Denticon Service Level Agreement

Effective date: December 21, 2023
Last updated: December 21, 2023

This Denticon Service Level Agreement (“SLA”) describes our service level commitments to Denticon clients.

This SLA is subject to the Software-as-a-Service Agreement (the “Agreement”) between the applicable Denticon subscriber (“Client”) and PDDS Buyer, LLC (“PDDS,” “our” or “we”). In the event of any conflict between this SLA and the express terms of the Agreement, including any individually negotiated service level commitments contained therein, the terms of the Agreement will control. Capitalized terms used but not otherwise defined herein shall have the meanings assigned to them in the Agreement.

We may update this SLA from time to time; it was last updated as of the effective date set forth above. Unless otherwise expressly agreed in the Agreement, any updates to this SLA will apply from and after the effective date of their publication.

1- Scheduled Downtime. From time to time, PDDS will schedule downtime for the performance of scheduled maintenance or the implementation of updates to the Services after testing has been completed (“Scheduled Downtime”). PDDS will use commercially reasonable efforts to schedule any Scheduled Downtime outside of normal business hours and to provide notice to Client via https://status.planetdds.com prior to the occurrence of Scheduled Downtime. However, the foregoing will not limit our ability to implement downtime as needed to more quickly resolve or prevent an issue, even if such downtime is not scheduled in advance.

2- Uptime Commitment. PDDS commits to maintain at least 99.5% Service Uptime, as calculated over a calendar month. “Service Uptime” is defined as the percentage of time during the applicable month in which the Services are accessible from a working internet connection. Calculation of Service Uptime will not include, and PDDS will not be responsible for, any downtime which (a) lasts for less than [15] minutes, (b) results from Scheduled Downtime, (c) results from the failure of communication or internet services or other outside service or equipment or software beyond our reasonable control, including without limitation, general network outages; (d) results from use of the Services in breach of the Agreement or other user errors, (e) results from Client’s equipment, software or other technology, (f) results from third-party acts, services or systems not provided by PDDS or included by PDDS as part of the Services, or (g) relate to our preview or other pre-release features (beta functionality).

3- Service Level Credits. In the event PDDS fails to meet the uptime commitment described above in any calendar month, Client will be entitled to a credit, calculated as a percentage of the monthly subscription fees payable by Client for the affected Services for the calendar month in which the failure occurs (a “Service Level Credit”) in accordance with the following schedule:

4- Reporting. PDDS monitors performance of the Services and reports outages and other critical issues on a status page accessible to Client at https://status.planetdds.com/.

5- Procedure for Receiving a Service Level Credit. In order to receive a Service Level Credit, Client must request the credit in writing to [email protected] within thirty (30) days after the occurrence of a failure by PDDS to meet the applicable uptime commitment. All valid Service Level Credit requests will be applied to Client’s next monthly invoice, or, in the case where a timely request is made and becomes due following the date all invoices have been paid, PDDS will refund the applicable Service Level Credit to Client within thirty (30) days after receiving the request.