DevMate, Inc., ("DevMate", "we", or "us") shall provide the DevMate Service ("Service") in accordance with this Service Level Agreement ("Agreement"). This Agreement applies and is available only to Developers with an active subscription to Service, and whose accounts are in good standing with us. Please note that the DEVMATE USER AGREEMENT governs the use of the Service.
1. Definitions
"Available" or "Availability" means any state of the Service other than an Unavailable state.
"Emergency Service Interruption" means the period of time necessary to interrupt the Service in order to fix a critical problem. Emergency Service Interruptions will occur without notice. Critical problems may include, without limitation (i) attacks on the Service (including a denial of service attack), (ii) User's use of the Service disrupting the Service or creating a security risk to us or to any our customer, (iii) harming of our systems or any Developer's systems or (iv) creating a likely risk of the foregoing, or (v) using the Service for fraudulent or illegal activities.
"Monthly Uptime Percentage" is calculated by deducting from 100% the number, expressed as a percentage, calculated by applying the following formula: the number of minutes during which the Services have been Unavailable to Developer in a given calendar month divided by the total number of minutes of such calendar month. For purposes of the calculation of the Monthly Uptime Percentage, the following will not constitute periods of Unavailability: (i) interruptions of service or periods of Unavailability fewer than five minutes in duration, (ii) Planned Service Interruptions, (iii) Emergency Service Interruptions, (iv) interruptions that are the result of a User's request, or (v) interruptions caused by circumstances outside of our exclusive control.
"Planned Service Interruption" means the period of time necessary to interrupt the Service in order to perform scheduled preventive or corrective maintenance. Interruptions for preventive or corrective maintenance may happen occasionally and shall last a maximum of four (4) hours per month and shall be planned one (1) week in advance.
"Service Back Up" means the period of time necessary for performing back-ups. Back-ups shall last a maximum of one (1) hour per day. During this time the Service will function normally, however there might be limited access to your Account.
"Unavailable" means the state of the Service when either (i) a copy of Developer's program cannot be downloaded as DMG or ZIP archive or (ii) a copy or copies of Developer’s program cannot establish connection with DevMate Activation Service.
2. Service Commitment
We will use reasonable efforts to provide a minimum Monthly Uptime Percentage of ninety nine percent (99.95%).
3. Customer Support
Support for the Service is provided free of charge for all break-fix related incidents. The support is available via email. Guaranteed Technical Support is offered Monday - Friday, 09:00 - 18:00 GMT +2. We will respond to all support inquiries within one (1) business day.
4. Exclusions
This Agreement does not apply to any Unavailability, suspension or termination of the Service or performance issues (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond our demarcation point; (ii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct and exclusive control) or (iv) arising from our suspension and termination of your right to use Service in accordance with the DevMate User Agreement.