Service Level Agreement

This Service Level Agreement (SLA) describes the service availability that Friendly Captcha will provide to the Professional Service User.

During the Term of the agreement under which Friendly Captcha has agreed to provide Friendly Captcha online services to the Professional Service User (the “Agreement”), the Covered Service will provide a Monthly Uptime Percentage to the Professional Service User of at least 99.9% (the “Service Level Objective” or “SLO”).

If Friendly Captcha does not meet the SLO, and if the Professional Service User meets its obligations under this SLA, the Professional Service User will be eligible to receive the Financial Credits described below. This SLA states the Professional Service User’s sole and exclusive remedy for any failure by Friendly Captcha to meet the SLO. Capitalized terms used in this SLA, but not defined in this SLA, have the meaning stated in the Agreement. If the Agreement authorizes the resale or supply of the Friendly Captcha online service under a Friendly Captcha partner or reseller program, then all references to the Professional Service User in this SLA mean Partner or Reseller (as applicable), and any Financial Credit(s) will apply only for impacted Partner or Reseller order(s) under the Agreement.

Definitions

The following definitions apply to the SLA:

“Back-off Requirements” means, when an error occurs, the Professional Service User is responsible for waiting for a period of time before issuing another request. This means that after the first error, there is a minimum back-off interval of 1 second and for each consecutive error, the back-off interval increases exponentially up to 32 seconds.

“Covered Service” means creating verification requests using the Friendly Captcha Verification API for Professional Service Users.

“Downtime” means more than a 5% Error Rate. Downtime is measured based on server side Error Rate.

“Downtime Period” means a period of one or more consecutive minutes of Downtime. Partial minutes or intermittent Downtime for a period of less than one minute will not be counted towards any Downtime Periods.

“Error Rate” means the number of Valid Requests that result in a response with HTTP Status 500 and Code “Internal Error” divided by the total number of Valid Requests during that period. Repeated identical requests do not count towards the Error Rate unless they conform to the Back-off Requirements.

“Financial Credit” means the percentage of monthly bill for the Covered Service that does not meet SLO that will be credited to future monthly bills of the Professional Service User as follows:

Monthly uptime percentage: 99% – < 99.9%
Financial Credit: 10%

Monthly uptime percentage: 95% – < 99.0%
Financial Credit: 25%

Monthly uptime percentage: < 95%
Financial Credit: 50%

“Monthly Uptime Percentage” means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.

“Professional Service User” is defined as any account actively using and paying for Friendly Captcha Professional service plans (Professional Plans). For more details about the service plans, see the Friendly Captcha Pricing page.

“Valid Requests” are requests that conform to the Documentation, and that would normally result in a non-error response.

Request for financial credits

In order to receive any of the Financial Credits described above, the Professional Service User must notify Friendly Captcha technical support at https://friendlycaptcha.com/support within 30 days from the time the Professional Service User becomes eligible to receive a Financial Credit. The Professional Service User must also provide Friendly Captcha with identifying information (e.g., App ID and Site Key) and the date and time Downtime errors occurred. If the Professional Service User does not comply with these requirements, the Professional Service User will forfeit its right to receive a Financial Credit. If a dispute arises with respect to this SLA, Friendly Captcha will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information.

Maximum financial credits

The total maximum number of Financial Credits to be issued by Friendly Captcha to the Professional Service User for any and all Downtime Periods that occur in a single billing month will not exceed 50% of the amount due by the Professional Service User for the Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.

SLA exclusions

The SLA does not apply to any: (a) features designated pre-general availability (unless otherwise stated in the associated Documentation), (b) features excluded from the SLA (in the associated Documentation), or (c) errors: (i) caused by factors outside of Friendly Captcha’s reasonable control; (ii) that resulted from the Professional Service User’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement; or (iv) that resulted from quotas applied by the system or listed in the Dashboards.

Changes to this policy

Friendly Captcha may change its policies to reflect current acceptable practices at its discretion. Friendly Captcha will take reasonable steps to let its service users know about changes via Friendly Captcha’s website. Friendly Captcha will provide 30 days advance notice to its service users before materially reducing the benefits offered to its service users under this policy.

This policy is effective as of February 16, 2020.

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