Important: The commitments in this Service Level Agreement are provided to You only if You are paying for the Service.
- ABBYY guarantees general availability of the Service to be not less than 99.5% of the annual uptime percentage for the Service.
- The general availability of the Service shall have no direct effect on the processing speed of individual pages or documents. There is no guaranteed processing speed for a submitted job.
- If the Service Level is not met or is less than 99.5%, ABBYY will calculate the period of time when the Service is not available to You due to reported incidents based on incidents duration and ABBYY will credit Application with corresponding number of hours rounded up to days where 1 (one) day shall be credited when the Service was not available for more than 1 (one) hour and for less than 24 (twenty-four) hours.
- To be eligible for such additional number of hours, You shall submit a claim to ABBYY via the email address stated below not later than seven (7) calendar days after the end of the relevant quarter.
- You shall provide ABBYY with all reasonable details regarding the claim, including but not limited to, detailed descriptions of the incident(s), the duration of the incident, network trace routes, the URL(s) affected and any attempts made by You to resolve the incident.
- In order to be eligible to submit a Claim with respect to any incident, You shall first notify ABBYY of the incident within twenty-four (24) hours after the incident at: firstname.lastname@example.org.
- ABBYY will use all information reasonably available to it to validate claims and make a good faith judgment as to whether the annual uptime percentage commitment has been met with respect to the claim.
- UNDER NO CIRCUMSTANCES SHALL ABBYY BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USE OR INABILITY TO USE THE SERVICE, OR THE FAILURE OF THE SERVICE TO MEET THE ANNUAL UPTIME PERCENTAGE COMMITMENT, OR CAUSED BY ERRORS, INTERRUPTION OF SERVICE, REMOVAL OF FILES, CHANGE IN FUNCTIONALITY, DEFECTS AND THE LIKE, HOWSOEVER CAUSED. YOUR SOLE AND EXCLUSIVE REMEDY FOR THE FAILURE OF THE SERVICE TO MEET THE ANNUAL UPTIME PERCENTAGE COMMITMENT SHALL BE THE ADDITIONAL HOURS DESCRIBED HEREIN.
- Service exclusions. The Service Level commitment set forth above does not apply to any performance or availability issues:
- due to factors outside of ABBYY’s reasonable control (for example, a network or device failure external to Microsoft’s data centers).
- that resulted from Your use of hardware, software, or services not provided by ABBYY (for example, integrated third-party services).
- caused by Your use of the Service after ABBYY has advised You to modify Your use of the Service, or if for any reason You failed to modify Your use as advised.
- that resulted from Your or third parties’ actions or inactions.
- during scheduled downtime.
- during beta and trial services (as determined by ABBYY).
EXCEPT AS EXPRESSLY PROVIDED HEREIN AND IN THE TERMS, ABBYY MAKES NO OTHER WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICE, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
EXCEPT FOR THE INDEMNIFICATION PROVISIONS STATED ABOVE FOR THE SERVICE LEVEL, IN NO CASE SHALL ABBYY BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING THE LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.