TrustCaptcha Service Level Agreement (SLA)

During the Term of the service contract (hereinafter referred to as the Agreement) under which TrustCaptcha has agreed to provide CAPTCHA protection services to the Service User, the Covered Service will provide a Monthly Uptime Percentage to Service User of at least 99.9% (the “Service Level Objective” or “SLO”).

If TrustCaptcha does not meet the SLO, and if Service User meets its obligations under this SLA, the Service User will be eligible to receive the Financial Credits described below. This SLA states the Service User’s sole and exclusive remedy for any failure by TrustCaptcha to meet the SLO. If the Agreement authorizes the resale or supply of TrustCaptcha CAPTCHA protection services under a TrustCaptcha partner or reseller program, then all references to Service User in this SLA mean Partner or Reseller (as applicable), and any Financial Credit(s) will apply only for impacted Partner or Reseller order(s) under the Agreement.

Definitions

The following definitions apply to the SLA:

• “Service User” is any account actively using and paying for a TrustCaptcha service plan that includes the SLA.
• “Back-off Requirements” means, when an error occurs, Service User is responsible for waiting for a period of time before issuing another request. This means that after the first error, there is a minimum back-off interval of 1 second and for each consecutive error, the back-off interval increases exponentially up to 32 seconds.
• “Covered Service” means generating verifications using the TrustCaptcha Verification API.
• “Downtime” means more than a 5% Error Rate. Downtime is measured based on server-side Error Rate.
• “Downtime Period” means a period of one or more consecutive minutes of Downtime. Partial minutes or intermittent Downtime for a period of less than one minute will not be counted towards any Downtime Periods.
• “Error Rate” means the number of Valid Requests that result in a response with HTTP Status 5xx and Code “Internal Error” divided by the total number of Valid Requests during that period. Repeated identical requests do not count towards the Error Rate unless they conform to the Back-off Requirements.
• “Financial Credit” means the Percentage of monthly bill for the Covered Service that does not meet SLO that will be credited to future monthly bills of Service User
  • 99% – < 99.9%: 10% Financial Credit
  • 95% – < 99.0%: 25% Financial Credits
  • < 95%: 50% Financial Credits
• “Monthly Uptime Percentage” means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
• “Valid Requests” are requests that conform to the TrustCaptcha Documentation, and that would normally result in a non-error response.

Service User must request financial credit

In order to receive any of the Financial Credits described above, Service User must notify TrustCaptcha support at https://www.trustcomponent.com/en/contact-us within 30 days from the time Service User becomes eligible to receive a Financial Credit. Service User must also provide TrustCaptcha with identifying information (e.g., Site-Key) and the date and time Downtime errors occurred. If Service User does not comply with these requirements, Service User will forfeit its right to receive a Financial Credit. If a dispute arises with respect to this SLA, TrustCaptcha will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information.

Maximum financial credit

The total maximum number of Financial Credits to be issued by TrustCaptcha to Service User for any and all Downtime Periods that occur in a single billing month will not exceed 50% of the amount due by Service User for the Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.

SLA Exclusions

This SLA does not apply to: (a) features designated pre-general availability (unless otherwise stated in the associated Documentation), (b) features excluded from the SLA (in the associated Documentation), or (c) errors: (i) caused by factors outside of TrustCaptcha’s reasonable control; (ii) that resulted from Service User’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviours that violate the Agreement; or (iv) that resulted from quotas applied by the system or listed in the Admin Console.

Changes to the SLA

TrustCaptcha may adapt this SLA at any time. TrustCaptcha will provide reasonable notice via the website and/or by email. In the event of a substantial reduction in benefits, TrustCaptcha will inform the service users at least 30 days in advance.

Version 23.6.1