein is limited to Compensation. The total sum of Compensation cannot exceed 100% of the cost of the Subscription to the Mindbox Service for the relevant Accounting Period.
2. The Contractor shall not incur any liability to the Client for any breach of its obligations hereunder or for any losses by the following events which shall not be considered as Incidents:
Miscellaneous
1. The SLA applies only to the Subscription to the Mindbox Service and cannot be applied to any other services provided by the Contractor.
2. The SLA shall prevail Agreement provisions and supersedes understandings, whether oral or written in connection therein.
3. The Contractor reserves the right to update the SLA from time to time. If changes are made, the Client will be notified by revising the date at the top of the SLA and, in some cases, the Contractor may provide additional notice (such as adding a statement to its website or sending a notification).

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Previous version list of SLA:

SLA version 6.2 as of April 20th, 2023

SLA version 5.0 as of February 1st, 2021