Skip Navigation

Service Level Agreement

This Service Level Agreement applies across Bluesight’s software as a service offering.

1. Bluesight Uptime Commitment

Bluesight will use commercially reasonable efforts to make each Bluesight SaaS Service available and functional with an Uptime Percentage of at least 98% during the Term (however, this commitment will not apply during (a) any period of time prior to Purchaser’s acceptance of the Bluesight SaaS Service, but only if the Agreement sets forth a process for acceptance of the Bluesight SaaS Service or (b) any trial period that may be applicable).

2. Bluesight Support Response Time Commitment

Once an issue is logged with Bluesight through the Purchaser calling the support line, Bluesight will provide a remote response within four hours. If the issue requires on-site support, Bluesight will provide on-site coverage within two business days of escalation (“Support Response Time Commitment”). If the Purchaser contacts support through e-mail, Bluesight will provide a remote response within twenty-four hours.

Bluesight will provide phone support for twenty-four hours per day and seven days a week (24/7).

3. Service Level Credits

In the event that Bluesight does not meet the Uptime Percentage of 98% for any month, then the Purchaser will be eligible to receive the following credit days, which will be added to the end of the Term at no charge to Purchaser.

Monthly Uptime Percentage Days Added to Bluesight SaaS Service at no charge
97.9% to 95% 3 days
94.9% to 93% 7 days
92.9% and lower 14 days

In the event that Bluesight fails to meet the Support Response Time Commitment on more than one occasion during a calendar month, then for each occasion following the first instance Bluesight will add an additional day to the Bluesight SaaS Service at no charge to Purchaser. To the maximum extent permitted by law, the credit days set forth in this section are Purchaser’s exclusive remedy, and Bluesight’s sole obligation, for a failure to meet either the Uptime Commitment or the Support Response Time Commitment.

4. Definitions

Any capitalized terms used but not defined in this Service Level Agreement shall have the meanings ascribed to them in the Agreement.

“Agreement” means the agreement or agreements between Purchaser and Bluesight and which specifically incorporates this Service Level Agreement.

“Downtime” shall mean the time between Purchaser notifying Bluesight that the Bluesight SaaS Service is inoperable for use and the time when the Bluesight SaaS Service is restored and available for use. Downtime does not include: (1) times when a service request is made by Purchaser but the Bluesight SaaS Service is still in use; (2) scheduled maintenance; or (3) any time during which the Bluesight SaaS Service experienced any performance or availability issues that are due to: factors beyond Bluesight’s reasonable control; that resulted from Purchaser’s or third party hardware or software; that resulted from inaction or errors of Purchaser or Purchaser’s employees, agents or contractors; or that were caused by Purchaser’s (or Purchaser’s employee’s, agent’s or contractor’s) use of the Bluesight SaaS Service after Bluesight advised Purchaser to modify its use of the Bluesight SaaS Service.

“Equipment” means the Equipment for any scanning or tagging of items in connection with use of a Bluesight SaaS Service, as and if defined in the Agreement.

“Bluesight SaaS Service” means the software as a service described in the Agreement and which is expressly made subject to this Service Level Agreement. For purposes of the Bluesight SaaS Services, all of the Bluesight SaaS Services set forth on a single Order Form shall be considered a single “Bluesight SaaS Service”.

“Purchaser” means the counterparty to the Agreement with Bluesight, to whom Bluesight is providing a software as a service described in the Agreement.

“Term” means the term for the Bluesight SaaS Service, as specified in the Agreement.

“Uptime Percentage” shall mean the amount of time in a given calendar month minus the amount of Downtime suffered during that month, divided by the total time in that calendar month.

5. Claim Process and Limitations

In order to receive the above Service Level credits, Purchaser must notify Bluesight in writing of the failure to meet the service level within thirty days of the end of the month in which the failure occurred. Bluesight will then review the claim and if it is valid, issue a response to Purchaser confirming the credit that will be added to the end of the term.

6. Equipment Support

In addition to the above support for Bluesight SaaS Service, Bluesight will provide the following support for the Equipment: in the event of an error or malfunction of the Equipment, Bluesight will repair or replace the Equipment within a reasonable period of time of Purchaser notifying Bluesight of the error or malfunction. There will be no additional charge to Purchaser for such repair or replacement of the Equipment, unless the error or malfunction was due to misuse or damage to the Equipment caused by Purchaser, in which case Bluesight reserves the right to make a reasonable charge for the costs of repairing or replacing the Equipment.