Proto Service Commitment

Last Updated: June 20, 2023

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At Proto, we prioritize delivering reliable services to our clients. This Service Commitment outlines our commitment to availability and the procedures for receiving service credits in the event of unavailability of the Proto AICX Platform during P1 incidents as defined in the Terms of Use.

Service commitment

Proto is dedicated to providing a Monthly Uptime Percentage of at least 99.8% during each monthly billing cycle (the "Service Commitment"). We will make every reasonable effort to ensure that the availability of the Proto AICX Platform meets this commitment. In the event that the used modules and/or add-ons in the Proto AICX Platform fall short of the Monthly Uptime Percentage commitment, you (the “Client”) may be eligible to receive a credit (the “Service Credits”) as explained below.

Service credits

Service Credits are calculated as a percentage of the recurring fees the Client is charged by Proto during a billing cycle in which the Service Commitment was not met. The applicable percentages for Service Credits are as follows:

Any Service Credits earned will be applied as a discount toward future invoices. Please note that Service Credits are not equivalent to refunds or cash payments from Proto. A Service Credit will be granted only if the credit amount for the applicable monthly billing cycle exceeds one dollar ($1 USD). Service Credits cannot be transferred or applied to other accounts. Unless stated otherwise in the Terms of Use, the receipt of a Service Credit (if eligible) is the Client’s sole and exclusive remedy for any unavailability or non-performance of Proto.

Credit request and payment procedures

Proto may apply Service Credits without prior notice. To request a Service Credit, the Client must submit a claim by emailing Proto at cx@proto.cx. To be eligible for the Service Credits, the Client’s request must be received at the latest by the end of the first billing cycle after the P1 incident occurred. The claim should include the following details:

• Subject line: "Service Credit Request"
• Dates and times of each instance of unavailability during the P1 incident(s)

Once Proto confirms that the Monthly Uptime Percentage falls below the Service Commitment based on the Client’s request, we will issue the Service Credit within one billing cycle following the month in which the P1 incident occurred. Failure to provide the required information mentioned above will disqualify the Client from receiving a Service Credit.

Service commitment exclusions

The Service Commitment does not cover instances of unavailability, suspension, or termination of the Proto AICX Platform due to factors beyond Proto’s reasonable control, including force majeure events or Internet access issues. The following scenarios are also excluded from the Service Commitment:

• Unavailability resulting from voluntary actions or inactions on your part
• Unavailability of modules or add-ons not used by the Client during the billing cycle
• Unavailability caused by the Client’s own equipment, software, or other technology
• Suspension or termination of the Client’s right to use Proto as per the Terms of Use 

If availability is impacted by factors not explicitly considered, Proto may, at its sole discretion, issue  Service Credits taking into account those factors.

Additional clarification

For Proto, the Monthly Uptime Percentage is calculated by subtracting from 100% the percentage of one-minute intervals during the monthly billing cycle in which the used modules and/or add-ons of the Proto AICX Platform were unavailable during a P1 incident. If the Client has been using the Proto AICX Platform only for a portion of the month, Proto assumes there was 100% availability during the period it was not in use. The calculations for Monthly Uptime Percentage exclude downtime resulting directly or indirectly from any Proto SLA Exclusions.