Version 04 17/07/2024


This service level agreement (“Service Level Agreement” or “SLA”) is provided by Peak AI Limited ( “we,” “us” or “our”) to our customers (“you” or “your”) in relation to your access to our Artificial Intelligence platform (“Peak”) and any other Services which we may provide to you, each of which is governed by: (i) an Order Form; and (ii) the Subscription Agreement (collectively, “the Agreement”). 

Any defined terms used in this Service Level Agreement shall have the same meaning given to them in the Agreement, unless the context requires otherwise. 


1. DEFINITIONS AND INTERPRETATION‎    

In this Service Level Agreement, the following words and expressions have the following meanings:

“Critical Unscheduled Maintenance” 

maintenance which is not Qualified Scheduled Maintenance but is required in the event of an emergency or security or time critical matter relating to Peak which is, or is reasonably likely to, adversely impact Users and/or their use of the Software or data 

“Downtime”

any time during which Peak is not available (see paragraph ‎5)

“Excusable Downtime”

Downtime resulting from any of the causes set out in paragraph 5 

"Incident"

has the meaning set out in paragraph ‎3.1

"Non-Excusable Downtime"

all Downtime other than Excusable Downtime

"Peak Availability" 

is expressed as a percentage and calculated by the formula        (T-D) / T  where:

"T" means the total number of minutes in the respective calendar month; and

"D" means the total number of minutes of Non-Excusable Downtime in the respective month

"Qualified Scheduled Maintenance"

scheduled maintenance between 6.00 pm and 10.00 pm (UK local time) on the fourth Wednesday of each month, or any other time for which we provide you with at least four (4) weeks’ notice, such time period not to exceed more than four (4) hours in a calendar month

“Support Hours”

those support hours designated in your contracted Support Tier, as outlined in Appendix A at Table 1 


2. MEASUREMENT OF PEAK AVAILABILITY 

2.1 We will use reasonable efforts to maintain Peak Availability of 99.95%.

2.2 You will notify us as soon as practicable upon becoming aware of any Downtime in Peak.

2.3 Peak Availability will, by default, be determined by reference to your ability to log in to the Platform. 

3. INCIDENT DEFINITION

3.1 You shall report any issue or problem with Peak (“Incident”) to us through one of the methods outlined in the Peak Support Guide at Appendix B.

3.2 Incidents will be categorised by us, in our reasonable opinion at the time each Incident is reported, in accordance with the ‘Incident Severity Descriptions’ at Table 2 in Appendix A. We may subsequently change the priority of an Incident, if in our view it is reasonable to do so.

3.3 When acknowledging the Incident, we will assign an Incident number which you must quote in all related communications thereafter.

4. YOUR RESPONSIBILITIES IN RELATION TO THE SLA

You agree to comply with the following obligations:

4.1 Customer will provide first level support to its Users via phone and second level support requiring training or guidance;

4.2 Before reporting a problem to us, you shall perform first level problem determination to confirm that the problem experienced by you is not connected with your applications or local area network.;

4.3 If you are unable to confirm the root cause or determine that the problem is related to Peak, we require as a prerequisite, a sufficient description of the problem in order to properly conduct troubleshooting. To that end, your authorised contact for this SLA must report:

4.3.1 when the problem started;

4.3.2 a description of the symptoms; and

4.3.3 any other pertinent information related to the problem.

4.4 You agree to provide all reasonable assistance to cooperate with our personnel during the troubleshooting.

4.5 You agree to notify us (as soon as practicable after becoming aware) if the Incident is solved or if the Incident has been located on hardware/software which we have not provided. 

5. EXCUSABLE DOWNTIME

5.1 Qualified Scheduled Maintenance;

5.2 Critical Unscheduled Maintenance; 

5.3 Force Majeure Events and viruses;

5.4 improper use (including use otherwise than in accordance with this SLA and the Agreement) or changes to the Software made by you or any of your Group Companies;

5.5 any act or omission (including negligence or wilful misconduct) by you or any of your Group Companies or Users or any person for whom you are responsible which prevents us from providing you access to Peak;

5.6 Incidents caused by work, changes or alterations which you have made, or caused by your abuse, negligence, malicious acts or omissions or fraud by your Representatives;

5.7 your request that we postpone troubleshooting;

5.8 your failure to comply with "Your responsibilities in relation to the SLA” as outlined in paragraph ‎4 above which results in a time delay;

5.9 the failure of equipment, telecommunications systems, hardware or software that is not provided by us including your host systems, web sites, firewalls, databases or any other of your systems required to interact with Peak; and/or

5.10 disconnection or suspension of Peak by us pursuant to a right to do so under the Agreement; and/or

5.11 a failure of the hosting infrastructure to the extent not caused by us; and/or

5.12 a failure resulting from the performance of third party service providers, not within our control; telecommunications network providers, the internet, mobile operator networks, mobile data service, SMS providers, payments providers, your software systems and push notification providers and third party suppliers to us including third party supplier products.