This page sets forth OpenZeppelin’s Service Level and Support Agreement (the “SLA”) for users that purchase a Defender Subscription tier that explicitly includes this SLA (each a “you” or “User”). Capitalized terms used but not defined herein have the definition set forth in the Terms of Service at https://www.openzeppelin.com/tos (the “Terms”). In the event of a conflict between the terms of this SLA and the Terms (or if applicable, another contractual agreement), the terms and conditions of this SLA apply, but only to the extent of such conflict.

1. Defender Uptime. OpenZeppelin will use commercially reasonable efforts to make Defender generally available to you with a Monthly Uptime Percentage of at least 99.9% during any calendar month that you maintain a paid Subscription to Defender that explicitly includes this SLA (the “Uptime Commitment”). For clarity, the Uptime Commitment only applies to your use of Defender and not any other OpenZeppelin products or services.

2. Service Credits.  In the event that Defender does not meet the Uptime Commitment, Client may claim a US dollar credit that may be used to purchase future Defender subscriptions (“Service Credits”), subject to the terms below. Service Credits are calculated as a percentage of the Subscription fees actually paid by you (excluding one-time payments such as implementation fees or excess usage above your quota) for Defender for the calendar month in which the Uptime Commitment was not met, as set out in the table below. Fees paid on an annual basis will be considered on a pro-rata monthly basis to calculate Service Credits.

“Monthly Uptime Percentage” is calculated by measuring the uptime data from Defender internal and external API gateways and Defender content delivery network by subtracting from 100% the percentage of minutes during the month in which the Client was unable to access Defender or a material feature thereof (“Unavailability”). Please review Section 5 (Exclusions) below for important information regarding the Monthly Uptime Percentage calculation.

3. Reporting Unavailability. To receive Service Credits, you must notify OpenZeppelin by submitting a support issue by emailing defender-support@openzeppelin.com with the following information:

1. name, tenant ID, and contact information; 
2. the dates and times of each Unavailability incident you are claiming;
3. a detailed explanation of the Unavailability (any confidential or sensitive information should be removed or replaced with asterisks); and
4. any other supporting information.

4. Claiming Service Credits. If the Monthly Uptime Percentage is confirmed by OpenZeppelin and is less than the Uptime Commitment, then OpenZeppelin will issue the related Service Credits to you within one month following our receipt of the Service Credits request. You may only apply Service Credits against future Defender subscription payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from OpenZeppelin. Notwithstanding anything to the contrary in this SLA or the Terms, Service Credits and Support are the Client’s sole and exclusive remedy under this SLA and are OpenZeppelin’s entire liability with respect to any claims in connection with or arising from OpenZeppelin’s obligations under this SLA.

5. Exclusions.  The Uptime Commitment does not apply to any Unavailability, suspension or termination of Defender access, or any other Defender performance issues, directly or indirectly resulting from or in connection with: 

1. use of Defender in violation of the Terms; 
2. use of Defender in a way that is not specified in the documentation; 
3. use of Defender where you have not performed required maintenance, migration, or upgrade tasks; 
4. use of any Free or Beta Services;
5. scheduled maintenance, which will be conducted following at least forty-eight (48) hours advance notice through normal channels;
6. Unavailability caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems;
7. Unavailability caused by any Third-Party Services or any downtime or scheduled maintenance of Third-Party Services, including without limitation any volatility, downtime or disruption of a Protocol (including those supported by Defender); or
8. a bug or malfunction that affects your use of Defender or a material feature thereof but does not affect other users of Defender, which will be handled in accordance with Section 6 below.

For example, Unavailability does not include a situation where a Relayer or Transaction Proposal does not execute due to an external Third-Party Service issue, as this type of issue arises due to the performance issues of a third-party (e.g. a Protocol) and not Defender itself (e.g. due to an increase in gas prices on such Protocol), or an issue with a wallet provider (e.g. Metamask, Gnosis Safe, or Fireblocks).

DEFENDER TECHNICAL SUPPORT

6. Support. OpenZeppelin will use commercially responsible efforts to diagnose and resolve Defender technical issues in accordance with this section (“Support”). The level of Support is determined by your Subscription tier and the issue severity, as determined below . You acknowledge that the time required for resolution of Defender issues may vary depending on the specific circumstances of the issue, including, without limitation, the nature of the incident, the extent and accuracy of information available about the incident, and the level of your cooperation and responsiveness in providing materials, information, access and support reasonably required by OpenZeppelin to achieve a resolution.

7. Support Channels. Defender technical issues may be reported to OpenZeppelin through the support channels set out in the table below. For support issues received through a user’s dedicated Slack Support Channel, the Defender In-app Support Form, or email (defender-support@openzeppelin.com), OpenZeppelin will provide an initial confirmation to a user to indicate that their support issue has been received (“Acknowledgement”). 

Please note that the OpenZeppelin Forum is a community-driven forum that can provide helpful answers to many issues that users face, however it is not a formal support channel and therefore no SLAs are offered for support issues shared in the OpenZeppelin Forum.

8. Severity Levels. Upon receiving a reported Defender technical issue, OpenZeppelin will log the issue and determine an initial severity level based on the user report (which may be adjusted upon further investigation). OpenZeppelin will respond to Support requests according to the severity levels and Support levels specified in the tables below. OpenZeppelin will determine, in its sole discretion, the applicable severity level and all response times shall commence at the beginning of the next business day for requests for issue resolution that are logged during non-business hours, unless otherwise specified herein.

9. Professional Tier. Users who purchase a Professional tier Subscription will be provided with the following Support levels:

10. Enterprise Tier. Users who purchase an Enterprise Subscription will be provided with the following Support levels: