PLATINUM SERVICE LEVEL AGREEMENTS

Last Updated: May 22, 2025

These Platinum Service Level Agreements (“SLAs”) describe the service levels and support commitments available to Customers who purchase Seismic’s Platinum, Platinum Plus, or Platinum Care SLA offerings. These SLAs are subject to the Seismic Subscription Services Agreement (“SSA”) and capitalized terms not defined here have the meanings set forth in the SSA.

Table of Contents

  1. Overview of Platinum SLA Levels
  2. Service Level Commitments
  3. APDex Performance Metrics
  4. Maintenance and Downtime Exclusions
  5. Support Access and Response Times
  6. Service Credits and Exclusive Remedies
  7. Credit Request Process
  8. Definitions
  1. OVERVIEW OF PLATINUM SLA LEVELS

    Seismic offers three Platinum SLA tiers. The features and commitments for each are summarized below:

    SLA Level Uptime Commitment APDex Commitment Support Response Times Additional Features
    Platinum 99.9% 0.90 P1: 1hr, P2: 2hr Sandbox, TAA, RCA
    Platinum Plus 99.9% 0.90 P1: 1hr, P2: 2hr Sandbox, TAA, RCA
    Platinum Care N/A (APDex only) 0.90 P1: 2hr, P2: 4hr RCA
  2. PLATINUM SERVICE LEVEL COMMITMENTS
    1. Platinum & Platinum Plus.

      For Platinum and Platinum Plus only, Seismic will provide 99.9% Production System Uptime with respect to Customer’s Subscription Services during each Fiscal Quarter of the Term, excluding Scheduled Maintenance, Excusable Delay and Non-Seismic Delay as defined in Section 4.3 below. If in any Fiscal Quarter, an Uptime of 99.9% is not met by Seismic, and Customer was materially negatively impacted, Seismic shall provide as Customer’s sole and exclusive remedy a service credit equal to 10% of one Fiscal Quarter’s fees for the impacted Subscription Service(s).

    2. Platinum Care.

      APDex Commitment Only: No Uptime SLA. Commitment is to maintain an APDex score of 0.90 per Fiscal Quarter.

  3. APDEX PERFORMANCE METRICS
    1. APDex. The APDex score is a method of converting many performance measurements into one uniform score of 0 to 1. The APDex formula is the number of satisfied samples plus half of the tolerating samples plus none of the frustrated samples, divided by all samples: Satisfied samples are transactions at or below targeted response times and tolerating samples are transactions above target response times but below two times the target response times.
        1. APDex Parameters.
          1. Seismic agrees to collect APDex calculations for User Interface transactions within the Seismic Content application with a target response time of five (5) seconds and provide this data to Customer.
          2. Seismic will publish the monthly APDex score.
          3. Seismic agrees to maintain an APDex score of point ninety (.90) in each Fiscal Quarter.
          4. APDex scores are only calculated from Seismic Content, and not calculated for any other Seismic product.
    2. MAINTENANCE AND DOWNTIME EXCLUSIONS
      1. Scheduled Maintenance and Delays: Scheduled Maintenance, Excusable Delay and Non-Seismic Delay time does not count as Downtime. “Scheduled Maintenance” includes (i) planned downtime, which may be scheduled during any period outside of the hours of Monday through Friday from 6:00 a.m. to 9:00 p.m. in Customer’s tenant time zone, or on Saturday, Sunday, and holidays from 8:00 a.m. to 5:00 p.m. in Customer’s tenant time zone or (ii) any downtime for which Seismic gives eight (8) hours or more notice that the Subscription Services will be unavailable. “Excusable Delay” means any delay or failure in the Subscription Services which is due to causes beyond the reasonable control of either Party hereto, including, but not limited to, acts of God, acts of the public enemy, acts of any governmental authority in its sovereign capacity, fires, floods, power outages, hurricanes, earthquakes, epidemics, quarantine restrictions, strikes or other labor disputes and freight embargoes. “Non Seismic Delay” means (i) issues caused by telecommunications and internet service provider(s); (ii) delays or failures involving hardware or software not within Seismic’s possession or control including third party services and Non-Seismic Materials; (iii) delays caused by Customer in providing access to Seismic support in the event that Customer has opted not to allow Seismic support to have automatic access to its tenant or has restricted access to specific Seismic personnel or to Seismic personnel within specific geographic locations.
      2. Seismic in its sole discretion may take the Services down for unscheduled maintenance and in that event will attempt to notify Customer in advance. Such unscheduled maintenance will be counted against the Uptime goal.
    3. SUPPORT ACCESS AND RESPONSE TIMES
      SLA Level Support Access Priority 1 Response Priority 2 Response Additional Notes
      Platinum 24x7x365 Platinum Team 1 hour 2 hours TAA, RCA on request
      Platinum Plus 24x7x365 Platinum Team 1 hour 2 hours TAA, RCA on request
      Platinum Care 24x7x365 Platinum Team 2 hours 4 hours RCA on request
      1. For Platinum and Platinum Plus only, Seismic shall provide a “Sandbox Environment” as part of these SLAs. This Sandbox Environment will be separate from the “Production Environment” and will be available for use by Customer. Service levels for system availability for the "Sandbox Environment" are not subject to service credits pursuant to Section 6 of these SLAs.
      2. For Platinum and Platinum Plus only, Seismic shall monitor the performance of Customer’s Production Environment for Seismic Content and adjust resources needed based on historical performance metrics and usage patterns. The services outlined in this Section 5.2 are not available for Seismic Learning or LiveSocial.
      3. Seismic allows 24x7x365 access to the Platinum Support team. The Platinum Support team can be reached via email at support@seismic.com, using the chat function available in the platform, or via the Support Portal in Seismic Community.
      4. As a general guideline, Priority 1 cases are critical, and the Subscription Services are completely unusable. Priority 2 cases are urgent; all users are affected and are unable to easily use business critical functionality. Seismic reserves the right to change ticket priority in our sole reasonable discretion based on these guidelines, our knowledge of the customer’s use case, and conversations with the ticket reporter.
      5. A Root Cause Analysis (RCA) is provided upon request for Priority 1 or 2 issues or Seismic identified outages.
      6. Customers acknowledge that it may take up to four (4) weeks for Seismic to properly staff Customer’s Technical Account Advisor (TAA). For avoidance of doubt, Platinum Care does not include a TAA.
      7. In the event that Customer chooses not to renew a Platinum SLA, Customer will revert to Seismic’s standard Support Level Agreement.
    4. SERVICE CREDITS AND EXCLUSIVE REMEDIES
      1. Service Credits: Available for Platinum and Platinum Plus only. Capped at two Fiscal Quarters per year, as further described in 6.2 below.
      2. Exclusive Remedy: Platinum and Platinum Plus customers may receive service credits only for up to two Fiscal Quarters in any given Seismic fiscal year. Customer shall not exercise these rights without a reasonable basis or belief that the applicable Uptime goal was not satisfied. THIS SLA SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND SEISMIC’S ENTIRE LIABILITY, FOR ANY FAILURE TO MEET THE UPTIME.
    5. CREDIT REQUEST PROCESS

      In order to receive a credit under Platinum or Platinum Plus, Customer must request such credit by emailing Seismic at support@seismic.com within 30 days following the end of the Fiscal Quarter in which the Downtime occurred. If Customer submits a credit request and does not receive a prompt automated response indicating that the request was received, Customer must resubmit the request because the submission was not properly received and will not result in a credit. Customers who are past due or in default with respect to any payment or any material contractual obligations to Seismic are not eligible for any credit under this SLA. Seismic shall calculate any service-level downtime using Seismic’s system logs and other records. Service credits will be applied on Customer’s next Seismic invoice following Seismic’s receipt of Customer’s request for credit and Seismic’s verification that the uptime goal was not met.

    6. DEFINITIONS
      1. “Production System” or “Production Environment” refers to the primary environment containing live content, real user data and business functionality for Customer.
      2. “User Interface” means access points by which a user logs into the Services to initiate workflows.
      3. “Sandbox Environment” means secondary environment isolated from the Production System or Environment used for development, validation and testing.
      4. “Fiscal Quarter” means a consecutive three (3) month period beginning on February 1 of each year (e.g., the first Fiscal Quarter shall run from February 1 to April 30).
      5. “Uptime” means all other time that is not Downtime.
      6. “Downtime” means the Subscription Services are materially unavailable or inaccessible to Customer to perform business-critical functions, there are no workarounds for such functions, and such functions cannot be reasonably postponed until the feature is available again without having a material adverse impact on the Customer. Possible examples of such business-critical functions, depending on Customer’s use case, include Customer’s complete inability to: log into the Subscription Services platform, distribute content, load Learning and access learning paths, generate LiveDocs, and/or view content from at least one of the following: DocCenter, NewsCenter, HomePage, or Search.