SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) is an addendum to the Panther Enterprise Subscription Agreement (the “Agreement”) and defines the service levels that Panther Labs, Inc. (“Panther Labs”) will endeavor to provide for the maintenance and support of the Application (“Service”). Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Agreement. Panther Labs reserves the right to modify the scope of the maintenance and support of the Service; provided, however, Panther Labs shall provide Customer written notice. For clarification purposes, this SLA shall only apply to Customers who have purchased the Service directly from, and who have entered into the Agreement directly, with Panther Labs.
- Primary Coverage Hours. Panther Labs will make staff available for Application Administration between 9:00 am to 5:00 pm Pacific Time (PT), Monday through Friday. Additionally, Panther Labs will make commercially reasonable efforts to provide Application Administration during non-business hours and on weekends.
- Application Administration. Panther Labs will provide the following during the applicable Subscription Term in accordance with this SLA:
- Technical Support. Assist Customers during Primary Coverage Hours to identify, analyze, and resolve challenges with the Service.
- Service Management. Security monitoring, change control, problem management, and escalation procedures.
- Application Administration. Installation and system setup, support, monitoring, response, repair, tuning, and capacity planning.
- Data backup and retention. Backups of Customer Data stored within the Service
- Service Scope
- Application Availability. Panther Labs will make commercially reasonable efforts to ensure the Application is capable of being reasonably accessed and used at all times during the Subscription Term except during Scheduled Maintenance (as defined in Section 4).
- Exclusions from Application Availability. The availability of the Application and Panther Labs’s obligations with respect to the other service measures set forth herein may be subject to limitations, delays, and other problems inherent to the general use of the Internet and other public networks, or caused by Customer, Users, or third parties including underlying cloud services provider(s) like Amazon Web Services (AWS). Panther Labs is not responsible for any delays or other damage resulting from problems outside of Panther Labs’s control; however, Panther Labs is responsible for the conduct of its third-party agents and contractors.
- Issue Resolution. If the Application is not accessible as specified in Section 3.1 (an “Issue”) Panther Labs and Customer will comply with the following resolution procedures for all Issues reported by Customer:
- Reporting an Issue. Customer may report an Issue through the Panther Labs Support Portal or Chat. When reporting an Issue, Customer will include a detailed description of the Issue.
- Issue Classification. When reporting an Issue, the severity of the Issue will be classified based on the impact to Customer's business operations in accordance with the severity classification table below.
- Response Time. Panther Labs will use reasonable efforts to respond to Customer's reported Issues within the Primary Coverage Hours and within the timeframe designated below.
Severity Level Definition Response Time p0 The entire service is inaccessible or unusable. 1 Hour p1
The issue causes a significant loss of service or is a significant error.
The impact is an inconvenience that may require a workaround to restore functionality or is a minor error, incorrect behavior, or a documentation error that does not impede the operation of a system.
4 Hours p2
The issue causes a minor reduction of service or is a minor error.
The impact is an inconvenience that may require a workaround to restore functionality or is a minor error, incorrect behavior, or a documentation error that does not impede the operation of a System.
24 Hours p3 Minor defects and errors that do not impede system operation in a normal manner. 48 Hours
- Maintenance. Panther Labs periodically repairs and upgrades the Service and shall use commercially reasonable efforts to accomplish this without affecting the Customer’s access to the Service; however, repairs of an emergency or critical nature may result in the Service not being available for the Customer’s usage during the course of such repairs. Panther Labs reserves the right to conduct routine maintenance to the Service according to the following protocols:
Item Description Commitment Scheduled Maintenance Routine, scheduled maintenance performed as needed between the hours of 10 PM and 4 AM Pacific Time (“Maintenance Window”). Panther Labs will use commercially reasonable efforts to notify Customer before performing such Maintenance. Preventative Maintenance Non-scheduled maintenance that needs to be promptly conducted. Panther Labs will use commercially reasonable efforts to notify Customer before performing such Maintenance. Emergency Maintenance Non-scheduled maintenance required to be performed immediately. Panther Labs will use commercially reasonable efforts to notify Customer before performing such Maintenance.
- Compatibility with New Third Party Software. Customer consents and acknowledges that prior to adding new third-party software, the Customer is solely responsible to verify and ensure that such third-party software is compatible with their current or future versions of the Service. Panther Labs will not be responsible for any failures or malfunctions resulting from such upgrade, change, or addition of third-party software.
- Customer Responsibilities
- Trained Contacts. Customer will designate at least two (2) individuals within Customer’s organization to serve as primary contact with regards to Customer’s Service (“Primary Technical Contact”). Primary Technical Contact should have sufficient technical knowledge of Customer’s Application environment to enable effective communication with Panther Labs.
- Reasonable Assistance. Customer will provide Panther Labs with (i) reasonable access to all necessary personnel to answer questions regarding Issues reported by Customer, and (ii) all relevant and available diagnostic information (including product or system information). In addition, Customer will make reasonable efforts to fix Issues identified during troubleshooting.
- Availability. Panther Labs shall make the Services (defined herein) available 99.9% of the time, except as provided below. “Covered Services” means AWS Lambda, AWS Athena, AWS S3, AWS Glue, AWS SQS, AWS DynamoDB, AWS SNS, AWS Cognito, AWS ECS. Availability for Covered Services will be calculated per calendar month, as follows:
- “total” means the total number of minutes in the calendar month;
- “non-excluded” means downtime that is not excluded; and
- “excluded” means:
- Any downtime during planned maintenance (not to exceed 10 hours in any calendar month) for which Panther Labs gives 2 business days or more hours’ notice in accordance with the Agreement or via the Panther Labs shared slack channel.
- Any unavailability caused by circumstances beyond Panther Labs’ reasonable control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Panther Labs employees), third-party Internet Panther Labs failures or delays (other than those Internet Suppliers under contract with Panther Labs), 1.1. Amazon Web Services (“AWS”) outages in Customer’s specific region or that otherwise affect Panther Labs’ ability to provide the Services, or unavailability caused by Customer’s conduct or error.
- Dropped logs, provided the Covered Services meet the 99.9% or other applicable availability amount.
Notwithstanding the foregoing, for any availability that is reliant on AWS, availability shall be calculated based on the applicable availability providedb AWS with the same exclusions above.
For any partial month during which Customer subscribes to the Services, availability will be calculated based on the entire month, not just the portion for which Customer subscribed.
- Service Availability Remedies. Should Panther Labs fail to make the Services available as set forth above, Customer may continue to use the Services but receive a refund of 1/30th the monthly fee for each day the service is affected by making a claim in writing to Panther Labs as described below. All claims of unavailability will be verified against Panther Labs’ system records. Should Panther Labs dispute any period of unavailability alleged by Customer, Panther Labs will provide to Customer a record of Services availability for the applicable period.
- Reporting, Claims and Notices. Panther Labs will provide Customer SLA reports showing Services availability upon Customer request and at most once per calendar year. To claim a remedy under this SLA, Customer shall send Panther Labs a notice, via email addressed to firstname.lastname@example.org within 15 business days after the end of each calendar quarter. Claims may be made on a calendar-quarter basis only and must be submitted within 20 business days after the end of the applicable quarter, except where a Services subscription ends on a date other than the last day of a calendar quarter, in which case any claim related to that subscription must be submitted within 20 business days after the subscription end date. All claims will be verified against Panther Labs’ system records. Should Panther Labs dispute any period of unavailability alleged by Customer, Panther Labs will provide to Customer a record of Services availability for the applicable period. Panther Labs will provide such records only in response to claims made by Customer in good faith.
- Limitation of the SLA. The scope of coverage under this SLA expressly excludes the following:
- Data migration
- Technical support, consultation, or problem resolution pertaining to software or applications other than those supplied by Panther Labs and described in this Agreement
- Resolution of problems resulting from the negligence of users of the Service, including specifically incorrect data entry, use of altered data, and failure to use the Service according to the Documentation