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Last Updated: February 6, 2023
This Service Level Agreement (“SLA”) applies to Business and Enterprise Plans of Mural’s cloud based collaboration platform (“Mural Platform”) and supplements their Agreement for Mural’s Services. Any capitalized terms that are not defined in this SLA have the meanings assigned to such terms in the Main Services Agreement or equivalent agreement governing the relevant Services.
Mural will use commercially reasonable efforts to make the Mural Platform available in accordance with the standards set forth below in Section 2 (Service Level Standards), Section 3 (Service Availability), and Section 4 (Support Standards). This SLA only applies to production instances of our generally available and browser-based versions of the Mural Platform; Integrations, API calls, mobile experiences, and any pre-release, staging environment, sandbox environment, or Product Research experiences are excluded If we fall short of the Service Level targets and your Workspace(s) are affected, Service Credits for future use of our Mural Platform are set forth below in Section 5 (Service Credits). THIS SERVICE CREDIT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE TO MEET THE TARGETS SET FORTH IN THIS SLA.
The Services will meet the following “Service Level Standards”:
2.1 Platform. Mural will maintain its hardware, operating systems, and other software, equipment and resources as necessary to maintain the Mural Platform in accordance with this SLA. The hosting equipment will be installed in a professional hosting facility designed for such use. The facility will be equipped with access security, climate control, fire suppression, managed power supply with UPS, and generator backup.
2.2 Load Distribution Management. Mural will distribute load and redundancy across application servers.
2.3 Monitoring. Mural will provide 24x7x365 monitoring of the computing, operating and networking infrastructure to detect abnormalities. This includes environmental monitoring, network monitoring, load balancing monitoring, web server and database monitoring, firewall services, and intrusion detection.
2.4 Backup and Recovery. Mural will perform regular backups of Customer Content in accordance with our standard backup and archival policies and procedures, which Mural will make available to you upon request. In the event Customer Content is deleted by the Customer, upon Customer’s request Mural will use commercially reasonable efforts to restore the lost Customer Content based on our most recent backup. Any such request to restore lost Content must be made within thirty (30) days of the loss.
2.5 Upon Termination. For a period of one (1) month following termination of the Agreement or the expiration of an Order Form that is not renewed through another Order Form (if applicable to you), upon Customer’s request Mural will reopen Customer’s Workspace(s) for a limited period (typically two (2) to three (3) days) to allow Customer to export their Workspace Content. Mural will not provide any transition services or provide any export assistance to Customer.
3.1 Uptime Commitment. For purposes of this SLA, “Uptime” is the percentage of total possible minutes that the Mural Platform is available and accessible on a monthly basis. Our commitment is to maintain at least 99.5% Uptime.
(Total minutes in a month - Downtime) / total minutes in a month > 99.5%
3.2 Downtime. For purposes of this SLA and our Uptime commitment, “Downtime” is the number of minutes the Mural Platform is not available and accessible on a monthly basis, and is calculated as the sum of 100% of the minutes spent in Full Outage and 30% of the minutes spent in Partial Outage. Mural calculates unavailability using server monitoring software to measure the server side error rate, ping test results, web server tests, TCP port tests, and website tests. Downtime may encompass periods of time when the Mural Platform are completely inaccessible (a “Full Outage”) and periods of time when only certain features or functionality are unavailable (a “Partial Outage”). Downtime excludes the following:
3.2.1 Planned Downtime. Sometimes we need to perform maintenance to keep the Mural Platform working smoothly. For such regularly scheduled maintenance windows (“Planned Downtime”), we will notify you reasonably in advance, and strive to provide notice at least two (2) weeks in advance. We also commit that Planned Downtime will take place:
Planned Downtime will not exceed five (5) hours per month in the aggregate.
3.2.2 Emergency Maintenance. Sometimes we need to do emergency maintenance on the Mural Platform, such as for example an emergency security patch, in the event of a hardware failure, or high priority fixes identified as a result of an outage. For such maintenance (“Emergency Maintenance”), we will notify reasonably in advance depending on the circumstances of the Emergency Maintenance, and strive to provide notice at least twenty-four (24) hours in advance. Whenever possible, Emergency Maintenance will take place so as to minimize potential business disruption. Please note however, that due to our global customer base, we cannot guarantee that Emergency Maintenance will always take place during a particular window of time and that Customer access to the Mural Platform will not be disrupted.
3.3 Status Updates. Reports on service availability may be accessed by Customer 24x7x365 on https://status.mural.co (the “Status Site”). The Status Site contains a mechanism for Customers to subscribe to receive notifications of Planned Downtimes, Emergency Maintenance, Downtime, and other status updates related to this SLA. Mural will provide the notices described in this SLA and other details regarding status of the Mural Platform solely via this subscription mechanism on the Status Site.
Mural shall a) assign appropriate technical personnel to support issues, b) provide an initial acknowledgement and assign a case number; and c) will respond to each electronic correspondence (whether chat or email) received from Customer on support issues regarding the Mural Platform in accordance with the table below. We will also make available a representative to receive telephonic communication.
In addition, Mural shall use commercially reasonable efforts to meet the resolution timeframes set forth in the table below; in each case to be measured commencing when Customer submits a ticket or otherwise formally reports the issue to Mural through the channels listed in the table below.
“Interim Resolution” means a functional but temporary solution to the reported problem, which can be used by Customer with minimal inconvenience.
“Final Resolution” means a final correction or modification to the Mural Platform that resolves the issue.
If we fall short of either our Uptime commitment (Section 3.1), support standards (Section 4), or backup and recovery service level standards (Section 2.4), during a particular calendar month in your Subscription Term , you may be eligible for a “Service Credit” for that month.
5.1 Downtime Service Credits. Downtime Service Credits are based on the relevant portion of the subscription fees for the impacted Mural Platform in such month, calculated as follows:
Note that Downtime does not affect everyone at the same time or in the same way. For example, some customers may be eligible to receive Service Credits during an outage in their region, while other customers in other regions that have not been similarly affected will not.
5.2 Support Service Credits. Support Service Credits are based on: the on-time percentage for the response and resolution times outlined in Section 4 (Support Standards), multiplied by the number of qualifying events occurring in each month and the monthly portion of total annual fees due (or monthly fees due, if applicable) in such month:
For example, if there are ten (10) Severity Level 2 issues reported by Customer in September, and Mural is able to achieve its target response time and Final Resolution for 8 of those issues, then the Service Credit due for September is calculated as follows:
5.3 Data Recovery Service Credits. If Mural fails to restore Customer Content in accordance with the backup and recovery service level standards set forth in Section 2.4 above, then Mural will provide Customer with a service credit of $500 per event, up to 100% of the Customer’s monthly fees due (or the monthly portion of total annual fees due, if applicable) in such month.
5.4 Requesting Service Credits. Customers must request Service Credits within thirty (30) days after the end of the impacted month by contacting their dedicated Mural account manager. Mural will review all requests for Service Credits and, if Customer is eligible, will apply the Service Credits to Customer’s next invoice.
5.5 Limitations. For Service Credits to apply, all outstanding Invoices must be fully paid up. Service Credits not transferable or refundable, and have no currency or exchange value. Service Credits are capped at a maximum of 30 days of paid Service. Upon expiration or termination of your Agreement, any unused Service Credits that have accrued to your account will expire.