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Segment SLA for Premium Terms of Service

Last Updated June 22nd, 2019

SERVICE LEVELS AND SUPPORT

1. Up-Time and Reliability. Segment uses commercially reasonable efforts to make the Services available and operational to Customer for 99.99% of all Scheduled Availability Time (“Target Up-Time”), calculated on a monthly, per-minute basis. “Scheduled Availability Time” means twenty-four (24) hours a day, seven (7) days a week, excluding: (i) scheduled maintenance downtime not exceeding five (5) hours per month in the aggregate; and (ii) any downtime due to defects caused by Customer, one of its vendors, third party connections, utilities, or equipment, or caused by other forces beyond the reasonable control of Segment (such as denial of service attacks, internet or third-party service outages or outages with respect to Customer’s network or internet access). Segment uses commercially reasonable efforts to provide at least eight (8) hours advance notice via email or text of any scheduled maintenance downtime and, to the extent practicable, such downtime shall be scheduled during the weekend hours between 18:00 Friday and 3:00 Monday Pacific Time. In the event of any outages described above, Segment will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Services in connection with outages, whether scheduled or not.

2. Special Termination Right. As Customer’s sole and exclusive remedy for any failure of the Services to achieve the Target Up-Time, in the event that Segment fails to meet the Target Up-Time in two (2) consecutive months or in any three (3) of six (6) consecutive months, Customer may terminate the Agreement upon written notice to Segment and will receive as its sole remedy a refund of any fees Customer has pre-paid for use of the Services for the terminated portion of the applicable Subscription Term. Customer must exercise this termination right within thirty (30) days of reasonably becoming aware of a Services failure or such right will be deemed waived.

3. Maintenance. Segment will make available to Customer as part of the Services all generally available updates and bug fixes to the Services.

4. Customer Responsibility. In addition to other responsibilities contained herein, Customer will be responsible for ongoing maintenance, management and accuracy of the Customer’s account profile data maintained within the Services.

5. Support. Segment is available to receive product support inquiries via email or Segment’s website 24 hours per day. Segment’s standard support hours are 06:30 to 15:30 Pacific Time Monday through Friday for technical information, technical advice and technical consultation regarding Customer’s use of the Services.

6. Customer Support List. Customer shall provide to Segment, and keep current, a list of designated contacts, emails and/or phone numbers (the “Support List”) to interact with Segment in connection with support requests. Such Support List shall include (i) the first person to contact for the answer or assistance desired, and (ii) the persons in successively more responsible or qualified positions to provide the answer or assistance desired.

7. Incident Classification. Segment shall reasonably classify each “Incident” encountered by Customer (if reasonably necessary, in consultation with the Customer) according to the following definitions:

– P1 - High. Data collection services and data reporting services are down, causing critical impact to business operations; no workaround available.

– P2 - High. Data collection services and data reporting services are significantly degraded and/or impacting significant aspects of business operations; no commercially reasonable work around available.

– P3 - Medium. Slow response or delays; Services performance is impaired but still materially functional.

– P4 - Low. No material Customer impact; Documentation errors or exclusions; Cosmetic or other non-substantive Services user interface issues. Data collection and data reporting services are unaffected.

8. Target Response Times and Escalation Procedures

Segment shall use commercially reasonable efforts to address Incidents in accordance with the classifications according to the table below and guaranteed response times set forth below (“Guaranteed Response Times”). During the regular support hours set forth in Section 5, Segment will follow the defined support escalation procedures set forth below (including Target Resolution Times). If Customer has an assigned dedicated Customer Success Manager (CSM), the CSM (as specified in the Order Form) shall act as Customer’s Primary Contact type for all Incident types. If Segment does not provide a response within the Guaranteed Response Time for the applicable Incident type, Customer may escalate the Incident by contacting the immediate next escalation contact and may continue to escalate the Incident for so long as Segment does not meet its Guaranteed Response Time after each attempt to contact Segment.

Incident Type

Guaranteed Response

Target Resolution Times

Primary Contact

Escalation 1

Escalation 2

P1

Segment shall provide a status update by telephone, SMS, Segment Status Page and/or e-mail within one (1) hour of the initial occurrence of the P1 issue and status updates every hour thereafter. Customer may designate an email address at which to receive status updates. Segment shall assign engineering resources to work on a continuous basis until the problem is resolved or the problem is determined to be beyond Segment’s reasonable control.

Segment’s goal for Resolution of P1 issues is within four (4) hours of Customer’s receipt of issue notification.

Customer support form available in Customer’s workspace

Customer’s CSM (if applicable, to be assigned at onboarding), or scaled CSM team support contact

Global Success Leads

P2

Segment shall provide a status update by telephone, SMS, Segment Status Page, and/or e-mail within two (2) hours of the initial occurrence of the P2 issue and status updates every six (6) hours thereafter. Customer may designate an email address at which to receive status updates. Segment shall assign engineering resources to work on a continuous basis until (i) the problem is resolved, (ii) an acceptable workaround is found or (iii) the problem is determined to be beyond Segment’s reasonable control.

Segment’s goal for Resolution of P2 issues is within eight (8) hours of Customer’s receipt of issue notification.

Customer support form available in Customer’s workspace

Customer’s CSM (if applicable, to be assigned at onboarding), or scaled CSM team support contact

Global Success Leads

P3

Segment shall provide a status update by telephone, SMS, Segment Status Page, and/or e-mail, within four (4) hours of the initial occurrence of the P3 issue and status updates every twenty-four (24) hours thereafter. Customer may designate an email address at which to receive status updates. Segment shall use commercially reasonable efforts to resolve the problem as soon as is reasonably practicable.

Segment’s goal for Resolution of P3 issues is within one (1) calendar day of Customer’s receipt of issue notification.

Customer support form available in Customer’s workspace

Customer’s CSM (if applicable, to be assigned at onboarding), or scaled CSM team support contact

Global Success Leads

P4

Segment shall use commercially reasonable efforts to provide a status update by telephone, SMS, Segment Status Page, and/or e-mail within twenty-four (24) hours of the initial occurrence of the P4 issue. Customer may designate an email address at which to receive status updates.

Within a commercially reasonable time, on a case-by-case basis.

Customer support form available in Customer’s workspace

Customer’s CSM (if applicable, to be assigned at onboarding), or scaled CSM team support contact

Global Success Leads