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Sentim’s Sentiment Analysis Service Level Agreement

Sentim's Sentiment Analysis SLA. During the Term of the applicable Sentim’s Sentiment Analysis Agreement (or prior versions of the agreement governing the use of Sentim’s Sentiment Analysis) (the "Agreement"), the (i) Sentim’s Sentiment Analysis Services web interface will be operational and available to Customer at least 99.9% of the time in any calendar month; and (ii) all other Sentim’s Sentiment Analysis Services are subject to separate terms below. Customer understands that Sentim is bound to the Twitter Terms of Service and Agreement and that Sentim cannot provide any Services or updates to the Services that do not follow those terms. To clarify, the Customer acknowledges that Sentim is bound by the Twitter Terms and Service and Agreement as well as Twitter’s Standard API including but not limited to Reverse Engineering, Twitter Rate Limits, and Security. Sentim will provide Server Side Functions subject to zero, one, or multiple of the following, as described in the definitions below: (1) Tweet Tracking Policies; (2) Update Frequencies; and (3) Server Tracking Policies. If Sentim does not meet the Sentim’s Sentiment Analysis SLA, and if Customer meets its obligations under this Sentim’s Sentiment Analysis SLA, Customer will be eligible to receive the Service Credits described below. This Sentim’s Sentiment Analysis SLA states Customer’s sole and exclusive remedy for any failure by Sentim to meet the Sentim’s Sentiment Analysis SLA. Definitions. The following definitions shall apply to the Sentim’s Sentiment Analysis SLA.

"Core Services" include:

(1) the web interface used to provide the customer the ability to:

(i) view Twitter sentiment;

(ii) manage Dashboards;

(iii) or view common phrases in Tweets;

(2) the Server Side Functions ("Server Side Functions") that occur for each Account to:

(i) track user Search Terms, Search Names, and payment information that are subject to Server Tracking Policies;

(ii) track Tweets, as they happen over the time period for which the Agreement is in effect, subject to the Tweet Tracking Policy;

(iii) calculate Tweet sentiment given Tweet text;

(iv) aggregate and Update the aggregated Tweet sentiment over time subject to Update Frequencies;

(v) aggregate and Update common phrases in Tweets associated with a particular Twitter Sentiment subject to Update Frequencies.

"Dashboards" means the visual displays available on Sentim's Website for the Customer to view the aggregated information that Sentim has tracked over the course of the Agreement, including but not limited to graphs and textual information.

"Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.

"Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

"Search Names" means the term responsible for uniquely identifying the Dashboard associated with the Search Name apart from all other Dashboards and Search Names.

"Search Terms" means the list of terms associated with each Dashboard that Sentim is to track the Tweets that occur of on Twitter.

"Server Tracking Policies" means any of the following policies set out to describe how often Sentim will check for changes made to the Customer's Dashboards or the Customer's payment information. Sentim will track changes made to the Customer's Dashboards or the Customer's payment information and revise that information within the server according to the following:

The percentage of time that the update will occur within the following time frame | The time frame before the revision within the server

> 99% | 15 minutes or less

> 99.9% | 1 hour or less

"Service" means the Sentim's Sentiment Analysis Services.

"Service Credit" means the following:

Monthly Uptime Percentage Monetary credit for the next Service term equal to the value of days of service (for each dashboard, not including the cost of individual Tweets) for monthly postpay billing customers, at no charge to Customer
< 99.9% - >= 99.0% 3
< 99.0% - >= 95.0% 7
< 95.0% 15
Percentage of tweet data lost in a month Monetary credit for the next Service term equal to the value of days of service (for each dashboard, not including the cost of individual Tweets) for monthly postpay billing customers, at no charge to Customer
> 1.0% ->= 2.0% 3
> 2.0% ->= 5.0% 7
> 5.0% 15

Finally, the monetary credit for the next Service term equal to the value of days of service (for each dashboard, not including the cost of individual Tweets) for monthly postpay billing customers, at no charge to Customer if Sentim violates the Update Frequencies listed below is 8 days.

"Tweet" means any tweet, retweet, or reply that is received from Twitter's Standard API according to the Customer's Search Terms.

"Tweet Tracking Policy" means Sentim's defined limits for the number of Tweets Sentim can track within a minute based on the limit on the number of tweets we can receive from Twitter and the Twitter Rate Limits. Specifically, the Customer agrees that for any Dashboard and set of Search Terms, the Customer will not create, save, track, or modify Search Terms so that the rate of Tweets tracked is greater than 100 Tweets per minute, and that if the Customer does decide to track such a Search Term using Sentim's Services knowingly or unknowingly, then the Customer acknowledges the potential loss of data and acknowledges that they no longer qualify for any Service Credits as defined by this agreement. The Customer further acknowledges that Sentim will process every Tweet according to the Customer's Search Terms as provided by the Twitter Standard API and that Sentim is not responsible for any data loss that occurs due to Twitter's Rate Limits or due to Sentim's usage of the Twitter's Standard API, but that Sentim is responsible for data loss that occurs due to server failure or error. Sentim will retain and Update 99% of all Tweet information throughout any given calendar month subject to the previous conditions. Furthermore, Sentim will not charge the Customer for any Tweets that are not tracked due to server outage or loss of Tweet data.

"Twitter" means the social media platform available at https://twitter.com/.

"Twitter Rate Limits" means the Rate Limits for the Twitter Standard API as described by https://developer.twitter.com/en/docs/basics/rate-limiting.html and https://developer.twitter.com/en/docs/basics/rate-limits.html.

"Twitter's Standard API" means the Standard API or Standard Search API as defined by https://developer.twitter.com/en/docs/tweets/search/api-reference.

"Twitter Terms and Service and Agreement" means the terms available at https://developer.twitter.com/en/developer-terms/agreement-and-policy.html.

"Update" means the act of moving information from the server to the database where the user can then access the aggregated information upon request through the web interface.

"Update Frequencies" means the total amount of time that passes between each Update, where the total amount of time will differ between different parts of the Server Side Functions.

Specifically, Sentim will Update the aggregated Tweet sentiment according to the following:

The percentage of time that the Update will occur within the following time frame The time frame after the previous Update for which the new Update will occur
> 99% within 15 minutes
> 95% within 2 minutes

Additionally, Sentim will Update the aggregated common phrases according to the following:

The percentage of time that the Update will occur within the following time frame The time frame after the previous Update for which the new Update will occur
> 95% within 2 hours
> 99% within 24 hours

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Sentim within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit. Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Sentim to Customer for all Downtime, Tweet Tracking Policy violations, or Update Frequencies violations that occurs in a single calendar month across all dashboards shall not exceed the value of 30 days of service (not including individual Tweet cost) or 100 United States Dollars, whichever is smaller. Service Credits may not be exchanged for, or converted to, monetary amounts, except for customers who are on Sentim’s monthly billing plan. Sentim's Sentiment Analysis SLA Exclusions. The Sentim's Sentiment Analysis SLA does not apply to any services that expressly exclude this Sentim's Sentiment Analysis SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the "Force Majeure" section of the Agreement; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Sentim).