Jaxon Service Level Agreement

  1. Definitions
    “Downtime” refers to the Service being unavailable, calculated monthly.

    “Emergency Maintenance” means Downtime of the Service outside of Scheduled Downtime hours caused by the application of urgent patches or fixes, or other urgent maintenance, recommended by Jaxon’s vendors to be applied as soon as possible, as determined by Jaxon in its sole discretion.

    “Scheduled Downtime” means downtime of the Service during the hours of (a) midnight (Friday-Saturday) to 5:00 a.m. Saturday U.S. Eastern Time; or (b) midnight (Saturday-Sunday) to 5:00 a.m. Sunday U.S. Eastern Time.

    “Service Availability” means the percentage of total time during which the Service is available equal to the total number of minutes in a calendar month minus the number of minutes of Downtime occurring in that calendar month, divided by the total number of minutes in the calendar month, excluding Scheduled Downtime and Emergency Maintenance.

    “Support Availability” refers to the schedule of time that there will be staff available to respond to Support Requests or Incidents.

  2. Support Availability Commitment. Jaxon will provide email- and phone-based support (support@jaxon.ai, 877-209-7055) during normal business hours, which currently are Monday through Friday (excluding holidays) from 9:00 a.m. through 5:00 p.m. Eastern time. Jaxon will respond to any emails sent to support@jaxon.ai or voicemails left at (877) 209-7055 within 1 business day. Jaxon reserves the right to change its normal business hours and will notify users of any such changes. 

  3. Service Availability Commitment. Jaxon will use commercially reasonable efforts to meet the Service Availability commitments set forth in the table below (“Service Availability Commitments”), and to schedule and provide notice of Emergency Maintenance. Jaxon monitors its systems and Service Availability, and the monitoring data is used to verify compliance with the Service Availability Commitments and provide information on outages and interruptions, such as root cause and diagnostics. Jaxon may determine at its sole discretion when Emergency Maintenance is necessary to protect or preserve the integrity of its Services or infrastructure. From time to time, Jaxon will make announcements via the Service or email regarding Emergency Maintenance (“Maintenance Announcements”) that may affect the Service, including Service Availability. Maintenance Announcements are Jaxon’s sole method and requirement for communicating activities. It is your responsibility to subscribe to, remain aware of, and adjust as necessary to the content and effect of the Maintenance Announcements.

  4. Exceptions. The Service Availability commitments do not apply to circumstances where the Service is affected by operational, connectivity or other service interruptions beyond Jaxon’s sole control, including without limitation:
    1. Disasters and events force majeure such as flood, earthquake, war, tornados, extended power outages, etc.;
    2. Outages created or experienced by our vendors and infrastructure partners;
    3. Your inability to connect caused by issues with your ISP, local settings, or circumstances;
    4. Events arising from malicious, unlawful or terrorist acts against you, us, or our employees, contractors, vendors, or property including viruses, Trojan Horses, and other malware; and/or
    5. Events caused either directly or indirectly by acts, errors, or omissions by you or your agents, vendors, or end-users, or by your equipment or third-party equipment you use.

  5. Token Credits.

    1. If, during a calendar month during the term of the applicable Subscription Contract, the Service becomes unavailable, you will be eligible to receive credits towards the purchase of usage tokens (“Token Credits”) as set forth in the table below. One credit equals 1,000 tokens.

    2. To receive Token Credits, you must notify Jaxon in writing within 30 days after you become eligible to receive Token Credits. If you do not notify us within 30 days, then you forfeit your right to receive Token Credits.
    3. The aggregate maximum number of Token Credits to be issued by Jaxon to you for all Downtime that occurs in a single calendar month shall not exceed 1,000 Token Credits. Token Credits may not be exchanged for or converted to monetary amounts.
    4. The Token Credits are your sole and exclusive remedy for Downtime and interruptions in Service and shall apply only while you are in good standing and not in breach of any term of the Terms of Use or Subscription Contract, and your accounts are paid in full when due with no amounts past due or security deposits not fully paid.