This Service Level Agreement (the "SLA") applies to and is incorporated by reference into the Agreement entered into between Fonn Group AS ("Fonn") and the customer identified in the applicable Order Form ("Customer") regarding the provision of Services from Fonn to Customer. Capitalized terms used herein shall have the meaning assigned to them in the Agreement.
Fonn may modify this SLA from time to time by posting the amended SLA to Fonn's website at www.fonngroup.com/sla. In the event of any material changes that reduce the Customer's rights or increase the Customer's obligations, Fonn will provide the Customer with sixty (60) days' prior written notice. Such changes shall only apply to renewals or new Orders placed after the notice period expires.
During the term of a valid subscription to Services, Fonn commits to achieving a Monthly Uptime Percentage of at least 99.5% for each Service as measured and calculated pursuant to Section 3 below.
Failure to meet this Service Commitment shall make Customer eligible to receive Service Credits as defined in Section 6 below. Such Service Credits constitute Customer's sole and exclusive remedy for any failure to meet the Service Commitment, except as otherwise provided in the Agreement regarding termination rights.
Downtime means any period during which the Service experiences a confirmed P1 (Critical) incident as defined in Section 4.1 below, specifically:
(a) System Failure: Total unavailability of the Service preventing access to core functionality;
(b) All Users Affected: Service unavailability or critical malfunction affecting all users of the Customer's system;
(c) Complete On-Air Disruption: Issues that stop the system's ability to support broadcast operations or halt the Customer's daily operations; and
(d) No Workaround Available: No temporary workaround is available to restore critical functionality.
Downtime begins when Fonn's monitoring systems detect the issue or when Customer reports a qualifying incident through the support portal, whichever occurs first. Downtime ends when the Service is restored to operational status or when a viable workaround is implemented, as confirmed by Fonn's engineering team.
The following shall NOT constitute Downtime:
(a) Scheduled Maintenance: Any Service unavailability during scheduled maintenance windows, provided:
(b) Emergency Maintenance: Unscheduled emergency maintenance, provided:
(c) Customer-Caused Issues: Service unavailability resulting from:
(d) Force Majeure: Service unavailability caused by Force Majeure events as defined in the Agreement, including but not limited to natural disasters, acts of war, terrorism, labor disputes, government actions, or widespread telecommunications or internet failures beyond Fonn's reasonable control
(e) Third-Party Provider Failures: Service unavailability caused by failures of Fonn's third-party infrastructure providers (including but not limited to AWS, Azure, or other cloud infrastructure providers).
Service unavailability caused by such failures shall be excluded entirely from Downtime calculations.
Monthly Uptime Percentage shall be calculated as follows:
Monthly Uptime % = (Total Minutes in Month - Downtime Minutes) / Total Minutes in Month × 100
Where:
(a) Downtime Calculation: Downtime shall be counted from the timestamp when a P1 (Critical) incident ticket is accepted and confirmed by Fonn's support team in the ticketing system, until a solution is provided to Customer that resolves the incident or successfully de-escalates it to a lower priority level. Should such a solution fail to resolve or de-escalate the incident for Customer, Downtime shall continue to be counted until the incident is fully resolved or an effective workaround is implemented and confirmed by Customer.
(b) Ticket Classification: If Fonn reclassifies a Customer-submitted P1 ticket to a lower priority level (P2, P3, or P4), Fonn shall notify Customer of the reclassification with written justification within the initial 30-minute response window. Downtime shall not be counted for such reclassified tickets, unless Customer successfully disputes the reclassification pursuant to the escalation process in Section 4.3.
(c) In the event of a dispute regarding Downtime calculation, Customer may provide documentation from third-party monitoring tools or internal systems, which Fonn shall consider in good faith when adjudicating Service Credit claims
(d) All uptime measurements shall be rounded to two decimal places (0.01%)
Customer shall report all incidents through the Fonn support portal at https://fonngroup.com/help-center. Response time calculations begin upon timestamp recorded in the ticketing system.
All incidents are classified into one of four priority levels based on severity and business impact:
|
Priority |
Incident Definition |
Response Time |
Examples |
|
P1 - Critical |
System Failure: • Issue affects all users • Complete on-air disruption • Stops broadcast or daily operations • No temporary workaround available |
30 minutes |
• All login to Services not working • File ingest/export completely non-functional • No interaction with Services possible |
|
P2 - High |
Serious Incident: • Important functions working slowly, impacting broadcast/operations • Serious issues with temporary workaround • Significant number of users affected |
90 minutes |
• Integration to 3rd party AI services down • Part of services stopped but core operations possible |
|
P3 - Normal |
Standard Incident: • Important functions slow but not impacting broadcast/operations • Configuration issue • Unwanted behavior with workaround available |
Next business day (CET) |
• Search functionality slower than expected • Non-critical features not working as intended |
|
P4 - Low |
Minor Incident: • Minor issues with little impact on operations |
Within 2 business days (CET) |
• Keyboard shortcut behaves abnormally • Minor UI display issues |
Note: Information inquiries and feature requests are tracked separately and do not fall under incident response SLAs. Customers should consult the Help Center Knowledge Base and Fonn Academy before submitting information inquiries.
(a) Acknowledgment: Fonn shall acknowledge all incidents within the response times specified above
(b) Initial Assessment: Fonn support will perform initial triage and may reclassify incidents based on actual severity and impact
(c) Escalation: P1 incidents are automatically escalated to Fonn's on-call engineering team. P2 incidents are escalated if not resolved within 4 hours
(d) Communication: For accepted P1 incidents, Fonn shall provide status updates until resolution or workaround is implemented
(e) Resolution: Fonn shall use commercially reasonable efforts to resolve incidents as quickly as possible, though resolution times are not guaranteed and vary based on incident complexity
Customer agrees to:
(a) Accurate Incident Classification: Customer shall exercise reasonable judgment when classifying incident priority levels and shall only designate incidents as P1 (Critical) or P2 (High) when they genuinely meet the severity criteria defined in Section 4.2. Customer acknowledges that P1 and P2 classifications trigger Fonn's emergency response procedures, mobilize on-call engineering resources, and may interrupt other customer support activities.
(b) Good Faith Reporting: Customer shall provide accurate, complete, and truthful information when reporting incidents, including detailed descriptions of the issue, affected users, business impact, and steps to reproduce the problem.
(c) Responsive Cooperation: Customer shall respond promptly to Fonn's requests for additional information, access to systems for testing, log files, screenshots, or other diagnostic data necessary to troubleshoot and resolve incidents.
(d) Technical Resource Availability: For P1 and P2 incidents, Customer shall make qualified technical personnel with appropriate system knowledge and access credentials available within thirty (30) minutes of Fonn's request to assist with troubleshooting, testing proposed solutions, and verifying resolution.
(e) Timely Verification: Customer shall verify issue resolution or workaround effectiveness promptly and confirm closure of resolved incidents within one (1) business day.
(f) Classification Abuse Prevention: Customer shall not intentionally or repeatedly misclassify lower-priority incidents as P1 or P2 to receive faster response times. Fonn reserves the right to reclassify incidents that do not meet the stated severity criteria.
Consequences of Repeated Misclassification:
If Customer repeatedly misclassifies incidents (defined as three or more incidents reclassified from P1/P2 to P3/P4 within any rolling 90-day period), Fonn may, in its reasonable discretion:
Customer shall designate a technical lead authorized to submit P1 incidents, whose contact information shall be maintained in Fonn's support system.
Only P1 (Critical) incidents that meet all criteria in Section 3.1 count as Downtime for Monthly Uptime Percentage calculations. P2, P3, and P4 incidents, while important for support response, do not impact Uptime calculations or Service Credit eligibility.
Fonn shall use commercially reasonable efforts to maintain the following response times for API calls and core Service functions under normal operating conditions:
Response time measurements exclude Customer network latency, third-party service latency, and apply only to properly configured API calls within documented usage parameters and rate limits.
The Incident Management procedures, outlined in Section 4 above, govern technical support response times and are separate from this SLA's uptime commitments.
If Fonn fails to meet the Service Commitment in any calendar month, Customer shall be eligible for Service Credits calculated based on the Monthly Uptime Percentage achieved:
|
Monthly Uptime Percentage |
Service Credit |
|
< 99.5% but ≥ 99.0% |
10% of Monthly Subscription Fee |
|
< 99.0% but ≥ 98.5% |
15% of Monthly Subscription Fee |
|
< 98.5% but ≥ 98.0% |
25% of Monthly Subscription Fee |
|
< 98.0% but ≥ 97.0% |
35% of Monthly Subscription Fee |
|
< 97.0% |
50% of Monthly Subscription Fee |
"Monthly Subscription Fee" means one-twelfth (1/12) of the annual subscription fee paid or payable for the affected Service during the applicable 12-month period.
(a) Service Credits may be applied, at Customer's election, to either: (i) extend the Customer's subscription term on a pro-rata basis, or (ii) credit against future invoices for Fonn Services
(b) Service Credits have no cash surrender value and cannot be exchanged for monetary payment
(c) Service Credits are non-transferable and may not be applied to any account other than the Customer account that earned them
(d) Service Credits must be used within twelve (12) months of issuance or they shall expire automatically
(e) Service Credits are calculated and applied separately for each distinct Service subscription
The maximum aggregate Service Credits issued to Customer in any rolling twelve (12) month period shall not exceed fifty percent (50%) of the total annual subscription fees paid or payable for the affected Service(s) during that period.
Notwithstanding Section 6.3 above, if any Service fails to meet the 99.0% Monthly Uptime Percentage threshold for:
then Customer may, as its sole additional remedy, terminate the affected Service subscription upon thirty (30) days' prior written notice to Fonn. Upon such termination, Fonn shall refund to Customer a pro-rata portion of any prepaid fees for the terminated Service covering the period after the effective termination date.
To receive Service Credits for any calendar month, Customer must submit a claim that satisfies all of the following requirements:
(a) Timing: The claim must be submitted within forty-five (45) calendar days from the end of the month in which the claimed Downtime occurred
(b) Method: Claims must be submitted via email to support@onemimir.com or through the designated Service Credit claim form available in the Customer portal
(c) Required Information: Each claim must include:
(a) Acknowledgment: Fonn shall acknowledge receipt of any properly submitted claim within five (5) business days
(b) Investigation: Fonn shall conduct a good faith investigation of the claim using its monitoring data, system logs, and any documentation provided by Customer
(c) Decision: Fonn shall approve or deny the claim, in whole or in part, within fifteen (15) business days of receipt. Any denial shall include a written explanation with supporting data from Fonn's monitoring systems
(d) Dispute Escalation: If Customer disputes Fonn's decision, Customer may escalate the matter to Fonn's VP of Customer Success within ten (10) business days of receiving the decision. The VP shall review and issue a final determination within ten (10) business days
Approved Service Credits shall be issued to Customer's account within thirty (30) calendar days following claim approval.
Customer's failure to submit a claim within the timeframe specified in Section 7.1(a) shall constitute a waiver of Customer's right to receive Service Credits for that calendar month.
For customers subscribed to Enterprise-tier Services, Fonn shall offer quarterly business reviews to discuss Service performance, optimization opportunities, roadmap updates, and Customer feedback.
This SLA does not apply to:
(a) Beta features, pilot programs, proof-of-concept deployments, or trial Services clearly designated as such
(b) Services provided on a month-to-month basis without a minimum annual commitment
(c) Services that have been suspended due to Customer's non-payment or material breach of the Agreement
(d) Services provided at no charge or on a promotional basis
(e) Third-party applications, integrations, or services not provided directly by Fonn
(f) Legacy or end-of-life Services for which Fonn has provided formal deprecation notice
This SLA, together with the Agreement and any applicable Order Forms, constitutes the entire understanding between the parties regarding Service levels and performance commitments, and supersedes any prior SLA or service level representations.
In the event of any conflict or inconsistency between this SLA and other components of the Agreement, the following order of precedence shall apply: (i) the Order Form, (ii) this SLA, (iii) the main body of the Agreement. However, nothing in an Order Form may reduce Fonn's Service Commitments below the levels specified in this SLA without Fonn's express written consent.
This SLA sets forth Customer's sole and exclusive remedies for Service availability failures. Nothing in this SLA creates any warranty beyond those expressly stated in the Agreement, and Fonn expressly disclaims any implied warranties of merchantability, fitness for particular purpose, or uninterrupted service beyond the commitments herein.
Fonn reserves the right to modify this SLA in accordance with Section 1 above. Customer's continued use of the Services after the effective date of any modifications constitutes acceptance of the modified SLA. For current customers with active subscriptions at the time of material adverse changes, the prior SLA version shall continue to apply through the end of the then-current subscription term.
Suppose any provision of this SLA is held to be unenforceable or invalid by a court of competent jurisdiction. In that case, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed. The remaining provisions shall remain in full force and effect.
This SLA shall be governed by the laws specified in the Agreement without regard to conflict of law principles.
