THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF JANRAIN, INC. SERVICES.
BY ACCEPTING THIS AGREEMENT, EITHER BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT OR BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” AND “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose.
This Agreement is between You and Janrain, Inc., a Delaware corporation with its principal offices located in Portland, Oregon (“Janrain”). Customer and Janrain are each referred to below as a “Party” and together the “Parties.” This Agreement, which is effective as of the date of Customer acceptance, states the general terms and conditions applicable to the Services (defined below) which Janrain will provide to Customer pursuant to the terms herein, the Order Form which incorporates this Agreement by reference, and any related SOW (defined below).
Janrain will use commercially reasonable efforts to provide SaaS Services with a monthly Availability equal to or greater than 99.95% (“Availability Commitment“). See below for applicable definitions.
If Janrain fails to meet its Availability Commitment in any calendar month and the total Qualifying Downtime during such month does not exceed four hours, per each hour or part thereof, Customer shall be eligible for a service credit of 5% of the subscription Fee for the unavailable SaaS Service (for the affected instance(s), if Customer has multiple instances running) pro-rated for that month; but if the total Qualifying Downtime during a calendar month exceeds four hours, Customer shall be eligible for a service credit of 50% of such subscription Fee pro-rated for that month. Service Credits will be issued as credits against future subscription Fees or, if no additional subscription Fees are payable when the Agreement terminates, will be provided to Customer in the form of a refund paid within thirty (30) days after the date of termination. To receive a service credit hereunder, Customer must provide written notice to Janrain of its service credit claim within ten (10) business days following the end of the applicable month. All Service Credit claims are subject to verification by Janrain. Service credits are Customer’s sole and exclusive remedy for any failure to meet the Availability Commitment. Service credits are not available for any SaaS Service provided without charge. (Please note that service credits are not available if Customer has ordered Social Login SaaS Service for no more than 100,000 authorized Users.)
Technical Support includes addressing problems or bugs in the SaaS Services in production on authorized Customer sites, all Janrain User Management Platform releases, and basic help understanding specific features.
Technical Support does not include Customer development issues, debugging code not maintained by Janrain, assistance regarding use of third party components not provided by Janrain, or use of the SaaS Services other than as described in the Documentation.
* Severity Level 1 coverage includes weekends and holidays and Severity Level 2 target Initial Response time includes weekend and holidays. The preceding sentence does not apply if Customer has ordered Social Login SaaS Service for no more than 50,000 authorized Users, in which event the Initial Response and Resolution times exclude weekends and hours before 8 a.m. Pacific time and after 5 p.m. Pacific time.
** Resolution time objectives begin after Customer has notified Janrain of the incident via the Janrain trouble ticket system and provided to Janrain transaction data and reproducible test case data necessary to determine the nature of the error at issue and to isolate any defect(s).