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This Project StoryShare API Service Level Agreement ("SLA") governs the use of the Project StoryShare API under the terms of the Project StoryShare Terms of Service (the "TOS") between Project StoryShare, Inc. ("Project StoryShare", "us" or "we") and users of the Project StoryShare API ("you" or "Customer"). This SLA applies separately to each account using the Project StoryShare API.
Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. Project StoryShare reserves the right to change the terms of this SLA in accordance with the TOS.
To apply for a Service Credit, the customer must submit a ticket via the Account Portal within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) "SLA Claim" as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Project StoryShare API, or anyother Project StoryShare API performance issues, that (i) are caused by factors outside of Project StoryShare's reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Project StoryShare or its direct hosting subcontractors (i.e beyond the point in the network where Project StoryShare maintains access and control over the Project StoryShare Services); (ii) result from any actions or in-actions of Customer or any third party (other than Project StoryShare's direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Project StoryShare's direct control); or (iv) arise from Project StoryShare's suspension and termination of Customer's right to use the Project StoryShare Services in accordance with the TOS, (v) scheduled maintenance and/or on-going upgrades; or (vi) problems or issues related to alpha, beta or not otherwise generally available Project StoryShare features or products (collectively, the "Exclusions").
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Project StoryShare Services or other failure by us to provide the Project StoryShare Services.