Policy Document
Service Levels & Support Policy
Incorporated by reference into all paid agreements
Incorporated by reference into all paid agreements
This Service Levels & Support Policy (this "Policy") is incorporated in and governed by the terms of a customer's agreement with 365Agents, Inc. ("365Agents") for access to and use of the 365Agents online platform for AI voice and text agents (the "Agreement"). This Policy encompasses all support obligations 365Agents has in connection with the Customer's use of the Services (as defined in the Agreement). The Support Services begin as of the date specified in the applicable Agreement, Order, statement of work, or other applicable document and continue for the Support Period.
In this Policy, "Customer" means the party that has entered into an Agreement with 365Agents (whether a direct customer under the MSA or a Reseller under the Reseller / White-Label Agreement). 365Agents provides Tier 1 support directly only to the contracting party; Resellers are responsible for first-line support to their Buyers and may escalate Tier 2 / Tier 3 issues to 365Agents.
365Agents offers the following channels for Support Requests:
| Channel | Detail | Hours |
|---|---|---|
| support@365agents.com | 24×7 ingest; response per Service Levels during Support Hours | |
| Phone | During Support Hours | |
| Customer Portal | https://app.365agents.com/support | 24×7 ingest |
| Critical / Sev 1 hotline | 24×7 |
365Agents will perform all Support Services during the Support Hours throughout the Support Period in accordance with this Policy and the Agreement, including the Service Levels and the other obligations set forth in this Section 3.
365Agents provides direct ("Tier 1") support only to the party that has purchased the Services from 365Agents, and not to subsequent purchasers, Buyers, or end users other than Customer's Representatives.
365Agents will: (a) respond to and Resolve all Support Requests in accordance with the Service Levels; and (b) provide email and telephone support to Customer during Support Hours through Customer's specified Technical Contact.
The parties may, on a case-by-case basis, agree in writing to a reasonable extension of the Response Times.
Upon mutual written agreement, 365Agents may provide support for Out-of-Scope Services subject to additional fees.
Response Times are measured from receipt of a Support Request until 365Agents has provided a Response (acknowledgment plus assignment of technical personnel). 365Agents will use commercially reasonable efforts to promptly Resolve each Error. Actual Resolution time depends on the nature of the Error.
| Tier | Severity | Definition | Response Time |
|---|---|---|---|
| 1 | Critical | A system-wide outage where the Services' usage is severely impacted and no workaround is available. The issue may severely limit operations for more than 10% of users. | Respond within 1 hour during Support Hours, or by 9:00 a.m. ET the next Business Day if reported outside Support Hours. |
| 2 | High | The reported issue affects key functionality and no workaround is available. Other product features remain functional. | Respond within 4 hours during Support Hours, and shall diligently pursue a Resolution. |
| 3 | Medium | The issue affects fewer than 10% of users, and/or a workaround is available. The Services remain functional. Includes provisioning/change-management requests, enhancement requests, common how-to questions, and product issues with viable workarounds. | Respond within 1 Business Day. |
| 4 | Low | A reported issue with limited business impact, not critical in nature, or with no significant impact to Customer. | Respond within 3 Business Days. |
Tier numbering corrected in v1.1: prior version had two rows labeled "3."
365Agents will use commercially reasonable efforts to make the 365Agents Platform available 99.5% of the time during a calendar month (the "Service Level Target"). "Uptime Availability" is calculated as: (Total Minutes in Calendar Month – Total Minutes the Services were Completely Unavailable) ÷ Total Minutes in Calendar Month, expressed as a percentage.
The following are excluded from Uptime Availability calculations: (a) planned outages for maintenance (provided 365Agents has given Customer prior reasonable notice or such maintenance occurs in a published maintenance window); (b) outages caused by Customer's, Customer's Buyers', or end users' acts or omissions, including misuse, modification of the Services, or malfunction of Customer hardware, networks, or IT assets; (c) Force Majeure Events; (d) outages of the Internet or third-party Providers outside 365Agents' reasonable control; or (e) suspensions permitted under the Agreement.
If 365Agents fails to meet the Service Level Target in a calendar month, Customer is entitled to a service credit ("Service Credit") against the monthly recurring Fees attributable to the affected Service for that month:
| Monthly Uptime Availability | Service Credit |
|---|---|
| ≥ 99.5% | 0% — Service Level Target met |
| < 99.5% and ≥ 99.0% | 5% of monthly recurring Fees for the affected Service |
| < 99.0% and ≥ 98.0% | 10% of monthly recurring Fees for the affected Service |
| < 98.0% and ≥ 95.0% | 25% of monthly recurring Fees for the affected Service |
| < 95.0% | 50% of monthly recurring Fees (maximum) |
Total Service Credits in any calendar month will not exceed 50% of the monthly recurring Fees attributable to the affected Service.
To claim a Service Credit, Customer's Technical Contact must submit a written claim to support@365agents.com within thirty (30) days after the end of the calendar month in which the failure occurred, including (a) the dates and times of the unavailability and (b) reasonable detail. 365Agents will validate the claim against its monitoring records and apply approved credits to the next invoice. Service Credits are Customer's sole and exclusive monetary remedy for failure to meet the Service Level Target, except for the chronic-failure termination right in the Agreement.
If 365Agents fails to meet the Service Level Target for three (3) consecutive calendar months or any four (4) calendar months in a rolling twelve-month period, Customer may terminate the affected Order without penalty by giving written notice within thirty (30) days of the qualifying failure (Section 11.3 of the MSA / Section 7.3 of the Reseller Agreement).
Customer may submit Support Requests through any channel in Section 2. Each Support Request must include a description of the reported Error, when Customer first observed it, and (where applicable) reproduction steps. 365Agents will classify each Support Request by tier in accordance with Section 4.
Customer shall designate in writing one or more Technical Contacts who will act as the primary liaison(s) with 365Agents.
Customer, through its Technical Contact, shall provide 365Agents with: (a) prompt notice of Errors; (b) sufficient information to reproduce the Error, including outputs, logs, screenshots, and other data (each of which is Customer's Confidential Information under the Agreement); (c) on Customer's request and 365Agents' agreement, remote access to Customer Systems subject to Customer's security and encryption requirements communicated in writing; and (d) other reasonable cooperation 365Agents may request.
Customer acknowledges and agrees that information shared by 365Agents pertaining to this Policy, including Support Requests and Resolution details, is 365Agents' Confidential Information as defined in the Agreement.
365Agents may update this Policy from time to time and will post the current version at https://365agents.com/legal/sla. 365Agents will not materially diminish the protections set forth in this Policy as of a Customer's Effective Date during the then-current Subscription Term.
