Service Level Agreement

This Service Level Agreement (“SLA”) sets out the support services Piano will provide for its Services. It is subject to the Master Services Agreement or other applicable agreement between Client and Piano governing the provision and use of Piano’s software-as-a-service platform ("Agreement"). All capitalized terms not defined in this SLA shall have the meanings given in the Agreement.

Piano will furnish support as follows: 

1. As long as Client is current in payment of the fees set forth in any given Schedule or Order Form ("Schedule"), Piano will provide email support during the Term to Client for questions or problems with the use of the Services. The support will be available during the hours of Monday 02:00 to Friday 23:00 UTC on business days (excluding bank holidays). After-hour emergency support is available 24/7 for Severity 1 incidents via email and the severity level response set forth below still applies.

   
   

2. Piano will make the Services available each calendar quarter, excluding periods of Maintenance Downtime, Third-Party Downtime, and Force Majeure Events at an uptime of 99.9% (the "Uptime Guarantee"). If the Services fail to be available for the amount of time set forth in the Uptime Guarantee, then Piano will issue a credit (the “Credit") equal to 1% of the quarterly SaaS Subscription Fee for each one-tenth of one percent decrease in availability in the affected quarter. The total Credit will be capped at 100% of the SaaS Subscription Fee for the quarter in which service is so affected. If the parties have a performance-based or revenue sharing agreement in place, any consideration due Piano as a result of that agreement shall not be considered as SaaS Subscription Fees for the purposes of computing the Credit. Piano is not liable for any delays or decrease in the availability of the Services nor will Piano issue a Credit in situations of (i) force majeure, (ii) inability to access the Services due to issues with Client’s internet network, (iii) defective or incorrect implementation of the Services by Client, and (iv) where Client is in breach of the Agreement or its Schedules.

   
   

3. Client acknowledges and agrees that Piano may, from time to time, need to perform routine maintenance or repair of the Services or update the Software and that during such times of maintenance or repair ("Maintenance Downtime"), the Services may not be available for the Client's use. Piano shall endeavor to inform Client of such maintenance at least two (2) business days in advance and will perform maintenance during the specified windows set forth below for no more than ninety (90) minutes per month. 

   
   

4. Client acknowledges that Piano relies on third parties, including but not limited to Stripe, Snowflake, Amazon Web Services, Cloudflare, Google and several payment providers (a full list of payment providers can be found at http://docs.piano.io/payment-providers), for providing its services. Client agrees that unavailability of third-party systems ("Third-Party Downtime"), (i) may affect the availability of the Software and/or the Services, (ii) is beyond the control of Piano, (iii) will not be part of computations regarding the Uptime Guarantee, and (iv) will result in no refunds or credits to Client. 

   
   

5. Problem Response

   Definition and Classification of Problems.

   i.“Severity" is the assessed possible risk or effect of a problem with the Services. All notifications, escalations and standards for responding to problems are set by Severity.

   ii. As used below, the term "Problem" shall mean any problem, inquiry or request. Problems shall be initially classified by Piano in accordance with the following Severity level classifications:

   
   

   Severity 1: 

   1. The Services are causing the availability of the Client website or applications to be significantly affected; 

   2. There is a complete outage of a critical service or a recurring temporary outage of a critical service;

   3. There is a security breach that exposes the personally identifiable information of Client customers;

   Severity 2:

   1. Due to a problem with the Services, users are not able to properly purchase access for, or gain access to, Client content; 

   2. The Services administrative applications (e.g. reporting, authoring, etc.) are unavailable;

   3. There is an error, bug, or issue with the experience of a subset of Client customers (e.g. transactional emails are not being delivered properly / some but not all Client customers are viewing unintended media, content, or messages); or

   Severity 3: 

   1. Client is experiencing operational inconvenience caused by the Services; 

   2. Client needs or expects different functionality or presentation of information than Piano currently provides; 

   3. An individual user has reported a problem that has not been evidenced to be prevalent among Client customers. 

      
      

   ii. Upon becoming aware of any Problem (whether by notification or self-discovery), Piano shall promptly verify the problem and, if necessary, open a Trouble Ticket for such Problem. Upon verification, Piano shall promptly respond to Client and advise Client of the severity level classification assigned to such Problem.

6. Problem Escalation and Resolution

   Piano Support Team representatives are available to attend to all issues by email at all times at: support@piano.io 

   
   

   If Client experiences a Severity 1 disruption to its business which is believed to be related to the Piano platform, contact the on-call urgent response team by sending an email to urgent@piano.io, and cc the client services representative.  Include name and contact information and the Piano application ID for the affected property, along with any screen grabs or error message details describing the issue.  The operational lead of the on-call urgent response team will get back to Client within 30 minutes of the initial outreach.  If the issue has not already been resolved before that initial response, Client will receive periodic updates as they are available until the issue is resolved.

   
   

   Client may use the Piano client services representative as escalation contact, if:

   1. The Piano Support Team did not respond within the expected time; or

   2. The Problem is not being handled properly; or

   3. The Piano Support Team representative was communicating unprofessionally in any way.

      
      

   Client should then expect a response within a maximum of two (2) hours.

   
   

   Piano recommends that Client subscribe to Piano’s status page to receive real-time system updates and status at https://status.piano.io.

   
   

7. Modifications

   Piano may update this SLA from time to time to reflect changes in its operations, provided that any such updates will not materially diminish the availability of the Services to Client.