SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) is by reference incorporated into and forms an integral part of the Order Confirmation, including all appendices and additional Documents thereto, (the “Agreement”) between you as a business customer (“Customer”) and Flarie AB, reg. no 556856-2747, (“Flarie”) as the Service provider. The Customer and Flarie are hereinafter each referred to as a “Party” and jointly as the “Parties”
This SLA shall only apply to Flarie’s provision of the Service to the extent the SLA is referred to in the Order Confirmation between the Parties. Capitalized terms in this SLA shall have the meaning given to them in the Order Confirmation and Agreement, unless stated otherwise in this SLA.
If any provision of this SLA conflicts or is inconsistent with any term of the General Terms regarding Service levels and related compensation to the Customer, the provision in this SLA will take precedence.
SERVICE DESCRIPTION
The Service
This SLA shall apply to the Customer’s Flarie Studio Subscription as set out in the Order Confirmation (the “Service”).
Service overview
Flarie Studio provides a scalable Platform for branded Games.
Included components
Components of the Service may include the following elements (for the avoidance of doubt, the list is non-exhaustive and may be updated from time to time at Flarie’s discretion):
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Flarie Studio: the application service enabling Customer to manage Games and Game centers;
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Game engine: the service supporting the loading of the Game experience;
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Game center service: the service supporting the loading of the Game center experience;
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Game play service: the service supporting the Game and Game center api;
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Gamification service: the service supporting the gamification api;
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Link service: the service supporting the redirecting and scheduling of the Customer’s Games;
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Prize distribution service: the service supporting the distribution and selection of winners in Games.
Excluded components
The following components are not included in the Service (for the avoidance of doubt, the list is non-exhaustive and may be updated from time to time at Flarie’s discretion):
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Analytics service; and
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Email-notification service.
Service availability
The Service is available 24/7, except during scheduled and emergency maintenance pursuant to this SLA. Additional maintenance may be required and scheduled as necessary, with as much prior notice as commercially reasonable.
PERFORMANCE METRICS
Uptime guarantee
99.9% Service availability, excluding downtime scheduled maintenance.
Data accuracy
Best commercially reasonable efforts will be made to ensure data accuracy and integrity.
SUPPORT
Support availability: 24/7 via email.
Support channels (email): support@flarie.com.
Response time for support requests: initial response within 24 hours.
Excluded matters: support under this SLA will, for example, not cover issues caused by Customer’s misuse of the Service or by any third-party services or software that are not under Flarie’s control.
MAINTENANCE AND UPGRADES
Scheduled maintenance
Scheduled maintenance of the Service will occur quarterly, and typically be conducted during off-peak hours, with possible emergency maintenance under certain circumstances.
Maintenance communication
In the event maintenance of the Service is required, the Customer will be notified via email or within the Service at least 7 days in advance, except in emergencies. In case of emergency maintenance, Flarie may at its sole discretion take the Service offline without prior notice to the Customer provided, however, that Flarie will make commercially reasonable efforts to minimize downtime and inform the Customer as soon as possible.
Upgrade policy
Upgrades of the Service will be rolled out incrementally with minimal interruption.
SECURITY AND DATA PROTECTION
Flarie uses commercially reasonable efforts to ensure data accuracy and integrity, and we refer to Flarie’s Data Security Policy for detailed information on Flarie’s security and data protection management standards. Flarie adheres to industry-standard encryption and have security protocols in place. Flarie complies with GDPR and other relevant data protection legislation. Daily backups and appropriate disaster recovery (DR) solutions are in place.
The Customer is responsible for undertaking regular backups of its data, and this responsibility shall remain with the Customer unless otherwise agreed upon in writing. Flarie shall not be liable for any data loss or corruption resulting from Customer's failure to perform such backups, Customer’s actions, third-party services, or force majeure events.
SLA EXCLUSIONS
Flarie is not liable for failure to maintain uptime due to any of the following circumstances and conditions:
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Acts or omissions by Customer, its agents, employees, or contractors, or acts or modifications as directed or authorized by Customer, or breaches of the Agreement;
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Customer’s failure to adhere to Flarie’s recommendations, including hardware or software configuration necessary to meet minimum system requirements for the Service;
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Spikes* in demand for system resources for which the Parties did not previously agree in writing, allowing Flarie to make accommodations for such increase in demand.
(*) Spike: >50% increase in the number of daily activities processed by the Service above the normalized daily activity patterns.
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Software, hardware, or third-party services not provided or controlled by Flarie, or events beyond Flarie’s reasonable control, including but not limited to force majeure events, acts of cyberterrorism or disruptions in internet connectivity not attributable to Flarie, any law, regulation or order issued by the government, or any agency or department, which, in the reasonable opinion of Flarie, effectively prohibits or restricts Flarie from offering the Service, or imposes significant additional costs on Flarie to provide the Service, in the territory; or
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Upgrades, scheduled or emergency maintenance pursuant to this SLA.
COMPENSATION AND TERMINATION
Right to receive Service credit
If Flarie fails to maintain uptime percentage of the Service according to this SLA, the Customer shall have the right to claim the relevant Service credit percentage as set out below herein. The Service credit percentage will be calculated against the monthly fees payable by the Customer for the use of the Service and will be paid against such future fees. The “monthly fee” will be calculated based upon the subscription fee for the Service as stated in the applicable Order Confirmation. If, for example, the subscription fee for the Service is an annual fee, then the monthly fee will be equal to the annual subscription fee applicable to the Service divided by 12. If, for example the subscription fee for the Services is based on volume of Platform use, i.e. a "volume-based fee”, then the monthly fee will be equal to the average monthly fee paid by the Customer during the preceding 12 months.
Uptime Percentage and Service Credit
≥99.5% but <99.9% - 5% of monthly fee
≥95.0% but <99.5% - 10% of monthly fee
≥90.0% but <95.0% - 15% of monthly fee
<90.0% - 20% of monthly fee
Specific terms for Service credit claims
Customer’s sole remedy in the event of failure by Flarie to meet the agreed uptime of the Service shall be its right to claim Service credits as described above. The maximum price reduction per month in the event of failure to meet agreed levels herein, shall be 20% of the monthly fee for the Service. Claims regarding Service credits pursuant to this SLA shall, in order to be valid, be made by the Customer itself within a period of 6 months from the claimed incident / downtime of the Service. For the avoidance of doubt, failure by the Customer to claim Service credits within the specified timeframe will result in the forfeiture of the Customer’s right to receive Service credits for the relevant incident / downtime pursuant to this SLA.
In no event shall the total Service credit under this SLA exceed 20% of the total fees payable for the Service for the relevant month, and Flarie’s total aggregate liability under this SLA shall not exceed the amount equal to 3 months’ Service fees within any 12-month period.
Termination due to Service downtime
If uptime percentage of the Service falls below 90% for more than 3 months in a 6-month period, the Customer may terminate the Service upon 10 days’ written notice to Flarie.
REVIEW AND MODIFICATION OF SLA
This SLA will be reviewed annually. Flarie reserves the right to unilaterally modify this SLA with at least 30 days’ written notice to Customer prior to the end date of the current Flarie Studio Subscription in force as set out in the Order Confirmation.
Continued use of the Service by the Customer after any modifications to this SLA have taken effect shall be deemed acceptance of the modifications and thus apply to the subsequent Flarie Studio Subscription period(s). The Customer may terminate the Service pursuant to the Order Confirmation if the Customer does not wish to be bound by the modifications of this SLA.
CONTACT INFORMATION
Contact details: Flarie AB, Hornsgatan 24, 118 20 Stockholm, Sweden.
Customer support contact: for support issues, contact support@flarie.com.
GOVERNING LAW AND DISPUTES
The provisions in Section 19 (Governing Law and Dispute Resolution) of the General Terms shall for the avoidance of doubt apply to the Agreement as well as this SLA.