Service Level Agreement (SLA) – Nuki Smart Hosting.

Service Level Agreement (SLA)

dated 1st August 2022

Introduction

This framework lays a common ground to clearly and transparently define the scope of the offered services, responsibilities, expectations and deliverables, thereby enabling unhindered business growth and long-term mutually beneficial relationships between Nuki and its customers.

Eligibility criteria

Unless specified in other agreements, only active customers of the Nuki Smart Hosting services under the “Business” pricing plan are eligible to participate in this SLA.

Scope definition

The Nuki ecosystem consists of a combination of hard- and software components. This SLA covers the Nuki Platform which consists of:

• Nuki SSE Socket Server (required to manage connections from cloud to Nuki devices)
• Nuki Web (web-based administration suite for Nuki devices)
• Nuki Mailserver (sending E-Mail notifications to end customers about bookings etc.)
• Nuki API (required to integrate with 3rd party services, PMS systems, etc.)

Nuki devices and client side applications are not within scope of this SLA.

Nuki Platform availability

Nuki strives to have a service uptime of 99,5% or higher, calculated on a monthly ( = calender month) basis. The current uptime status of the Nuki Platform can be checked here. Monthly uptime is the percentage of total possible minutes the Nuki platform was available to you divided by the total amount of minutes in a given month.

Here are examples of scenarios that do not count as downtime:

• Slowness with certain features (but general availability)
• Issues affecting only an individual customer, not the majority of Nuki customers
• External network problems outside of our control (e.g. bad configuration on ISP side)
• Scheduled downtimes, especially our monthly maintenance window on the first Thursday of every month (21:00 – 23:00 CET)
• Issues that resulted from customer’s breach of Agreement based on which we provide customer with our services, or from customer’s breach of our instructions or documentation
• Other issues caused by factors outside of our reasonable control

Nuki is doing backups of customer data on a daily basis. The timespan of data lost may be greater due to needed time for data recovery (eg. over the weekend), but should in no way exceed 4 calendar days.

Incident Management

Issues arising in combination with the Nuki Platform are grouped in 3 categories:

• Prio A: The whole system is not available. Risk of interruption of a relevant business process; Risk of data loss; Security-relevant risk due to localized security vulnerability or attack
• Prio B: relevant business processes are feasible but restricted; Outage of single features
• Prio C: relevant business processes are working; issue has no direct impact on the end customer

Problems and arising incidents are categorized and subsequently handled as laid out below:

Priority A (Major Incident)

Nuki IT operations is continuously monitoring its main production services that are provided to Nuki customers. Therefore downtime of central infrastructure components and their provided services will be recorded by Nuki system monitoring and escalated to IT operations where counteractive measures are initiated.

Furthermore it is possible for major Nuki customers to create a major incident record with Nuki as shown below.

Priority B and C

As Prio B and Prio C Issues are possibly not picked up by Nukis internal application monitoring, creation of an incident record through the customer might be necessary.

Compensation in case of non-compliance

In case Nuki fails to meet the uptime criteria outlined in section 4 of this agreement, Nuki will compensate you for the inconvenience caused.

The financial compensation represents a sum calculated as a percentage of your monthly recurring service fees (excluding any fees for hardware or the lease of hardware) that will be credited to your future invoice according to this formula:

Compensation = (99,5 – actual monthly uptime) * 10% * Monthly recurring service fee

Please note that the maximum amount of compensation that can be awarded by Nuki shall not exceed 100% of the monthly recurring service fee payable to Nuki. To facilitate ease of handling, any compensation in a given month lower than 50€ will not be processed by Nuki.

General Provisions

Nuki enters with the customer into a sales agreement. This SLA applies only to customers who have concluded a sales agreement with Nuki. This SLA does not apply to individual hosts and guests using the Nuki platform.

From a legal point of view, it is important to determine what document prevails in the event of conflicting terms in different documents, and therefore:

In the event of conflicting provisions between this SLA and the sales agreement, the sales agreement always prevails.

In the event of conflicting provisions between this SLA and the Master Terms and Conditions, this SLA always prevails.

Nuki reserves the right to change this SLA from time to time. Any such change will be notified via our website at least 30 days before the effectiveness of such change.