Constructn.ai Support and Availability Policy
This Support and Availability Policy (the “Policy”) sets forth the policies and procedures with respect to services (the “Service”) provided by Constructn Corp (“Constructn.ai”) to a customer (“Customer”) pursuant to a separate Service agreement between Constructn.ai and Customer (a “Customer Agreement”).
As further described below, Constructn.ai will use commercially reasonable efforts to (i) provide Customer with 99.0% availability of its Service (the “Service Availability”); and (ii) provide standard support to Customer.
If the Service becomes substantially unavailable to Customer due to defects with the Service, Constructn.ai will respond to Customer (i) within eight (8) hours from Customer’s notification to Constructn.ai of such unavailability, if during normal business hours (Monday-Friday, 8:00 am – 6:00 pm IST), or (ii) within eight (8) hours of the start of the next business day, if outside of normal business hours. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime or performance issues resulting from third party connections, services or utilities, or other reasons beyond Constructn.ai’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Constructn.ai employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Constructn.ai’s possession or reasonable control, and denial of service attacks. If the Service is unavailable to Customer due to defects with the Service beyond the Service Availability metric, then, as Customer’s sole and exclusive remedy (and Constructn.ai’s sole liability), Constructn.ai will provide Customer a credit for the subsequent Service billing cycle.
The credit amount will be determined by: Multiplying (i) the percent of the applicable project’s construction value out of the construction value of all projects under the same license by (ii) the total Constructn.ai fee for those projects under the same license.
That value is then divided by the applicable project’s duration (in months) under the license.
The resulting value is then multiplied by the Credit Percentage corresponding to the Service Availability measurement from that month as follows:
Availability: 97.5%–98.9%, Credit: 5%
Availability: 95%–97.5%, Credit: 10%
Availability: <95%, Credit: 20%
In order to receive downtime credit, Customer must notify Constructn.ai support within seventy-two (72) hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. All credits provided hereunder are non-refundable. If Customer elects not to renew the Agreement, such that the above credit cannot be applied, Customer will have the option to receive up to one free month of Service as its sole remedy in lieu of such credit.
Constructn.ai will provide support to customer for defects with the Service in accordance with the Service Plan selected by Customer. Any other support services are outside of the scope of this policy and must be separately agreed in writing by Customer and Constructn.ai. Customer may designate up to one (1) support contact (“Designated Support Contacts”), and all support requests must come through the Designated Support Contacts. Customer may update the Designated Support Contacts by providing notice to Constructn.ai.