Service Level Agreement (SLA)

1Definitions

"Downtime" means full unavailability of the Look cloud service to all users, caused by an issue originating in Look DS systems, as measured by our monitoring systems.

"Incident" means any interruption or degradation affecting normal operation of the Service. Not every Incident is Downtime. Service Credits arise only in respect of Downtime.

"Business Hours" means Monday to Friday, 09:00 to 18:00 UTC, excluding United States public holidays.

"Monthly Fee" means the Fees payable for the Service for the calendar month in which the Downtime occurred. For annual Subscriptions, the Monthly Fee is one twelfth (1/12) of the annual Fee. Where only some Screens were affected, the Monthly Fee is calculated by reference to those Screens only.

"Scheduled Maintenance" means maintenance announced at least 48 hours in advance.

"Emergency Maintenance" means maintenance required to address an urgent performance, stability or security risk.

"Service Availability" means the percentage calculated under clause 2.

2Service Availability

2.1Look DS targets 99.9% Service Availability per calendar month.

2.2Service Availability is calculated as:

2.3Downtime is measured exclusively by the monitoring systems operated by Look DS. Those records are the sole source of truth for the purposes of this SLA.

2.4Periods excluded under clause 6 are not counted as Downtime and are not deducted from total minutes in the month.

3Maintenance

3.1Look DS may perform maintenance to preserve the reliability and security of the platform.

3.2Scheduled Maintenance is performed during low-usage hours, and we give at least 48 hours' notice by email and in the Personal Account.

3.3Scheduled Maintenance does not count as Downtime.

3.4Scheduled Maintenance will not exceed 8 hours in any calendar month.

3.5Emergency Maintenance may be performed without prior notice where urgently required. We will notify affected customers as soon as reasonably practicable. Emergency Maintenance does not count as Downtime.

4Service Credits

4.1Where Service Availability in a calendar month falls below 99.9%, you may request a Service Credit as follows:

4.2To claim a Service Credit you must email support@lookdigitalsignage.com within 10 business days after the end of the affected month, providing:

• the date and time of the Incident;
• a description of the impact, including the Screens affected;
• logs, screenshots or other supporting evidence.

4.3Time is of the essence for the purposes of clause 4.2. A claim submitted after the 10 business day period is waived and no Service Credit is payable.

4.4We will review the claim and confirm eligibility within 20 business days of receipt.

4.5Service Credits are applied against future invoices. They are not payable in cash and are not refundable.

4.6Service Credits in any calendar month may not exceed 50% of the Monthly Fee. Service Credits in any period of twelve consecutive months may not exceed 50% of the total Fees paid in that period.

4.7No Service Credit is payable where, at the time of the Incident or at the time of the claim, any amount owed by you to Look DS is overdue.

4.8Subject to clause 4.9, Service Credits are your sole and exclusive financial remedy for any failure to meet the Service Availability target.

4.9Where you are a consumer resident in the European Union or the United Kingdom, clause 4.8 does not affect your mandatory statutory rights, in accordance with clause 22 of the Terms of Service.

5Support and incident response

5.1Look DS provides support in relation to your use of the Service as follows:

5.2The support hours in this clause 5 are the support hours for the Service. Where any other document refers to different support hours, this clause prevails.

5.3Response times depend on you providing a clear and accurate description of the issue, including when it arose, the Screens and area of the Service affected, and any other information we reasonably require.

6Exclusions

6.1This SLA does not apply to, and the following do not constitute Downtime:

• Customer hardware, including screens, media players and local operating systems;
• Customer network, Wi-Fi, router or ISP outages;
• third-party systems, services or software outside our control, including third-party model providers used by generation features;
• incorrect configuration, unsupported usage, or failure to follow our documentation and guidelines;
• acts or omissions of the Customer or any User, including changes made in the Personal Account;
• denial-of-service attacks, distributed denial-of-service attacks and other malicious attacks on our infrastructure;
• Scheduled Maintenance and Emergency Maintenance;
• force majeure events as defined in the Terms of Service;
• any period during which any amount owed by the Customer is overdue or the Service is suspended under the Terms of Service;
• trial accounts, free plans, beta or preview features, and non-production environments.

6.2Generation features and Look Coins are excluded from the Service Availability target. Where a generation fails for reasons attributable to the Service, Coins are restored in accordance with clause 10.5 of the Terms of Service, and that is the sole remedy.

7Governing law

7.1This SLA is governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.

7.2Subject to clause 22 of the Terms of Service, the state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute arising out of or in connection with this SLA.

8Changes to this SLA

8.1Look DS may update this SLA from time to time.

8.2Material changes will be notified by email to the address on your account and published here at least 30 days before they take effect.

8.3Previous versions of this SLA, with their effective dates, are available on request from support@lookdigitalsignage.com.