Service level agreement

1. Definitions. The following definitions apply to this Service Level Agreement ("SLA"):

1.1. “Annual Downtime Period” means the total number of hours for the applicable Subscription year during which the Service was unavailable to Client due to Downtime Events.

1.2. “Annual Uptime” means the total number of hours for the applicable Subscription year during which the Service has been available including any scheduled Downtime Events, which may be tracked through https://status.abbyy.com.

1.3. “Downtime Event” or “Major Outage” means the time period during which the Service is unavailable as measured and determined solely by ABBYY on its servers and which can be tracked through https://status.abbyy.com.

2. Applicability. The commitments in this SLA are provided only for paid Subscriptions and are not applicable to any trial or otherwise free Service.

3. Annual Uptime Commitment. ABBYY commits to the Service Annual Uptime not less than 99,5%.

4. No Processing Speed Commitment. The general availability of the Service is not a guarantee of the processing speed of individual Volume Units.

5. Service Credit. If the Annual Uptime percentage is less than 99,5%, subject to exclusions in Section 10 below, Client will be entitled to a credit of:

(i) in case of ABBYY FlexiCapture Cloud, ABBYY FlexiCapture Cloud API, ABBYY Vantage Cloud and ABBYY Vantage Cloud for ISV Distribution – corresponding number of pages based on the following calculation: CNP = [{(PPY/365 days/24 hours)*DT hours}*1,5], where CNP stands for corresponding number of pages, PPY is pages per year in Client’s annual Subscription package, and DT hours are the total hours of Downtime Event(s).

(ii) in case of ABBYY Timeline – corresponding number of hours rounded up to days where 1 (one) day shall be credited when the Downtime Event lasted for more than 1 (one) hour and for less than 24 (twenty-four) hours.

6. Service Credit Claim. ABBYY may but is not obliged to auto-credit Client. Client may provide its credits claim to ABBYY at order@abbyyglobal.com not later than 30 (thirty) days after Client’s then-current Subscription Term ends.

7. Information Required for Claim. In its claim Client shall provide ABBYY with all reasonable details regarding the claim, including but not limited to network trace routes, the URL(s) affected and any attempts made by Client to resolve the Downtime Event.

8. Service Credit Issuance. ABBYY will verify Client’s claim and if the claim is substantiated, ABBYY will calculate the Annual Downtime Period based on Downtime Events duration and issue the corresponding credit to Client.

9. DISCLAIMER AND EXCLUSIVE REMEDY. UNDER NO CIRCUMSTANCES SHALL ABBYY BE LIABLE FOR ANY DAMAGES SUFFERED BY CLIENT AS A RESULT OF USE OR INABILITY TO USE THE SERVICE, OR THE FAILURE OF THE SERVICE TO MEET THE ANNUAL UPTIME COMMITMENT. CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF THE SERVICE TO MEET THE ANNUAL UPTIME COMMITMENT IS DESCRIBED IN THE SECTION 5 ABOVE.

10. Service Level Exclusions. The Annual Uptime commitment set forth above does not apply to any Downtime Event caused by:

a. Scheduled Downtime Events, including without limitation, periodic upgrade and maintenance;

b. Beta or trial periods;

c. Factors outside of ABBYY’s reasonable control (for example, a network or device failure external to ABBYY’s or its service providers’ data centers);

d. Client’s use of hardware, software, or services not provided by ABBYY (for example, third-party services);

e. Client’s use of the Service after ABBYY has advised Client to modify its use of the Service;

f. Any failure of Client to satisfy the requirements for accessing the Service or any breach Agreement by Client; or

g. Any suspension or termination of access to the Service in accordance with the terms of Agreement entered into between Client and ABBYY.