Evidence.com Service Level Agreement

Last Updated: July 6th, 2016

This Service Level Agreement (SLA) is a policy governing the use of the Evidence.com™ Service Offerings (Service Offerings) under the terms of the Evidence.com Master Service Purchasing Agreement (MSPA) between Axon Enterprise (Axon, us or we) and users of Service Offerings (you). This SLA applies separately to each agency account using the Service Offerings. Unless otherwise provided in this SLA, this SLA is subject to the terms of the MSPA and capitalized terms have the meaning specified in the MSPA. We reserve the right to change the terms of this SLA in accordance with the MSPA. By using the Evidence.com Service Offerings you agree that you have read and understand this SLA and you accept and agree to be bound by the following terms and conditions. We may occasionally update this SLA. When we post changes we will revise the "last updated" date at the top of this page. If there are adverse material changes to this SLA we will notify you by directly sending you a notification. In the event of a conflict between the terms of any agreement(s) between you and Axon and this SLA, the terms of those agreement(s) will control.

Definitions

  • “Downtime” are periods of time, measured in minutes, in which the Service Offering is Unavailable to you. Downtime does not include Scheduled Downtime and does not include Unavailability of the Service Offering due to limitations described in Exclusions
  • “Incident” a period of time in which you experience Downtime
  • “Maximum Available Minutes” is the total accumulated minutes during a Service Month for the Service Offering
  • “Monthly Uptime Percentage” is (Maximum Available Minutes - Downtime) / Maximum Available Minutes * 100
  • “Scheduled Downtime” are periods of time, measured in minutes, in which the Service Offering is unavailable to you and in which the period of time falls within scheduled routine maintenance or planned maintenance timeframes
  • “Service Month” is a calendar month at Coordinated Universal Time (UTC)
  • “Unavailable” and “Unavailability” is when the Service Offering does not allow for the upload of evidence files, viewing of evidence files or interactive login by an end-user.

Service Level Objective

We will use commercially reasonable efforts to make the Service Offerings available 99.99% of the time.

Guaranteed Service Level & Credits

If we fail to make the Service Offering available to the defined Monthly Uptime Percentage availability levels, you may be entitled to Service Credits. Service Credits are awarded as days of Service Offering usage added to the end of the Service Offerings subscription term at no charge to you.

Monthly Uptime PercentageService Credit in Days
Less than 99.9%

3

Less than 99.0%

7

Requesting Service Credits

In order for us to consider a claim for Service Credits, you must submit the claim to Axon Customer Support including all information necessary for us to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Incident; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.

Service Maintenance

  • Maintenance will take place according to our prevailing Maintenance Schedule.
  • Maintenance periods may periodically result in the Service Offerings being Unavailable to you. Downtime falling within Scheduled Routine or Planned maintenance is Scheduled Downtime and is not eligible for Service Credits.
  • Emergency maintenance may have less than a 24-hour notification period. Emergency maintenance may be performed at any time, with or without notice as deemed necessary by us. Emergency maintenance falling outside Scheduled Routine or Planned maintenance is eligible for Service Credits

Terms

We must receive the claim within one month of the end of the month in which the Incident that is the subject of the claim occurred. For example, if the Incident occurred on February 12th, we must receive the claim and all required information by March 31st.

We will evaluate all information reasonably available to us and make a good faith determination of whether a Service Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty five (45) days of receipt. You must be in compliance with all Axon agreements in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to the end of your Service Offering subscription term. Service Credits may not be exchanged for or converted to monetary amounts.

Exclusions

The Service Level Agreement does not apply to any unavailability, suspension or termination of the Service Offerings, or any other Evidence.com performance issues: (a) caused by factors outside of our reasonable control, including any force majeure event, terrorism, sabotage, virus attacks, or Internet access or related problems beyond the demarcation point of the Service Offerings (including Domain Name Server issues outside our direct control); (b) that result from any actions or inactions of you or any third party; (c) that result from your communication delays, including wrong, bad or missing data, improperly formatted, organized or transmitted data received from you, or any other data issues related to the communication or data received from or through you; (d) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (e) that result from any maintenance as provided for pursuant to this SLA; or (f) arising from our suspension and termination of your right to use the Service Offerings in accordance with the MSPA.