Undefined capitalized terms used in this Policy will have the meanings set forth in the Zabble Terms of Service available at https://zabblezero.com/termsofuse.
I. Support Availability
Zabble shall provide support to Customer during the Term from 9 a.m. to 5 p.m. Pacific Time (“Normal Business Hours”) within the United States, Monday through Friday (and excluding national holidays observed in the U.S.) to handle inquiries from Customer regarding the Zabble Zero™ Platform of products. Zabble shall further have support personnel on call to respond to Priority 1 Problems (as defined below) during working continuously during Normal Business Hours. Zabble support personnel are available by email at support@zabbleinc.com or by telephone at 925-289-9345. Zabble will maintain an adequate staff of trained support representatives and engineers to provide support in accordance with this Exhibit B. Zabble will also provide to Customer such other support services as Zabble provides generally to its other customers to whom it provides the Zabble Platform. During the Term, Customer will have the right to access any online resources, information, registry files, updates and other documentation and tools that Zabble makes generally available to customers on its website. Zabble will promptly provide Customer with any necessary login credentials to access such resources, if available.At Zabble’s sole discretion, Zabble shall make upgrades, updates and enhancements to the Zabble Platform and Zabble App available to Customer when generally available and at no additional charge. For the avoidance of doubt, Zabble reserves the right to offer certain enhancements and optional services for the Zabble Platform and/or the Zabble App for an additional charge, in Zabble’s sole discretion.
II. Error Correction
A. Problem Definition
“Priority 1 Problem” means an issue that critically degrades performance of the Zabble Platform, including without limitation the total unavailability or inoperability of the Zabble Platform, or the unavailability or inoperability of multiple major features or functionalities of the Zabble Platform.
“Priority 2 Problem” means an issue that substantially impedes Customer’s ability to use the Zabble Platform, including without limitation unavailability of significant content on the Zabble Platform, or unavailability or inoperability of a major feature or functionality of the Zabble Platform.
“Priority 3 Problem” means an issue that causes minor impact to Customer, including without limitation unavailability of limited content on the Zabble Platform, or unavailability or inoperability minor features or functionalities of the Zabble Platform.
“Problem” means a Priority 1, 2 or 3 Problem.
“Problem Resolution” means a correction, patch, fix alteration or temporary workaround that eliminates a Problem, restoring the Zabble Platform to the full functionality described in the Agreement and documentation for the Zabble Platform, as well as the availability level set forth in this Exhibit.
B. Zabble Response
Zabble shall monitor the Zabble Platform infrastructure 24 x 7 for any actual or potential Problems. Customer shall provide notice to Zabble of any Problem of which it becomes aware. Zabble shall determine the Priority Level for any Problem in accordance with the above definitions. Zabble will respond to any notice from Customer within the response times set forth below and shall resolve the Problem in accordance with the resolution time frames set forth below.
C. Support Table
III. Availability
Zabble shall ensure that the Zabble Platform is available 99% of the time, calculated on a calendar monthly basis. Percentage availability is determined by number of minutes the Zabble Platform is available during a calendar month as a percentage of the total number of minutes in such calendar month, excluding certain excluded downtime, and is calculated with the following formula: ((total minutes – unplanned downtime – excluded downtime) / (total minutes – excluded downtime)) * 100 ≥ 99%Excluded downtime will include (i) scheduled maintenance for which Customer has received written notice (email or service notice is sufficient) at least 48 hours in advance, (ii) reasons of force majeure, (iii) outages resulting from network service provider outages or Internet outages resulting from failures completely outside the control of Zabble, and (iv) outages resulting solely from Customer’s system or software application failures.
IV. Exclusive Remedy
In the event that Zabble breaches one or more service level obligations under Section II or III of this Exhibit, upon written request from Customer, Zabble shall issue to Customer a credit equal to the subscription Fee payable for the month in which the breach or breaches occurred. For avoidance of doubt, Zabble’s aggregate liability for any and all service level breaches in any calendar month shall be one (1) such credit, and Zabble will not be obligated to pay multiple credits for multiple breaches in such month. Unless otherwise agreed between the parties in writing, Zabble will automatically apply credits against Fees otherwise payable by Customer in the immediately following payment period following the month in which the credit accrued. In the event that, at the end of the Term, any credits remain that have not been applied against fees, Zabble will promptly refund to Customer the amount of such unused credits. Issuance of such credits shall be Customer’s sole and exclusive for any breach of any service level obligation under this Exhibit. Notwithstanding the foregoing, Zabble will have no liability, including providing any of the remedies set forth in this Section IV, if Zabble breaches any obligation of Zabble set forth in this Exhibit during any period in which Customer subscribes to an unpaid trial of the Services.