Service Level Addendum | Formbricks Open Source Experience Management

Service Level Addendum ("SLA")

1. Unless otherwise defined in this SLA, capitalized terms shall have the meaning assigned to them in the Agreement.

1.1 "Availability" means the ratio of actual uptime (i.e., uptime less downtime) to the uptime during which the Software-as-a-Services can be used (including in cases of occurrence of Error Classes 3 and 4 but excluding Error Classes 1 and 2). Availability shall be measured in each case on a monthly basis. Coordinated Maintenance Windows are not taken into account when determining availability, i.e., they have no influence on availability. The following formula applies:

1.2 "Downtime" means the periods of time during which the Software-as-a-Services cannot be used or cannot be used completely due to a failure of Error Class 1 or 2. The respective downtime is calculated as the sum of actual response time and actual recovery time. Downtime in the sense of availability does not include downtime due to (i) Maintenance Windows during which access to the Software-as-a-Services is not possible, (ii) unforeseen maintenance work that becomes necessary, if such work was not caused by a breach of Formbricks' obligations to provide the Software-as-a-Services (e.g., force majeure, in particular unforeseeable hardware failures, strikes, natural events), (iii) from virus or hacker attacks, insofar as Formbricks has taken the agreed protective measures or, in the absence of an agreement, the usual protective measures, (iv) of the Customer's specifications, due to unavailability of the Customer's equipment or due to other interruptions caused by the Customer (e.g., failure of the Customer to cooperate), (v) unavailable or defective third-party services attributable to the Customer (in particular the interfaces (APIs) to connected third-party systems), (vi) the application of urgently needed security patches, and (vii) of errors in Customer applications or due to errors in the Software-as-a-Services triggered by Customer applications or data.

1.3 "Error Classes" means the categorization of the significance of various errors or faults in the Software-as-a-Services into four Error Classes, in which the errors or faults are classified according to their impact on Customer's business processes.

1.3.1 "Error Class 1”: critical malfunction, refers to errors that preclude or make it impossible to use the Software, e.g., the Software-as-a-Services cannot be started.

1.3.2 "Error Class 2”: serious malfunction, refers to errors that significantly impede or severely restrict the use of the software in essential parts, e.g., the complete failure of the communication function of the Software.

1.3.3 "Error Class 3”: moderate malfunction, refers to errors that restrict the functionality of the Software only in partial areas so that use is still possible, e.g., real-time functions do not ensure real-time transmission.

1.3.4 "Error Class 4”: minimal malfunction, refers to errors that do not fundamentally restrict use but rather involve losses in convenience, e.g., speed impairments or display errors.

1.4 "Maintenance Window" means the period of time during which Software-as-a-Services may be taken out of service for maintenance or updates.

1.5 "Operating Hours" means the scheduled times (target time) during which the Software-as-a-Services ordered by Customer can be used. Regular business hours (as specified herein) and Maintenance Windows are within the Operating Hours.

1.6 "Response Time" means the effective period of time between the detection of a malfunction/error report within the scope of the self-test and the start of the work of the body and/or person commissioned by Formbricks to rectify the error, or the receipt of a fault/error report from the Customer by Formbricks on the one hand and the first contact between the office and/or person charged with troubleshooting by Formbricks and the Customer on the other hand.

1.7 "Recovery Time" shall mean the start of the error elimination immediately following the Response Time. The recovery time ends with the successful elimination of the error or, in individual cases, with an objectively reasonable workaround solution.

1.8 "Service Level Credits" means a credit, determined by Formbricks, to be applied against the agreed compensation if Formbricks fails to perform the Software-as-a-Services as agreed this SLA.

1.9 "Times" refers in each case to the time zone of Berlin.

1.10 "Updates" means any modification, enhancement, or improvement made to the Software that is intended to maintain, improve, or expand its functionality, performance, or security. Updates may include bug fixes, patches, minor feature additions, or performance optimizations. Updates are typically provided to ensure the Software remains current with technological advancements and continues to meet the agreed-upon service levels.

2. For each request of Customer, Formbricks shall assign a processing number ("Ticket"). At its own discretion, Formbricks will implement an electronic ticket system for this purpose, which will enable traceability of the status of the processing of the Tickets.

3. Regular business hours are 8:00 a.m. to 5:00 p.m. from Monday to Friday, expect for public holidays in North Rhine Westphalia, Germany.

4. The Software-as-a-Services is provided with an Availability of 95 % per month.

5. Customer shall report to Formbricks any impairments of Availability, errors or other disruptions of which Customer becomes aware. Formbricks will endeavor to eliminate the disruptions without undue delay.

6. Scheduled maintenance window for maintenance work and data backups of the Software-as-a-Services is daily in the time from 0:00 to 2:00. During this time, operation of the Software-as-a-Services may not be possible. Additional Maintenance Windows will be communicated by Formbricks to Customer regarding the intended date (date, start time and scheduled duration) in a timely manner and in any case at least three (3) days in advance.

7. The classification of the errors shall be made by Formbricks in its reasonable discretion with due regard to the impact that the relevant error has on Customer's business operations and the interests of Formbricks. Upon becoming aware of an error through Formbricks' routine self-inspection or notification by the Customer, Formbricks will begin problem analysis and respond to Customer, and if already available, provide information about possible solutions, as follows:

7.1. In the event of a discovery within regular business hours and errors of Error Classes 1 and 2:

7.1.1 Error Class 1: max. 2 hours; from error detection/reporting

7.1.2 Error Class 2: max. 4 hours; from fault detection/notification

7.2 If the error is detected between 6 a.m. and 9 p.m., but outside regular business hours, and if the error is in Error Class 1 or 2:

7.2.1 Error Class 1: max. 4 hours; from error detection/reporting

7.2.2 Error Class 2: max. 8 hours; from error detection/reporting

7.3 If the error of Error Classes 1 and 2 is detected between 9 p.m. and 6 a.m.:

7.3.1 Error Class 1: max. 4 hours; starting at 6 a.m.

7.3.2 Error Class 2: max. 8 hours; starting at 6 a.m.

7.4 For errors of Error Classes 3 and 4

7.4.1 Error Class 3: max. 2 hours; from start of regular business hours

7.4.2 Error Class 4: max. 4 hours; from start of regular business hours

8. The following recovery times are deemed agreed for Software-as-a-Services:

8.1 Error Class 1: 12 hours

8.2 Error Class 2: 1 working day

8.3 Error Class 3: 20 working days

8.4 Error Class 4: with the next update

9. The following recovery times are deemed agreed for On-Premise Software. Recovery in terms of On-Premise Software means the provision of an updated Version of the Software:

9.1 Error Class 1: 1 working day

9.2 Error Class 2: 3 working days

9.3 Error Class 3: 20 working days

9.4 Error Class 4: with the next update

10. All error and fault reports from Customer must be adequately described and contain the following information in particular, (i) comprehensible description of the error or fault, (ii) time of the fault or malfunction, (iii) information on the IT system used by Customer, (iv) non-binding proposal for the classification of the fault or malfunction, and (v) designation of a qualified contact person of Customer, including contact possibility.

11. All error and fault reports detected by Customer shall be submitted immediately to Formbricks via one of the following means of communication:

11.1 Email: Shared on request.

11.2 Phone: Shared on request.

11.3 Ticket system: Shared on request.

12. Formbricks shall deliver Updates to the Software on a regular basis to ensure optimal functionality, performance, and security. Updates shall be provided at least 6 times per year ("Update Frequency"), or as necessary to address critical issues, vulnerabilities, or compliance requirements. The Provider will notify the Customer in advance of any scheduled Updates, including details of the changes and potential impacts on service availability. The Provider will make reasonable efforts to minimize disruption during the implementation of Updates. Emergency Updates may be deployed without prior notice to address urgent security or operational issues.

13. Customer will create all technical conditions and grant access necessary for the provision of services by Formbricks.

14. To the extent Formbricks fails to provide the services under this SLA as agreed, Formbricks will provide Service Level Credits to Customer in accordance with the following.

14.1 In order to receive Service Level Credits, Customer must submit a notice of noncompliance to Formbricks within 24 hours using contact options provided in Section 11. Formbricks will issue Service Level Credits only if Formbricks can verify the notice of noncompliance.

14.2 Service-Level Credits are charged as part of the billing for the following billing period. Service Level Credits cannot be paid out.

14.3 The maximum amount of eligible Service-Level Credits is limited to 25% of each billing period.

14.4 Service-Level Credits granted by Formbricks shall be credited against any further claims of the Customer.

14.5 If the Software-as-a-Services fails to meet the agreed Availability, Formbricks shall grant Service Level Credits for each 0.1 % deviation from the agreed availability for that period in the amount of 0.1 %, of the agreed remuneration for that period, but in total not more than 20 % of the agreed remuneration for that period.

14.6 If Formbricks exceeds the agreed upon response time, Formbricks will grant Service-Level Credits for each 1 hour(s) overrun equal to 0.1 % of the agreed upon compensation for that period, but not to exceed a total of 5 % of the agreed upon compensation for that period.

14.7 If Formbricks exceeds the agreed upon recovery time, Formbricks will grant Service-Level Credits for each 2 hour(s) overrun equal to 0.1 % of the agreed upon compensation for that period, but not to exceed a total of 5 % of the agreed upon compensation for that period.