Service Level Agreements for Systemorph Cloud Plans
Version: 2022 November 22nd
Introduction and Definitions
Systemorph AG, a corporation organized and existing under the laws of Switzerland (Canton of Zurich), having the
company identification number CHE-282.912.173 (“Systemorph” or “Company” or “we”, “us”, “our”), is a software and
IT-services company founded in 2011.
This Service Level Agreement applies to the Systemorph Cloud Service “SMC” (this “SLA”). It is an extension of the
Systemorph General Terms and Conditions (the
“Agreement”). Capitalized terms used but not defined in this SLA will
have the meaning assigned to them in the Agreement. This SLA applies to the SMC, in the context of a specific SMC
Plan. It does not apply to separately branded services made available with or connected to the SMC. For a
description of the SMC, please see the Feature Overview.
We are defining 3 different SLA metrics for the 3 different Plans offered: Basic, Pro and Enterprise. The detailed
description of what the Plans offer to the end-customer is here. In this document, we focus on the Service Levels
when delivering the SMC to the Customer.
|"Applicable Monthly Period"
means a calendar month in which a Fee is owed, the number of days that you are a subscriber of the SMC.
|"Applicable Monthly Fee"
means the total fees actually paid by you for the SMC under one of the applicable Plans.
Is a total number of accumulated minutes during a billing month where the SMC portal as such is unavailable. A
given minute is considered unavailable if all attempts to connect to the SMC portal throughout the minute are
means any single or set of events that results in a Downtime, or Feature Unavailability Period
is the percentage of Applicable Monthly Fee credited to you after our approval of your claim.
|"Feature Unavailability Period"
Is a total number of accumulated minutes during a billing month where a certain operation that was previously
successful for the given Project in the given Plan repeatedly results in a Failed Request. A given minute is
considered unavailable if all attempts to make use of the feature throughout the minute are unsuccessful.
You must submit a claim to Systemorph Support including all information necessary to validate the claim,
including but not limited to
- a detailed description of the Incident
- information regarding the time and duration of the Downtime or Feature Unavailability Period
- description of your attempts to resolve the Incident at the time of occurrence
We will evaluate all information reasonably available to us and make a good faith determination of whether a Service
Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within
forty-five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Service
Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Applicable
Monthly Service Fees.
Service Credits are your sole and exclusive remedy for any performance or availability issues for the SMC Service
under the Agreement and this SLA. You may not unilaterally offset your Applicable Monthly Service Fees for any
performance or availability issues.
Service Credits apply only to fees paid for the particular Project, under the purchased Plan . The Service Credits
awarded in any billing month for a particular Project Plan will not, under any circumstance, exceed your monthly
Plan fees, as applicable, in the billing month.
This SLA does not apply to any performance or availability issues
Due to factors outside our reasonable control, for example natural disaster, war, government action, network or
device failure external to the datacenters used by Systemorph, including at your site or between your site and
the datacenter where the SMC portal and its subsystems are deployed (available Azure cloud sites as chosen in
That result from the use of services, hardware, or software not provided by us, including, but not limited to,
issues resulting from inadequate bandwidth or related to third-party software or services, esp. browsers;
Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify
your use as advised;
During or with respect to preview, pre-release, beta or trial versions of a library or feature (as determined by
us) or during any offered free-of-charge period of any Plan;
That result from your unauthorized action or lack of action when required, or from your employees, agents,
contractors, or vendors, or anyone gaining access to the SMC by means of your passwords or secrets, or otherwise
resulting from your failure to follow appropriate security practices;
That result from your failure to adhere to any required configurations, use supported platforms, follow any
policies for acceptable use, or your use of the Service in a manner inconsistent with the features and
functionality of the Service (for example, attempts to perform operations that are not supported) or
inconsistent with our published guidance;
That result from faulty input, instructions, or arguments (for example, requests to access data that does not
That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our
throttling of suspected abusive behavior;
That result from your attempts to make use of libraries or features not available in your Plan;
Your initiated operations such a stop, start of notebook execution that incur downtime are excluded from the
Regularly occurring maintenance windows that incur a downtime to upgrade the portal infrastructure is excluded
from the uptime calculation.
The SMC is built on top of the Microsoft Azure Cloud. The following services of the Azure Cloud are being used, and
the SMC depends on the provided SLAs of these services by Microsoft, and is limited by them
Application Gateway (SLA)
Azure Active Directory (SLA)
Azure Active Directory B2C (SLA)
Azure Container Registry (SLA)
Azure Cosmos DB (SLA)
Azure Devops (SLA)
Azure DNS (SLA)
Azure KeyVault (SLA)
Azure Kubernetes Service (AKS) (SLA)
Storage Accounts (SLA)
Traffic Manager (SLA)
Possible Processing Activities by Systemorph:
The overall availability of the service
Manual disaster recovery
Automatic disaster recovery
Enterprise level disaster recovery
6.3 Warranties and Liability
The Basic and Pro SLA provides the warranty and liability as detailed in the Agreement.
Enterprise level SLAs are negotiated with each enterprise client individually.