Support Policy

RealTheory Support is bundled with RealTheory Cloud Products and Services and outlined in the applicable order. Your purchased offerings may include support. Service Level Agreements (SLAs) are only offered in the Enterprise Support Plan. All other Support Plans are provided support in accordance with this Support Policy and the following table outlining our internal guidelines for supporting each customer according to their selected and active account plan.

RealTheory provides a 99% Uptime Commitment (SLA) for all customers on the Enterprise Support Plan. If we fall short of our Uptime Commitment and your RealTheory environment is affected, when requested we will apply a Service Credit to your account for future use. Although RealTheory strives to provide every customer with the same level of uptime, it is only guaranteed at the Enterprise Support Plan level.

To view the most up to date pricing and support coverages, please view the Support Plans page.

Enterprise Support Plan – Uptime Commitment & Service Credits

Customers on the Enterprise Support Plan include our Uptime Commitment and Service Credits. Unless otherwise noted in an applicable order, these terms only apply to the Enterprise Plan exclusively and all other Service Plans are provided as-is with no guarantees for Uptime. Although there are no guarantees for our other plans RealTheory remains committed to providing the best service possible for every one of our customers.

Uptime Commitment

If you purchased the Enterprise Support Plan, Subject to the Service Unavailability Exclusions, if we do not meet the Uptime Commitment, you will be eligible to receive a Service Credit. Uptime is the percentage of total possible minutes RealTheory was available during a calendar month. Our commitment is to maintain at least 99% Uptime as calculated by:

([(total minutes in month - Service Unavailability) / total minutes in month]*100)% > 99%

Service Unavailability

Service Unavailability is the overall number of minutes RealTheory was unavailable during a calendar month.

Service Unavailability excludes the following:

• Slowness or other performance issues with individual features

• Issues that are related to external apps or third parties

• Issues with RealTheory APIs

• Any products or features identified as pilot, alpha, beta, or similar No-Charge Products.

• External network or equipment problems outside of our reasonable control, such as bad routing tables between your internet service provider (ISP) and our server

• Scheduled Downtime for maintenance. Sometimes we need to perform maintenance to keep RealTheory working smoothly. If scheduled downtime is necessary, we will give you advance notice.

• Force Majeure. Where the RealTheory Services was unavailable due to an incident that was not within the control of RealTheory including unavailability caused by acts of God, acts of government, insurrection, war, riot, global health emergency, disease outbreak, explosion, nuclear incident, fire, flood, earthquake, global pandemic, unavailability of telecommunications and internet service due to the general unavailability of telecommunication or internet service provider’s systems or other catastrophic events beyond the reasonable control of RealTheory.

• Unavailability (a) resulting from Customer’s and/or a third party’s software, network, links, products, services, widgets, apps, integrations, hardware or other equipment; (b) resulting from Customer’s or anyone on its behalf use of the Service in violation or in a manner not authorized in the Agreement; and/or (c) resulting from a Distributed Denial of Service (DDoS) attacks and/or other unlawful activity.

Exclusions for Third-Party Services and Customer Environment:

RealTheory is not liable for any interruptions, failures, or downtime of the RealTheory Services that result directly or indirectly from issues within the infrastructure of third-party cloud service providers or from configurations, malfunctions, or other issues arising within the customer's own computing environment. This includes, but is not limited to:

• Downtime caused by outages at data centers, network failures, bandwidth limitations, or other infrastructural issues managed by third-party cloud service providers whose services are essential to the hosting and functioning of RealTheory's SaaS product.

• Interruptions resulting from the customer-side hardware failures, software bugs, improper setup, or misconfigurations that impact the connectivity or functional capabilities of RealTheory’s services.

• Unavailability of telecommunications and internet services caused by the general unavailability of telecommunication or internet service provider’s systems, which are critical to accessing RealTheory’s services.

Clients are encouraged to maintain their equipment and software according to recommended standards and ensure that their data is adequately backed up. RealTheory shall not be responsible for any downtime affecting service availability that arises from these external dependencies, and such incidents do not qualify for SLA credits or other compensations.

Service Credits

Solely to the extent Customer is not in breach of the Agreement, as a remedy for Service Unavailability as defined above, upon Customer request, RealTheory shall credit Customer’s Account with the applicable credit percentage in accordance with the applicable Monthly Uptime Percentage as set forth in the following table (“Service Credit”). “Monthly Uptime Percentage” is defined as the number of Service Unavailability minutes out of the total minutes in the relevant calendar month.

Monthly Uptime PercentageCredit PercentageLess than 99% but greater than or equal to 95%5%Less than 95% but greater than or equal to 90%10%Less than 90% but greater than or equal to 85%15%Less than 85%20%

The Service Credit shall be calculated by multiplying the applicable credit percentage as shown in the table above (“Credit Percentage”) by: (i) the monthly fees payable by Customer to RealTheory in the month in which the Service Unavailability has occurred (if Customer has a monthly Enterprise Subscription Plan); or (ii) by 1/12 of the annual fees payable by Customer to RealTheory (if Customer has an annual Enterprise Subscription Plan). Service Credits do not apply to any annual licenses purchased by Customer, they are strictly applied to the monthly consumption fees incurred by the Customer.

RealTheory will apply a Service Credit only against Customer’s future payments obligations otherwise due from Customer under the Agreement (whether for the Subscription Fees or for any Upgrade). A Service Credit will not entitle Customer to any monetary refund by RealTheory. Service Credits may not be transferred or applied to any other account or product. Service Credits are not refunds, cannot be exchanged into a cash amount, are capped at a maximum of 30 days of paid service, require you to have paid any outstanding invoices and expire upon termination of your customer contract.

To receive a Service Credit, Customer’s Administrator shall submit to RealTheory a detailed Service Credit request via Support@RealTheory.io within thirty (30) days following the Service Unavailability incident (“Timeframe”). Customer’s failure to provide the request within the Timeframe will disqualify Customer from receiving a Service Credit.

The aggregated maximum number of Service Credits to be issued by RealTheory to Customer in a single calendar month will not exceed 100% of the amount invoiced for the affected Service in that invoice billing period. Service Credits are the sole and exclusive remedy for any failure by RealTheory to meet its obligations under this SLA.

Service Unavailability does not affect everyone at the same time or in the same way. For example, some accounts may receive Service Credits during an outage in their region, while other accounts in other regions that have not been similarly affected will not receive Service Credits.

Exclusive Remedies

Notwithstanding anything elsewhere to the contrary, the award of Service Credits in accordance with this Support Policy, shall be Customer’s sole and exclusive remedies available for Customer for: (1) any failure by RealTheory to meet its obligations under this SLA; and (2) any Error in the Services.

Updates

As our business evolves, we may change our Service Level Agreement and this Support Policy; including changes to the Enterprise Support Plan. Customers can review the most current version of the RealTheory Support Policy and any relative SLAs at any time by visiting this page. If RealTheory makes any changes that materially and adversely decreases the level of service, then we shall notify Customer through your Notification Email Address, your account or in-product notifications.

Have a great day! RealTheory