Service Level Agreement

Last updated May 1, 2023

Trainery One SLA – During the term of the applicable Trainery One subscription service agreement (the “Agreement”), Trainery will use commercially reasonable efforts to make the Covered Service operational and available to Customer at least 99% of the time in any calendar month (the “Trainery SLA”). If Trainery does not meet the Trainery One SLA in a given calendar month, and if Customer complies with and meets its obligations under this Service Level Agreement and the Agreement, Customer will be eligible to receive the Service Credits described below. This Trainery One SLA states Customer’s sole and exclusive remedy for any failure by Trainery Software to meet the Trainery One SLA.

Definitions. The following definitions shall apply to the Trainery One SLA.

• “Covered Service” or “Service” means Trainery One. This does not include any other related Trainery Software services like Trainery API.
• “Downtime” means, subject to the exclusions set forth in this Service Level Agreement, any period of time during which Customer is unable to access the Covered Service due to server side errors or reachability errors attributable to Trainery Software, as determined by Trainery Software’s system logs and other records.
• “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
• “Service Credit” means the following:

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Trainery Software in writing within ten (10) days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit the Customer’s right to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Trainery Software to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen (15) days of Service added to the end of Customer’s term for the Service (or the value of fifteen (15) days of Service in the form of a monetary credit to be issued to Customer’s account for monthly-billing customers only). Service Credits will not be issued as refunds and cannot be exchanged for, or converted to, monetary amounts, except for customers who are on Trainery monthly billing plan.

Scheduled and Unscheduled Maintenance. Any “Scheduled Maintenance” time does not count toward the calculation of Downtime. Scheduled Maintenance is classified as any maintenance on the Covered Service that is communicated to Customer at least two (2) full business days in advance. Scheduled Maintenance may take approximately eight (8) hours per calendar month and is typically performed during non-business hours in the USA. Trainery hereby provides notice to Customer, and Customer acknowledges and agrees, that Scheduled Maintenance will be performed every Thursday from 10:00 PM to 11:00 PM US EST and Sunday 10:00 PM to 12:00 AM US EST.

Trainery will attempt to notify Customer in advance of performing “Unscheduled Maintenance”; provided, however, that Customer acknowledges that Unscheduled Maintenance may be performed without prior notice. Unscheduled Maintenance will be counted as Downtime for the purpose of the Trainery SLA if it meets the definition of Downtime in all other respects.

Trainery One SLA Exclusions. The Trainery One SLA does not apply to any Downtime or other performance issues: (i) caused by a Force Majeure event or other factors outside of Trainery’s reasonable control; (ii) resulting from any act or omission of Customer, including, but not limited to, Customer’s negligence, breach of the Agreement, or failure to use the Covered Service in compliance with the applicable documentation; or (iii) that result from Customer’s equipment or any third-party equipment, or both (not within the primary control of Trainery Software).

Updates/Notice. The current version of this Service Level Agreement may be found online when logged into the application. This Service Level Agreement may be amended by Trainery from time to time in its discretion upon thirty (30) days’ advance notice to Customer. Such notice may be provided to a user designated as an administrator on Customer’s account either: (a) as a note on the screen presented immediately after completion of the login authentication credentials at the login screen, or (b) by email to the registered email address provided for the administrator(s) for Customer’s account.