Service Level Agreement

Effective on Apr 8, 2025

Prior SLA version:

SLA Oct 9, 2024 to Apr 7, 2025

This SLA applies to parties who contracted with Notabene on or after Apr 8, 2025 (and the prior version applies on the dates specified), unless a complete SLA, covering all terms addressed below, is attached as an exhibit or appendix to such customer's written contract.

The goal of this Service Level Agreement (“SLA”) is to describe how Notabene provides its Services and what Customers can expect in using Notabene’s Services. Notabene will review this SLA at least once annually to update it, as appropriate, in light of technical or regulatory changes. Capitalized terms that are not defined in this SLA have the definitions set forth in the Main Services Agreement, Subscription Services Agreement, or other customer agreement for Services between the Customer and Notabene (any of the foregoing, the “Agreement”).

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Uptime

Notabene will use commercially reasonable efforts to make the Services available to Customer at least 99.5% of the time on average, measured on a monthly basis, exclusive of scheduled downtime, as described below.

Notwithstanding the foregoing, Notabene is not responsible for unavailability, delays, or other problems in operating, accessing, or using the Services to the extent caused by: (1) misuse or unauthorized modification of the Services or violation of the Agreement, an applicable Order Form or other written order for Services, or the Documentation by Customer, its Affiliated Entities (or other Customer affiliates receiving paid Services, as set forth in a Customer’s written order), or its or their Authorized Users; (2) failure of the infrastructure or connectivity of Customer or its Affiliated Entities (or other Customer affiliates receiving paid Services, as set forth in a Customer’s written order), or failure of any equipment not provided by Notabene; (3) any Integrated Product (unless caused by Notabene’s work, if any, on the integration); or (4) causes beyond Notabene’s reasonable control, as provided in the Agreement under “Force Majeure” or a similar term.

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Scheduled Downtime

Notabene may temporarily suspend the Services for necessary repairs, for which Notabene will provide Customer with two weeks’ prior written notice via email, as circumstances permit. Notabene will restore the availability of the Services as soon as commercially practicable.

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Termination

In the event that Notabene validates (not to be unreasonably withheld) that such Customer has experienced less than 98% uptime on average, measured on a monthly basis, on three (3) or more days in each of two (2) consecutive calendar months, Customer will have the option to terminate this Agreement in accordance with the terms of the Agreement.

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Product Support

Notabene product support can be accessed 24 hours a day from Monday to Friday (Monday at 00:01 through Friday at 23:59, local time worldwide) by sending an email to [email protected]. For problems categorized as P3 or P4 (see below) and reported on Saturday or Sunday, the response and mitigation times specified below will begin on the Monday that follows.

However, for problems categorized as P1 or P2 (see below), Notabene product support is available 24 hours a day, 7 days a week, and customers will accordingly receive responses on Saturday and Sunday within the response and mitigation times specified below. For clarity, it is critical that an email be sent to [email protected] for P1 and P2 problems in order to trigger Notabene’s workflow for urgent issues. Any other notification or course of action taken by Customer – including, but not limited to, Slack messages or emails to other addresses – will result in slower response times, and, in that case, Notabene will not be held responsible, and disclaims any liability that may result, if the mitigation times specified below are not met.

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Definitions

“Downtime” is when the Notabene platform is unavailable to most customers, evidenced by an error rate exceeding 5% within any one-minute window. “Partial Downtime” is when a subset of customers or regions lose critical functionality and are impacted by an error rate exceeding 5% over a one-minute period, while all other customers and regions continue to receive normal service. “Degraded Performance” is when the platform experiences slower response times or an increase in error rates below the 5% threshold, resulting in reduced service quality, but without a complete outage.

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Response Times Table

Severity	Description	Examples	Response Time	Mitigation Time
P1	A critical incident with very high impact affecting a large number of customers in production	A customer-facing service is down for all customers, confidentiality or privacy is breached, and/or customer data loss	30 mins	4 hours
P2	A major incident with significant impact causing errors for some customers	A customer-facing service is unavailable for some customers, core functionality (e.g., 3rd party integrations) is down	30 mins	12 hours
P3	An incident causing errors for users or Degraded Performance	High system load causing increased response times, dashboard errors	1 business day	2 business days
P4	A minor or low-level problem that affects Services but does not have serious impact on customers	Minor errors or inconveniences with workarounds available	2 business days	5 business days

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Customer agrees to use commercially reasonable efforts to diagnose and resolve problems in the operation of Customer’s interface to the Services, and to consult with the Documentation, prior to contacting Notabene. Upon reporting a problem, Customer agrees to provide Notabene with all relevant information reasonably necessary for Notabene to respond, to designate primary and secondary contacts who have been trained on the Services, and to reasonably cooperate with Notabene. Reporting must be prompt and, depending on the circumstances and type of issue, no later than thirty (30) days after Customer becomes aware of the issue.

Target response and resolution times referenced above will be measured from whichever is the later of:

When Notabene receives from Customer its support request along with the information that Notabene requires in order to assign a priority level, or
When Notabene determines that a Downtime event stems from Notabene’s systems.

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Reporting

Notabene will publicly disclose Downtime occurrences via its status page at status.notabene.id. Any events classified as P2 Partial Downtime will also be published on this status page. Notabene strives to provide full transparency regarding any service disruptions that may affect customer operations.

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Updates

Notabene will make available to Customer all updates and releases to the Services. Customer will receive at least two (2) weeks of advance written notice to implement updates. By the end of this notice period, Customer will comply with published update and release schedules and is responsible for installing any required software and updates on Customer systems.‍

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Business Continuity and Data Security

The Notabene Trust Center at https://trust.notabene.id/ includes data security policies and procedures. It also makes available Notabene’s SOC 2 Type II report, penetration test reports, subprocessor information, and related information. Customer may request access to the Trust Center by emailing [email protected].‍

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Data Expectations

If Customer submits data that exceed volumes set forth in the Documentation or that are not formatted in compliance with the Documentation, performance of the Services may be impacted, and Notabene will not be responsible for failure to comply with this SLA.

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Notabene may update this SLA from time to time. Any changes will become effective when the updated SLA is posted on Notabene's website. Your use of the Services following these changes means that you accept the updated SLA. If Notabene makes a material update, you may be provided with prior notice, such as by a posted notice on Notabene's website. The foregoing is subject to applicable law and does not apply if an applicable Order Form states otherwise or if a complete SLA, covering all terms addressed herein, is attached as an exhibit or appendix to a written customer contract.

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