Service Level Agreement (SLA)

High Fidelity will correct any outage, failure or problem with the High Fidelity Spatial Audio API (each, a “Defect”) within a reasonable time after such Defect is discovered or reported to High Fidelity by Customer, with respect to matters that are within High Fidelity’s span of control.

Response time

Times below are calculated during business hours, Monday through Friday, 9 am through 5 pm, Pacific Time, except for U.S. federal holidays or as specified below. In each instance, High Fidelity will, after the initial response, within a time frame mutually agreed upon by the parties, provide Customer with an action plan for resolution of the Defect. 

Level 1: Response in under 2 hours if the High Fidelity Platform is down. 

Level 2: Response in under 4 hours for a major feature or function failure.  

Level 3: Response in under 24 hours for a minor feature or function failure which results in the High Fidelity Platform not working as described in the online documentation and with minor impact on usage. 

Level 4: Response in under 72 hours for a minor problem or feature request that does not impact usability of the High Fidelity Platform.

Customers who have purchased a Priority Support Plan will be provided with after-hours contact information to use for after-hours Level 1 or Level 2 Issues.

The response time listed in each support plan is the elapsed time between the receipt of a support request and the time when High Fidelity begins the support service, including a verbal or written confirmation to the Customer thereof. The actual time required to fully resolve the support request, if such full resolution occurs, may be longer than the maximum response time listed.  Customer is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the operation of the High Fidelity Platform.  High Fidelity is not responsible for issues caused by Customer’s misuse, improper use, or misconfiguration of the High Fidelity Platform.

1. Platform Availability.  The High Fidelity Platform will meet the guaranteed Availability of 99.9%.

“Availability” means the accessibility and capability of performing all material features and functions of the High Fidelity Platform calculated by reference to the following formula:

Where: α = Maximum Uptime and β = where the High Fidelity Platform is not available during Scheduled Hours other than for Permitted Downtime. The values for α and β are measured in minutes per calendar month.

“Scheduled Hours” means the hours during the days of the week where the High Fidelity Platform will be available which is 24 hours per day, 7 days per week, 365 days a year.

“Permitted Downtime” means the following: (i) inoperability due to any Scheduled Maintenance or any Emergency Maintenance; (ii) inoperability due to any Force Majeure Event, as defined in the Agreement; or (iii) inoperability or downtime due to, or caused by, Customer’s software, systems or environment or any other reason beyond the reasonable control of High Fidelity.

“Scheduled Maintenance” means maintenance of the High Fidelity Platform so long as (i) such maintenance is performed by High Fidelity during a Maintenance Window, or (ii) High Fidelity has provided notice using e-mail (or other method) to Customer not less than twelve (12) hours before the commencement of such maintenance, which notice specifies the nature of such maintenance and the anticipated impact of such maintenance upon availability and performance of the High Fidelity Platform.

“Maintenance Window” means the hours during the day in which the High Fidelity shall perform Scheduled Maintenance that occurs during the lowest volume times, normally between 8:00 p.m. and 6:00 a.m. (Pacific Time).  

“Emergency Maintenance” means maintenance that is performed by the High Fidelity due to a major service affecting an issue that is outside of the Maintenance Window and is a result of conditions or events beyond the High Fidelity’s reasonable control.  

2. Reporting.  High Fidelity will monitor Availability 24 hours a day / 7 days a week / 365 days a year. High Fidelity will report the information from the previous quarter to Customer within ten (10) business days of the end of each calendar quarter.

3. Service Credits.  If the High Fidelity Platform does not meet the guaranteed Availability of 99.9% during any calendar month, then the Customer will be entitled to receive a discount on Fees payable for the difference between the calculated Availability and the guaranteed Availability of 99.9%.  This credit will be applied to the following quarter’s invoice.