his Service Level Agreement (“SLA”) is a policy governing the use of the Goose Platform and applies separately to each account using the Goose Platform. In the event of a conflict between the terms of this SLA and the terms of the Goose Customer Agreement (the “Agreement”) or other agreement with us governing your use of our Services, the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
Goose will use commercially reasonable efforts to make your OTT application available for your End Users with a Daily Uptime Percentage of at least 99.9% (the “Service Commitment”). In the event we don’t meet the Service Commitment, your End Users will be eligible to apply for a Service Credit.
A different Service Credit will be offered according to the level of malfunction the service has experienced, in accordance with the schedule below:
Service Credits will not entitle you to any refund or other payment from Goose. Service Credits may not be transferred or applied to any other End User. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide your End Users with your OTT app services, is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.
Credit Request And Payment Procedures:
To receive Service Credits, you will need to submit a claim by opening a case with our Support Center, contacting them at [email protected] To be eligible, the credit request must be sent to us on the day in which the incident occurred and must include:
(i) the words “SLA Credit Request” in the subject line;
(ii) a detailed incident description that includes: type of incident, date, time, region and number of claims you have received from active End Users
(iii) copy of all the claims you have received from your End Users
The incident will be evaluated by our Support Center and, in case the conditions mentioned below are met, the corresponding Service Credits will be issued on the following 24hs. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.
The following conditions must occur simultaneously for the Service Credit to apply:
1) Accidents during peak hours (19:00-23:00 local time) / major football game / major programs
2) Live broadcasting being affected
3) Due to server problem/app crash/app bug
Goose Platform SLA Exclusions:
The Service Commitment does not apply to any unavailability, suspension or termination of your OTT app, or any other Goose performance issues: (i) occurring during off-peak periods/not during major football games/not during major programs, (ii) affecting only playback content, not Live broadcast, (iii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Goose Platform; (iv) that result from any actions or inactions from you; (v) that result from failure to follow the guidelines or exceeding the limitations described in the Goose Documentation on our Site; (vi) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (vii) arising from our suspension or termination of your right to use the Goose Platform in accordance with the Agreement (collectively, the “Goose Platform SLA Exclusions”).
• “Malfunction” means any accidental event that results in the unavailability, non-performance, or other failure by us to provide your End Users with your OTT app services.
• “Service” refers to each of the services made available by us through the Goose Platform. Services do not include Third-Party Content.
• “Service Credit” is the term by us chosen to refer to the compensation we will provide to your End Users, to the extent defined in this SLA
• “Your OTT application” refers to the last version of the application by you generated, packaged and published, through the use of the Goose Platform.