Service Level Agreement
This Service Level Agreement (the “SLA”), between Nuevo Sentido Tecnológico Realidad Aumentada, S.L. (“NEOSENTEC”) and any customer of NEOSENTEC the “Subscriber”) governs the Technical Support and level of the Services under the provisions of the Terms of Service (“Terms of Service”).
This SLA forms an integral and inseparable part of the Terms of Service. In case of conflict between the present SLA and the Terms of Service, the present SLA shall prevail insofar it regulates the specific subject hereof. However, to any matter not expressly established in the present SLA, the provisions of the Terms of Service will be fully applicable and shall govern.
The parties may also establish specific service level conditions (i.e. adding additional support hours), which shall prevail over the terms set forth in this SLA. In all aspects not regulated in these specific service level conditions, the terms set forth in this SLA shall apply.
This SLA shall not be applicable, under any circumstance, to: (i) duly identified (unless expressed otherwise by NEOSENTEC) Alpha or Beta developments; (ii) events included in legal concepts “Unforeseeable Circumstances” and “Force Majeure” (as understood in applicable and governing law) or others that go beyond NEOSENTEC’s reasonable control when providing the Services; (iii) errors that resulted from SUBSCRIBER’s software or hardware or third party software or hardware; (iv) errors that resulted from abuses of others conducts prohibited by the Terms of Service; or (v) errors that resulted from quotas applied by the administrated systems controlled by NEOSENTEC.
All capitalized terms not expressly defined in this SLA shall have the meaning given to them pursuant to the General Terms and Conditions:
- “Business days” shall mean the official Spanish business days.
- “Business hours” shall mean 24 hours per day, during business days
- “Response Time” shall mean the average amount of time in which NEOSENTEC will reach out to the SUBSCRIBER after a support request and provide the SUBSCRIBER with information about the next steps NEOSENTEC will take to resolve it.
- “Resolution Time” shall mean the average amount of time in which NEOSENTEC will resolve a support request after it has been responded to by NEOSENTEC.
During the Term of the Services and while the contractual relationship between the SUBSCRIBER and NEOSENTEC still is in force as provided in the Terms of Service, the latter ensures the SUBSCRIBER a minimum percentage of service availability, upon this section, of a monthly 99,00% with regard to the service level objective (the “SLO”).
If NEOSENTEC does not meet the SLO, and if the SUBSCRIBER meets the obligations provided under the Terms of Service, to the extent that the latter notifies the former within thirty calendar days (30) after the finalization of the monthly period when such harm was caused, the SUBSCRIBER may be eligible to receive monetary compensation (the “Credit”) that shall be exclusively granted as a discount percentage credited to future monthly bills issued by NEOSENTEC, as indicated in the following table:
98.00% – <99.00%
94.00% – <98.00%
The User shall be only entitled to claim Credit if the downtime period (minutes measured as a minimum category) of the Services is to be caused by events or circumstances related to NEOSENTEC or any of the latter’s IT providers and directly linked to the performing of the Services.
The provisions established in this clause shall not be applicable in case of programmed downtime period duly notified in advance to carry out scheduled maintenance. Such suspension will not be for more than 5 business hours in each calendar month. The Services downtime during scheduled maintenance carried out by NEOSENTEC in accordance with this Clause 2.4. shall not be counted as Unavailability for the purposes of paragraph 2.2.
If an interruption is caused, NEOSENTEC is not liable for any disruption or loss that the User may suffer and does not guarantee the possibility of recovering a project or its related AR Content. In general NEOSENTEC will perform backups of the AR content stored in its services and will keep the last 15 days, but the User is solely responsible for making its own backups, to avoid loss of their AR Content.
NEOSENTEC will provide SUBSCRIBER with technical support for the Services:
- Via support ticket system or video call provided within the Onirix Studio platform;
- Through the means accorded with each client when it comes to tailor made support.
All Technical Support will be provided remotely unless expressly agreed otherwise by NEOSENTEC.
LIMITS ON TECHNICAL SUPPORT.
The limits of technical assistance are set out below.
Support ticket system: tickets can be created by the user via Help in Onirix Studio. The user must communicate sufficient information for the correct management of the incident.
The support categories are divided into:
- Standard support:
- Assistance in resolving any service failures or outages.
- Assistance in the use of Studio and/or the experience library.
- Incidents in the loading/visualization of assets.
- Consultations on Onirix possibilities and limitations.
- Advanced support, including in addition to standard support:
- Technical consultations on projects, compatibility analysis and best practice recommendations.
- Code consulting, excluding code creation, which is considered a specific development.
- Assistance in the use of our WebAR SDKs.
Advanced support also allows communication via telephone for a better understanding of the incident and agility of the process.
- Dedicated support: this modality will be agreed in advance during the license contract and includes direct communication with a managing member of the team.
- Technical video call with experts: this must be planned well in advance, no less than 24 hours in advance, and must take place from Monday to Friday during the working hours from 9:00 AM to 18:00 PM GMT + 1. This option is restricted to a maximum of one non-cumulative hour per month.
During the call, any technical issue related to Onirix Studio and its functionalities may be discussed, as well as any of the points listed above under the ticket support modalities.
NEOSENTEC shall have no obligation under this Agreement to provide Technical Support in connection with any failure or error caused by:
- The improper use of the Services; or
Response time for any request will be:
- During Bussiness hours: 3h.
- During Non-Bussiness hours: 48h.
Our Business hours are from 9:00 AM to 18:00 PM GMT + 1. Our work calendar is governed by the calendar in Spain, and specifically that of the town of Oviedo.
Resolution time for the requests received will be:
- Tier 1: critical error. An issue that is preventing Onirix Studio, or some ad-hoc development, from working normally: until it’s resolved;
- Tier 2: medium error. A problem that is relevant but the user can continue using Onirix Studio or its ad-hoc solution: 16-24 Business hours;
- Tier 3: minor bug. A very specific problem that does not affect the general use of Onirix Studio or the ad-hoc solution (for example, an error within the interaction of a specific scene): 48 Business hours.
The SUBSCRIBER acknowledges that from time to time during the Agreement NEOSENTEC may apply upgrades (“Upgrades”) to the Services and that such Upgrades may result in changes in the appearance and/or functionality of the Services.
This SLA shall enter into force on the date that the Terms of Services are accepted by the SUBSCRIBER and shall remain in effect for the term and be subject to termination in accordance with the Terms of Service.
DISTRIBUTED DENIAL OF SERVICE (DDoS) PROTECTION
Our commitment to providing a reliable and uninterrupted service experience includes a robust defense against Distributed Denial of Service (DDoS) attacks. To safeguard our infrastructure and ensure the availability of our services to all users, we have implemented an advanced DDoS protection system.
Rate Limiting Measures:
Our system includes a rate limiting protocol designed to prevent any single source from overwhelming our servers with excessive traffic. Specifically, we allow a maximum of 500 requests per IP address within a rolling 5-second window. This measure is crucial to maintain service continuity and to protect our network from malicious traffic patterns.
Our security team regulary monitors network traffic for signs of anomalous or potentially harmful activity. The DDoS protection system is just one layer of our comprehensive security strategy, which aims to detect, respond to, and mitigate any threats promptly.
Ensuring Fair Use:
The rate limit has been carefully set to ensure that legitimate users can freely use the service without interruption under normal operating conditions. The limit is well above the needs of regular usage patterns, so most users will not be affected. However, in the event that legitimate requests are erroneously limited, users are encouraged to contact our support team for assistance.
We understand that there may be occasions when your usage of our services will exceed the standard request limits due to special events, such as product launches, marketing campaigns, or other high-traffic scenarios. To support your success during these critical times, we offer the option to temporarily adjust our rate limiting for your account. Prior to any anticipated high-traffic event, we encourage you to contact our support team with the details of your needs. Upon review, we can implement a tailored whitelisting strategy to accommodate the increased volume of traffic, ensuring that your service remains smooth and uninterrupted. This bespoke approach allows us to maintain security while providing the flexibility you require for your important events.