AI Availability Policy
Availability Policy
This Availability Policy will only apply if Customer has purchased the SaaS version of the Solution, as indicated in the Order. Unless otherwise defined herein, all capitalized terms have the meaning given to them in the Lightbulb.ai Master Subscription Agreement (“Agreement”).
1. Availability
1.1. Definitions
“Available” means Customer can:
- Log into the Solution (see Insights Pro-Quant: https://thelightbulb.ai/insights-pro-quantitative-research; Insights Pro-Qual: https://thelightbulb.ai/insights-pro-qualitative-data-analysis)
- Create a Project within the Solution
- Ingest data into its Projects
- Deploy a chosen Model
- Make predictions based on a deployed Model
- Where applicable, monitor the deployed Model for accuracy and drift
“Exclusions” means any time the Solution is not accessible because of:
- Any Scheduled Maintenance performed by Lightbulb.ai
- Failure of the internet backbone itself and the network by which Customer connects to the internet backbone
- Any network unavailability outside of the data center located router that provides the outside interface of each of Lightbulb.ai’s WAN connections to its backbone providers
- Misconfigurations, proxies or firewalls of Customer
- Customer using, combining or merging the Solution with any hardware or software not supplied by Lightbulb.ai or not identified in the Documentation as compatible
- Customer’s or any third party’s unauthorized or unlawful use of the Solution
1.2. Lightbulb.ai shall make the Solution Available to Customer with a Quarterly Uptime of at least 99%.
2. Remedies for Missing Quarterly Uptime
2.1. If Quarterly Uptime falls below 99% in a calendar quarter, Lightbulb.ai shall pay Customer a service credit as follows (“Service Credit”):
| Availability | Service Credit |
|---|---|
| 95% – 99% | 5% of the fees for the affected Solution for the applicable calendar quarter |
| 90% – 94.99% | 10% of the fees for the affected Solution for the applicable calendar quarter |
| Below 90% | 20% of the fees for the affected Solution for the applicable calendar quarter |
2.2. To receive Service Credits, Customer shall submit a written request to Lightbulb.ai at support@thelightbulb.ai within 30 days after the end of the quarter in which Quarterly Uptime was less than 99%. The notice must include the date and time for each instance of unavailability and any relevant calculations.
2.3. Such Service Credit will be issued as a credit against any future fees or paid directly within 30 days, if no further fees are due. These remedies are Customer’s sole and exclusive remedy for service interruption or unavailability.
3. Changes to Availability
3.1. Lightbulb.ai is continually improving the service. Updates to this Availability Policy may be made at any time. If any update has a material adverse effect on the Customer’s use of the Solution, Lightbulb.ai will provide at least 30 days’ written notice. Customer may terminate the Order within 60 days of such notice, in which case Lightbulb.ai will issue a pro-rata refund for the remaining Subscription Term.
