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HappyOrNot Service
Level Agreement

Last updated: June 2, 2021

Effective from: August 1, 2021

This HappyOrNot Service Level Agreement (the “SLA”) is an integral part of Master Subscription Agreement (the “MSA”) or any other Agreement (which references this SLA expressly or impliedly), entered between Subscriber (hereinafter “Subscriber”, “Customer”, “Client” or “User”) and HappyOrNot (hereinafter “HappyOrNot”, “Service Provider”, “Supplier”, “Vendor” or “Company”), hereinafter separately as a “Party” and collectively as “Parties”. The purpose of this SLA is to specify services and commitments with respect to Software technical support and/or Hardware replacement, in particular – (i) Online reporting, (ii) E-mail reporting, (iii) Reporting API, (iv) Smiley TouchTM and Smiley TerminalTM, and (v) Smiley DigitalTM.

HappyOrNot has the right to update and/or amend this SLA from time to time by posting the amended version on its website, provided that the level or overall quality of the Service shall not be less than agreed upon execution of Master Subscription Agreement (the “MSA”) or any other Agreement entered between the Parties, which references or incorporates this SLA expressly or impliedly. The amended version will be effective as of the date it is published.

HappyOrNot will provide a ten (10) days prior notice via any of the communication means available to HappyOrNot, if HappyOrNot believes that any substantial changes of SLA are involved. After such notice period, all amendments shall be deemed accepted by Subscriber.

In case of any conflicts between the provisions of this SLA and any other prior agreements between the Parties (unless explicitly agreed to in writing between the Parties or where the HappyOrNot’s MSA or any other Agreement entered into between the Parties expressly states otherwise), the terms and conditions of HappyOrNot’s MSA shall prevail.

A.   SERVICE LEVEL

HappyOrNot will use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for: (i) planned downtime (of which HappyOrNot shall give advance electronic notice as provided in the Documentation), and (ii) any unavailability caused by circumstances beyond HappyOrNot’s reasonable control, including but not limited to an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving HappyOrNot’s employees), Internet Service Provider’s failure or delay, or denial of service attack.

Customer Support

In the following, the timeslots shall apply on business days (“Support Hours”).  Business days shall be determined by the calendar of the country where the HappyOrNot’s support office is based.

  • Support hours on Weekdays at Tampere, Finland support office are from 9.00 – 17.00 EET/EEST. Local public banking holidays are excluded if not otherwise informed.
  • Support hours on Weekdays at Florida, USA support office are from 9.00 – 17.00 EST/EDT. Local public banking holidays are excluded if not otherwise informed.

 

Server Software

HappyOrNot provides not less than ninety-nine (99%) of availability rates of the Service. HappyOrNot relies on a leading third-party cloud provider to offer the high availability rate and is directly contingent and limited by the third-party’s SLA.

In order to provide a high-quality service, HappyOrNot must schedule maintenance timeslots, and the Service may be affected by such maintenance operations. The following serves to provide the examples, and is not a representation of a complete list of tasks that can affect the availability of the Service:

a. Scheduled maintenance

  • HappyOrNot shall schedule maintenance tasks at their own discretion “on an as needed basis” and as deemed necessary by HappyOrNot. HappyOrNot will inform the Subscriber about any maintenance tasks that may have a significant impact on the availability of the Service no later than two (2) days before performing the maintenance tasks. HappyOrNot will make the best business efforts to avoid down time of Service and schedule maintenance for timeslots causing the least disruption for the Subscriber. All the appliances (devices), except the Smiley Digital, will continue to collect and store feedbacks and will communicate with the Service at the next scheduled available time.

b. Correction of errors

  • In the case of an unforeseen event that affects the Service’s availability, HappyOrNot will provide a fix or a workaround within maximum of two (2) working days. HappyOrNot aims to provide a First Contact Resolution rate of seventy-five (75%). In the event of hardware breakdown on the server environment, HappyOrNot will make commercially reasonable efforts to replace the hardware within fourteen (14) days.

 

Appliance (Device/Hardware) and Software

Part of the Service may consist of physical customer satisfaction measuring appliances (device/hardware) located at Customer’s premises. In case of a malfunctioning appliance (device/hardware), it is Customer’s responsibility to inform HappyOrNot about the malfunction.

Appliances (device/hardware) rely on local Mobile Networks and the signal level can vary significantly from one location to another. It is Subscriber’s responsibility to place the appliance (device/hardware) in a location with an adequate Mobile Network signal level. HappyOrNot acquires global roaming services from leading network provider(s) and in case of IoT has extensive contracts with various local providers. In case of network outage by the network provider, which might impact the immediate data transfer between appliances (device/hardware) and the HappyOrNot’s cloud servers, the data will be kept safe and stored on the appliance (device/hardware), except for Smiley Digital, until the Mobile Network connectivity is restored. HappyOrNot is not and shall not be liable for any delay caused by the third-party network operator’s outage or connectivity issues.

In the event of appliance’s (device/hardware) defect, the Subscriber is required to provide HappyOrNot in a timely manner with the following information about the appliance (device/hardware):

  • Appliance’s (device/hardware) serial number, including pictures of device/hardware in current state;
  • Last time the appliance (device/hardware) has been observed working;
  • Details about the malfunction;
  • Has the appliance (device/hardware) been fallen or otherwise abused;
  • Has there been an attempt to reset the appliance (device/hardware);
  • What is the appropriate shipping address for the possible replacement of appliance (device/hardware).

Following the receipt of the above-listed information, HappyOrNot shall either request additional information from the Subscriber in order to perform an appliance (device/hardware) reset procedure or will initiate the replacement process of appliance (device/hardware).

If an appliance (device/hardware) fails during the normal and proper use during twenty-four (24) months or the duration of initial agreement, whichever comes first, starting from the date the appliance (device/hardware) was delivered, except for batteries over six (6) months, HappyOrNot will replace the appliance (device/hardware) free of charge. In case of improper installation, accidents, disasters, misuse, abuse or modifications to the system or subsystem or any other causes unrelated to defective materials or workmanship or the loss of the appliance (device/hardware), the full cost of replacement, including shipping and insurance costs, shall be borne by the Subscriber.

A replacement appliance (device/hardware) shall be dispatched within fourteen (14) days or twenty-one (21) days for branded appliance (device/hardware) starting from receiving all required information specified above. Delivery times may slightly vary depending on location and courier. Any transportation, insurance and other costs incurred in connection with the delivery of replacement appliance (device/hardware), except for guarantee replacement, shall be paid by Subscriber.

Following the receipt of the replacement appliance (device/hardware), the Subscriber shall inform HappyOrNot about the new appliance (device/hardware) installation. The new appliance (device/hardware) shall be programmed to be in Service within no later than twenty-four (24) Support Hours following the notification of installation from Subscriber.

Should HappyOrNot repeatedly fail to meet the aforementioned service levels, resulting in disadvantages to Subscriber’s business operations, Subscriber will be entitled to receive a compensation for the days the Service has not met the service levels. The compensation will be delivered in the form of subscription extension corresponding to the number of days the Service has not met the service levels. In order to receive this compensation, Subscriber must notify the HappyOrNot in writing and describe both the failures and the resulting disadvantages, including the time frame.

The above compensation is the Subscriber’s sole remedy in relation to the availability of the Service.

B.    GENERAL TERMS APPLICABLE TO SUPPORT

E-mail requests shall be submitted to the e-mail address designated by HappyOrNot. E-mail requests from Americas shall be submitted to the e-mail address support-us@happy-or-not.com. E-mail requests from EMEA and APAC shall be submitted to the e-mail address support@happy-or-not.com. HappyOrNot will make best commercially reasonable efforts to respond to a properly submitted request within twenty-four (24) hours during business days, starting from the time the email has arrived in the ticketing system. Additionally, Subscriber may be contacted by e-mail or other means in order to facilitate the resolution of specific issue(s). If resolution cannot be reached within the target timeframe, HappyOrNot will send a new estimated fix time. Such estimate will be sent in cases where the request requires an extensive research or escalation, or other cases, where HappyOrNot deems necessary.

The initial response will consist of:

  • A suggested resolution to the problem or answer to request the information; or
  • A request for more detailed information or clarification which will enable HappyOrNot to determine the appropriate course of action; or
  • Notification of the estimated time for providing the Subscriber with further information, resolution, or a workaround, as appropriate.

HappyOrNot shall accept and respond to requests from Customer concerning:

  • appliance (device/hardware) installation and maintenance;
  • Service usage;
  • Service troubleshooting; and
  • Cases where the Service is not functioning as designed.

The support service covers a basic level Customer help and guidance. More advanced usage guidance and training may be available for an additional fee as separately agreed between the Parties.

HappyOrNot will make commercially reasonable efforts to resolve all requests submitted by Subscriber and do so in a professional and timely manner. All support submitted requests must be related solely to Subscriber’s operations or Subscriber’s Users’ use of the Service covered under a valid agreement and are to be submitted in English.

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