Service Level Agreement

1. Scope

1.1 This Service Level Agreement ("SLA") is between Intempt Technologies LLC ("Intempt") and the customer that subscribes to the Services under the Customer Terms of Service ("Customer"), and forms part of the Customer Terms of Service (the "Agreement").

1.2 This SLA has two service levels, Standard and Premium, as described in Section 7.5 of the Product-Specific Terms. Standard applies to every paid Professional, Organization and Enterprise subscription. Premium applies only to an Enterprise subscription where an Order Form or Amendment includes it. The Free plan has no Service Commitment and no Service Credits.

1.3 For service levels, Service Credits and the termination right in Section 7, this SLA controls over the General Terms and the Product-Specific Terms; for all other matters, they control. An Order Form or Amendment that expressly modifies this SLA controls for that subscription.

2. Definitions

2.1 Capitalized terms not defined in this SLA have the meanings given in the Agreement. References to Sections are to this SLA unless stated otherwise.

3. Covered Services and Service Commitments

3.1 In each Month, for each Covered Service, Intempt will meet the Monthly Uptime Percentage or p95 Latency stated below for the service level of the subscription (each a "Service Commitment"). On the uptime Covered Services, Standard is 99.9%, and Premium is 99.99% for 1st Party Data Collection and 99.95% for the Console. The latency Covered Services carry a p95 Latency Service Commitment on Premium only, at or below the stated time; Standard has no latency Service Commitment and earns no Service Credit for latency. The 99.99% Service Commitment applies to 1st Party Data Collection on Premium only.

3.2 The Service Commitments are those of the subscription's service level unless an Order Form or Amendment states otherwise. Failure to meet a Service Commitment is not, by itself, a breach of the Agreement. Customer's remedies are set out in Sections 5 to 7 and 13.1.

3.3 Each Covered Service is measured at platform level, not per customer, project, destination or feature. Uptime is measured by Intempt's external availability monitoring, and latency by Intempt's processing, sync and delivery records. Data Pipelines is measured on Intempt's side only. Intempt's records control.

3.4 Section 11 applies to every Covered Service. In addition, for each Covered Service:

3.5 1st Party Data Collection

1. Measured at the event collection endpoints at api.intempt.com.
2. Excludes SDKs or webhooks not installed or configured as documented, and blocking by end users' browsers, ad blockers or networks.

3.6 Experiences and Recommendations

1. Measured at the Experiences service and the Recommendations API. Latency is the response time from receiving a request until Intempt returns a response, measured as the p95 across the Month's requests. Requests that return an error are excluded from the Latency population.

3.7 Console

1. Measured on Intempt's side at the console backend endpoints: intempt.com and the Intempt APIs at api.intempt.com that serve the console, other than the event collection endpoints.
2. Excludes Customer's devices, operating systems and networks, and the Desktop app, the Mobile app, the CLI and the MCP server, which are not Covered Services.

3.8 Segmentation

1. Latency is the time from Intempt accepting an event until it is applied to the profiles, identity and segment membership it affects, measured as the p95 across the Month's events. Membership changes caused by the passage of time rather than an event are not measured.
2. Excludes identity and segment rules as configured by Customer.

3.9 Data Pipelines

1. Latency is the time from Intempt accepting the triggering event until Intempt runs the step, first sends the event or the batch containing it to the destination, or hands the message to the sending provider, measured as the p95 across the Month's events. Retries after the first send, and steps started by a schedule or the passage of time rather than an event, are not measured.
2. Excludes outages, errors and rate limits of the destination or sending provider; filtering or rejection by carriers and mailbox providers; delays, wait steps and schedules configured by Customer; and events not selected by Customer's destination settings.

3.10 Analytics

1. Latency is the time from Intempt accepting an event until it is available for query, measured as the p95 across the Month's events. Query run time is not measured, and queries run through the Console are covered by the availability of the Console.
2. Excludes queries above documented query limits or plan limits.

4. Plans

4.1 The Free plan has no SLA. It is provided as available, with community and self-serve documentation support and no response commitment.

4.2 Professional and Organization subscriptions receive Standard and support by email. Where practicable, Intempt handles Organization tickets ahead of Professional tickets of the same Severity.

4.3 Enterprise subscriptions receive Standard as modified by any Order Form or Amendment, and support through a Support Channel. Premium and a named customer success manager apply where an Order Form or Amendment includes them.

4.4 This SLA applies only while the subscription is active. No Service Credit is earned for any period of suspension under the Agreement, or for any Month in which undisputed fees were more than 30 days overdue.

5. Service Credits

5.1 If a Covered Service misses its Service Commitment and Customer submits a valid claim under Section 6, Intempt will issue the Service Credit below, based on that Covered Service's Monthly Uptime Percentage or p95 Latency for the Month and the Service Commitment of the subscription's service level.

5.2 One Service Credit applies per Month, at the highest band reached by any Covered Service. Service Credits do not stack.

5.3 Service Credits for a Month will not exceed 20% of the Applicable Monthly Fees for that Month. The exclusions in Section 11 apply before any Service Credit is calculated.

5.4 Intempt will apply an approved Service Credit to the next invoice for the Services. Service Credits have no cash value, are not transferable and are not refunds. If no invoice falls due before the Subscription Term ends, Intempt will apply the Service Credit to the renewal Order Form or, if Customer does not renew, extend the Subscription Term by the same value. Service Credits not applied by either route lapse when the subscription ends.

6. Claims

6.1 To receive a Service Credit, Customer must submit a claim through a Support Channel within 30 days after the end of the Month in which the Service Commitment was missed.

6.2 The claim must state the affected Covered Service, the dates and times of the impact, and the organization and project affected.

6.3 Intempt will verify the claim against its own monitoring and delivery records, which control, and notify Customer of the result.

6.4 A missing or late claim forfeits the Service Credit.

7. Termination for Repeated Failure

7.1 If any Covered Service reaches its 20% Service Credit band (an uptime Covered Service below 99.0%, or, on Premium, a latency Covered Service above 2x its Service Commitment) in 3 Months of any 6 consecutive Months, Customer may terminate the affected subscription on written notice to Intempt.

7.2 On termination under Section 7.1, Intempt will refund the prepaid fees for the unused portion of the Subscription Term of the terminated subscription.

8. Order Forms and Amendments

8.1 An Order Form or Amendment may state a different Service Commitment, credit schedule, service level or other service terms for its subscription. This SLA governs anything it does not state.

9. Support

9.1 Customer will open tickets through a Support Channel, stating the organization and project, the Severity, the impact, when it started and, where possible, steps to reproduce it. Response times run from Intempt's receipt of the ticket through a Support Channel. Tickets raised through any other route are not covered by this SLA.

9.2 Severity levels:

9.3 Customer assigns the initial Severity. Intempt may change it, with reasons stated in the ticket, where it does not match Section 9.2, and Customer may escalate under Section 9.6. A Severity 1 ticket requires a reachable Customer contact for as long as it remains at Severity 1; if none is available, Intempt may lower the Severity until one is.

9.4 Intempt will use commercially reasonable efforts to meet the following First Response times, which are not resolution times. Standard times apply to every paid subscription. Premium times apply to tickets opened in the Dedicated Channel of a Premium subscription.

9.5 After the First Response, Intempt will use commercially reasonable efforts to: (a) for Severity 1, work on the issue continuously until service is restored or a workaround is in place, at any time on Premium and otherwise during Business Hours and during any Platform Incident; (b) for Severity 2, work on the issue during Business Hours, and outside them on Premium where the impact requires, with updates at least once each Business Day; and (c) for Severity 3, respond in the ordinary course, which may include a future release.

9.6 Tickets escalate through the following matrix, which is the same at every service level:

9.7 In a Dedicated Channel, a Linear agent turns every request into a tracked issue and escalates it by Severity, and every level of the matrix is a member of the channel. Customer may escalate a ticket, including a request to change its Severity, by tagging the next level in the ticket's thread. Without a Dedicated Channel, Customer may escalate by reply to the ticket. Customers with a named customer success manager may also escalate through them.

9.8 Support covers all Services under a paid subscription as documented. It does not include building campaigns, content, integrations or custom code, or third-party products except where they connect to the Covered Services.

9.9 Customer will keep the membership of its Dedicated Channel current, provide a reachable contact for any Severity 1 ticket, give Intempt the access and information it reasonably requests, and follow the documented retry and back-off guidance.

10. Maintenance and Incidents

10.1 Intempt will announce Scheduled Maintenance on status.intempt.com at least 48 hours in advance and, where practicable, schedule it to limit disruption.

10.2 Intempt will give as much notice of Emergency Maintenance as the circumstances allow. Emergency Maintenance is not Scheduled Maintenance.

10.3 Intempt will publish the status of the Services and of each Platform Incident on status.intempt.com, updating it at regular intervals until the incident is resolved. If a Covered Service misses its Service Commitment in a Month, Intempt will provide a summary of the cause on request.

11. Exclusions

11.1 The Service Commitments, Service Credits, the termination right in Section 7 and the First Response times do not apply to any shortfall resulting from:

1. Scheduled Maintenance;
2. suspension or other action taken under the Agreement, including for non-payment or breach of the Acceptable Use Policy;
3. events beyond Intempt's reasonable control, including force majeure events under the Agreement and internet or network failures outside Intempt's network;
4. an outage of, or change made by, a third-party platform or provider that Intempt does not control, including Intempt's cloud infrastructure provider, AI model, email, SMS, push, messaging and data enrichment providers, app stores, and third-party applications and sources Customer connects to the Services;
5. acts or omissions of Customer or anyone using its credentials, including configuration changes, misuse, and failure to follow the documentation or Intempt's reasonable instructions;
6. the equipment, software, networks or connectivity of Customer or its end users;
7. usage above documented rate limits or the limits of Customer's plan, or an increase in request volume of more than three times Customer's trailing 30-day daily average not notified to Intempt at least 5 Business Days in advance;
8. requests or data that do not reach a Covered Service, or that are malformed, unauthenticated or rejected by validation;
9. for Data Pipelines, a destination or sending provider that is unavailable, rejects or throttles delivery, or has invalid credentials or configuration; and, for Data Pipelines, bulk imports, historical backfills (including the first backfill of a newly connected source) and replays;
10. denial-of-service or other attacks that Intempt could not reasonably mitigate using industry-standard protections;
11. use of an API version, SDK, integration, or version of an app or the CLI that Intempt has deprecated on at least 90 days' notice or that is older than the versions Intempt documents as supported;
12. throttling or isolation that Intempt applies in good faith to Customer's account to protect the Services or other customers;
13. Beta Features, and any feature identified as preview, pilot, early access or trial;
14. the Free plan, any trial or evaluation period, and any Pilot under Section 3.8(b) of the General Terms;
15. non-production environments and projects;
16. any period of onboarding or implementation, and the 30 days after it ends;
17. any period for which Customer has agreed in writing to suspend this SLA;
18. for First Response times, a ticket not opened through a Support Channel, or any period during which Intempt is waiting for information or access from Customer; or
19. Emergency Maintenance, up to a total of 3 hours in any Month; any Emergency Maintenance exceeding that in a Month is not excluded.

11.2 Exclusions (b), (e), (f), (g), (h), (i), (l), (o), (p), (q) and (r) apply only to Customer's own calculations. Intempt may, at its discretion, issue a Service Credit for a shortfall not captured by the calculations in this SLA.

12. Matters Not Covered

12.1 Unless an Order Form or Amendment expressly provides otherwise, this SLA makes no commitment, and no Service Credit applies, as to: (a) any latency percentile other than the p95 Latency stated in Section 3.1; (b) delivery of a message by an email, SMS, push or messaging provider, or its arrival in an inbox or on a device; (c) the accuracy, completeness or suitability of AI outputs, enrichment data, predictions or recommendations; (d) recovery point or recovery time objectives for Customer Data; or (e) the time by which any issue will be resolved.

13. General

13.1 Sole remedy. Except as stated in an Order Form or Amendment, Service Credits and the termination right in Section 7 are Customer's sole and exclusive remedies for any failure by Intempt to meet this SLA. Such a failure is not, by itself, a breach of Section 10.1 of the General Terms or a material breach under Section 4.3 of the General Terms.

13.2 Liability. Service Credits are a price adjustment. They count toward, and reduce, Intempt's aggregate liability under Section 10.4 of the General Terms, and are subject to Section 10 of the General Terms.

13.3 No set-off. Customer may not withhold, deduct or set off any amount against fees because of a pending or disputed Service Credit.

13.4 Changes. Intempt may update this SLA on 30 days' notice given under Section 12.6 of the General Terms. A change that reduces a Service Commitment, response time, Service Credit or the termination right in Section 7 does not apply to Customer until the end of the Subscription Term in effect when the notice is given.

13.5 Contact. hey@intempt.com | Intempt Technologies LLC, 221 W 9th St PMB 276, Wilmington, DE 19801