Service Level Agreement (SLA)

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of this SLV:

”You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable (also referred to as either " Customer", "You", "Yours", "Buyer", "User", “Consumer” in this Agreement).

“Account” means a unique account created for You to access our Service or parts of our Service. There are free account types and account types which require a paid subscription.

“Thweis” means the company providing the Service and/or its subsiddiaries, affiliates, officers and employees. (also referred to as either "Thweis UG (haftungsbeschränkt)", "We", "Us", "Our", “Tradealyze”, “Seller” in this Agreement)

“Service” refers to the software as a service (also referred to as "SaaS”) or cloud solution, digital products or other digital electronic services which Thweis provides on this Website. The Service includes free plans and paid subscription plans for SaaS, blog articles and other resources which are online available on this Website.

“SLA” refers to Our service level agreement for this Website, accessible from www.tradealyze.com/service-level-agreement

“Legal Disclaimers” refers to Our legal disclaimers for this Website which provide detailed information regarding the liability and/or risks associated with our Service including disclaimers of warranties and limitations of liability, accessible from www.tradealyze.com/disclaimer

“Website”  refers to this website, accessible from https://www.tradealyze.com

“Terms”  mean these general terms and conditions, the Legal Disclaimers and the Service Level Agreement that form the entire agreement between You and Thweis regarding the use of the Service.

“Service Credits” means the time (as a percentage) a User is awarded as set out in section 2. Penalties for breaches, up to a cumulative total of 100% in any monthly term, as a result of a breach of this SLA

“Availability” means the availability of a Service is the percentage of time a Service’s specified functionality is generally operating calculated per calendar month and measured using industry standard monitoring tools and software, excluding Scheduled Maintenance and Emergency Maintenance

“Emergency Maintenance” means any time outside of the Scheduled Maintenance Window in which Thweis is required to apply urgent patches or fixes or undertake other urgent maintenance activities. If Emergency Maintenance is required, Thweis will contact the User and provide the expected start time and the planned duration of the Emergency Maintenance and if Thweis expects the Service to be unavailable during the Emergency Maintenance.

“User Equipment” means the equipment used by the User to access this Website and the Service. Including but not limited to the type of device (smartphone, tablet, computer), operating system, browser and the internet connection.

Acknowledgment

Our Terms and Conditions, including Our Legal Disclaimers and Service Level Agreement (hereinafter referred to as the "Terms"), apply to all visitors to this Webite and govern the use of the Service and the entire agreement that exists between You and Thweis in the respective version at the time of use/visit.

Your access to the Website and use of the Service also requires that you acknowledge receipt of Thweis' Privacy Policy and that you set your Cookie Preferences.

Please read our documents carefully before continue browsing the Website or using the Service.

1. Availability

Thweis guarantees an availability of the Website and the Service of at least 95% uptime percentage over a rolling period of one month (31 calender days). This uptime equals a downtime of roughly 1 day and 12 hours over the span of 31 calender days.

Thweis does not gurantee a uptime for data we receive from our third party data providers. If a current price quote is not correct or delayed a User can always input the actual quote of an instrument manually based on better information available. If fundamental data is missing, a User can get that data from multiple other sources.

2. Support severity and time-to-respond

At Thweis we base our response times and the actions we take to resolve your problem on an assesment of the serverity of the problem and how it can impact You as well as other customers.

Service request definitions:

Critical (Priority 1): The problems results in extremely serious interruptions of the Users workflow and has effected, or could effect, Our whole customer base. Data integrity is compromised or could be compromised if the problem persists. The service request requires immediate processing.

Important (Priority 2): The problem does not impair essential operations, and data integrity is not at risk. The problem might result in a degredation of performance, the inability to use a specific non-critical feature or a degredation of quality of life features.

Standard: All other standard support requests and especially those which are not Service affecting are of lower priority.

Our maximum response time for priority 1 and 2 support requests can be up to 36 hours. However, our response time is usually much shorter. The response time for standard support requests depends on the number of higher priority requests in queue at that time. We typically respond to any standard request within 7 business days.

3. Penalties for breaches

If Thweis violates this SLV, the User will be compensated with "service credits" that will allow the User to use our Website and Service free of charge for a specified length of time.

Service credits means the percentage of the monthly supscription fees paid or payable for the use of the Service is awared to the User for a validated claim associated with that portion of the Service related to a breach of the applicable SLA during that month.

In any given month the User shall in no event be entiteled to recive a Service Credit that exceeds 100% of the monthly subscription fee for the nonconforming part of the Service.

The maximum Service Credit a User can receive depends on the account type:

• BASIC Account type; maximum amount of service credits: none
• PRO Account type; maximum amount of service credits: 100% of the monthly subscription fee
• THWEIS-Link Account type; maximum amount of service credits: 100% of the monthly subscription fee of the PRO Account type.

The length of time awarded as a Service Credit for unavailability is as follows:

• Service availability: >= 95%; Service Credit: none
• Service availability: 80% to 95%; Service Credit: 33% awarded
• Service availability: < 80%; Service Credit: 100% awarded

Any Service Credits earned by the User hereunder will be applied to the subscription fees owed by the User for the next Service subscription period for which the Service Credits applies. Service Credits earned by User hereunder will be applied against amounts due for an extension term.

4. Exclusions

The User shall not have any remedies under any SLA to the extent any SLA claim is due to:

(i) use of the Service outside the scope described in the Terms;

(ii) Customer equipment and/or third party software, hardware or network infrastructure outside of Thweis data center and not under the direct control of Thweis;

(iii) failure of User to meet the configuration requirements for User Equipment set forth in the documentation;

(iv) unavailability of one or more specific features, functions within the Service which depend on data from third-party data providers, while other key features remain available;

(v) a Force Majeure Event.

The User is responsible for failures of the equipment, devices or software used to access the Service.

5. Claims process

The User must notify Thweis Customer Support via support ticket or e-mail within five (5) business days from the occurrence of the SLA incident. Users claim ticket must identify the details of the relevant incident. Only the User may open SLA tickets. Failure to comply with these reporting requirements may forfeit Users right to receive a remedy, e.g., Service Credit, in connection with this SLA.

For all claims subject to validation by Thweis, Thweis will use log files, database records, audit logs, and any other information available to validate claims and make a good faith judgment on the applicability of the SLA to said incident. Thweis shall make information used to validate an SLA claim available to the User.

In the event that more than one aspect of the Service is affected by the same root cause, the single SLA applicable to such Service of Users choosing may be claimed, and no other claim will be validated or otherwise allowed for that event.

Except for the liability cases such as gross negligence or willful misconduct set forth in Thweis Legal Disclaimers, the remedies set forth herein represents the Users sole and exclusive remedy for Thweis breach of the SLA.