UserTesting shall provide technical support services to Customer by email. UserTesting shall respond during business hours (3:00pm Pacific Time on Sunday through 10:00pm Pacific Time on Friday, excluding holidays) to any Customer request for support in connection with an error or outage of the Platform that is made through UserTesting’s designated email: support@usertesting.com, and shall use continuous, reasonable best efforts to remediate any material error or outage of the Platform (i.e. enabling the Platform unusable) as soon as possible. 

UserTesting shall provide technical support services to Customer by email, web chat, and phone. UserTesting shall respond during business hours (3:00pm Pacific Time on Sunday through 10:00pm Pacific Time on Friday excluding holidays) to any Customer request for support in connection with an error or outage of the Platform that is made through UserTesting’s designated email: support@usertesting.com, and shall use continuous, reasonable best efforts to remediate any material error or outage of the Platform (i.e. enabling the Platform unusable) as soon as possible. 

UserTesting shall ensure that the UserTesting Services are available to Customer 99.9% of the time in any calendar month. UserTesting shall provide technical support services to Customer by email, web chat, and phone. UserTesting shall respond within one (1) hour during business hours (3:00pm Pacific Time on Sunday through 10:00pm Pacific Time on Friday, excluding holidays) to any Customer request for support in connection with an error or outage of the Platform that is made through UserTesting’s designated email: support@usertesting.com), and 

shall use continuous, reasonable best efforts to remediate any material error or outage of the Platform (i.e. enabling the Platform unusable) as soon as possible. In the event that a material error or outage for any reason persists for five (5) or more days upon Customer’s notification to UserTesting of such material error or outage, it shall be considered a material breach and Customer may terminate the Agreement or Order upon written notice (but without any additional cure period).  If the Services are not available, Customer may be eligible to receive the Service Credits described below (the "UserTesting Uptime SLA").

Definitions. The following definitions shall apply to the UserTesting Uptime SLA.

• “Downtime” means, for the Platform, if there is more than a five percent user error rate and Customer experiences and reports an error within one (1) day of the error.  User error is calculated using UserTesting selected site monitoring software, based on results from ping tests, web server tests, TCP port tests, and website tests. Downtime is measured based on Platform error rate.  Downtime will not include U.S. Bank Holidays, weekends, or the period from 10:00 PM to 3:00AM PST. 

• “Downtime Period” means, for the Platform, if a period of ten consecutive minutes of Downtime occurs.  Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.

• “Monthly Uptime Percentage” means the total number of minutes in the calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in the calendar month, divided by the total number of minutes in the calendar month.

•  “Scheduled Downtime” means those times where UserTesting notifies Customer of periods of Downtime prior to the commencement of such Downtime.  There will be no more than twelve (12) hours of Scheduled Downtime per calendar year.  Scheduled Downtime is not considered Downtime for purposes of this UserTesting Uptime SLA, and will not be counted towards any Downtime Periods.

• “Services” means the Tests provided to Customer on the applicable Order or Statement of Work between Customer and UserTesting. 

• "Service Credit" may be provided according to the following schedule:

  • One week Credit: Includes Seven (7) days of Services added to the term of the applicable Order or Statement of work, at no charge to Customer, if the Monthly Uptime Percentage for any calendar month is between 99.9% and 97.0%;

  • Two week Credit: Includes Fourteen (14) days of Services added to the term of the applicable Order or Statement of work, at no charge to Customer, if the Monthly Uptime Percentage for any calendar month is between 97.0% and 95.0%;

  • One month Credit: Includes Thirty (30) days of Services added to the term of the applicable Order or Statement of work, at no charge to Customer, if the Monthly Uptime Percentage for any calendar month is less than 95.0%.

  • Right to terminate: In the event the Monthly Uptime Percentage for any calendar month is less than 90.0%, Customer will have a right to terminate the applicable Order or Statement of Work with seven (7) days written notice to UserTesting, or alternatively Customer may opt to procure the One month Credit outlined above.

Unit-Based Subscriptions: In the event a Customer Order involves the provision of credits, points or other units required to launch Tests (“Units”), Customer shall, in addition to the Service Credits stated above, be credited a proportionate amount of Units to be added to the applicable Order at no additional cost. By way of example, if Customer is entitled to a One-month credit (detailed above), Customer shall also be entitled to one twelfth (1/12) of the annual allotted Units (if applicable) as an additional credit for use during the extended term of the Order.

 Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify UserTesting by email or otherwise in writing within five (5) business days from the time Customer becomes eligible to receive a Service Credit.

 Maximum Service Credit. The aggregate maximum number of Service Credits Customer may claim for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty days of Services added to the end of Customer’s Order or Statement of Work. Service Credits may not be exchanged for, or converted to, monetary compensation.

Uptime SLA Exclusions. The Uptime SLA does not apply to any performance issues: (i) caused by factors outside of UserTesting's reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; or (iii) that resulted from Customer equipment and/or third party equipment (not within the primary control of UserTesting). This UserTesting SLA states Customer sole and exclusive remedy for any failure by UserTesting to provide the Services as a result of Downtime.