Struction License Terms and Conditions
Struction Incorporated ("Struction") operates and maintains a software-based platform that incorporates machine learning models and AI-assisted features to automate construction plan takeoffs and workflows for large and small scale construction projects and related services in connection therewith (the "Platform"). These Struction License Terms and Conditions ("Terms") govern the use of the Platform and such other software, documentation and all information, data and other content made available, used or accessed by Customer, as an individual or, if accessing or using the Platform on behalf of another individual, organization, or entity (" Entity"), that Entity (in either case, "Customer"). By entering into an Order (as defined below), accessing or using any part of the Platform, or by clicking "I agree" to these Terms, Customer agrees that it shall be bound by these Terms. Together, these Terms and all Orders subject to these Terms form the parties' entire agreement regarding any access to or use of the features and functionality of the Platform set forth in Orders (the "Agreement").
Struction Service Level Agreement
1. Support Requests
The Support Services will be accessible to Authorized Users with administrative privileges ("Administrative Users") in the following ways: Email: help@struction.co
2. Standard Support Services Availability
The Struction Support and Helpdesk is available during regular business hours with the exclusion of holidays. Support Services outside the business days and business hours may be provided, on a case-by-case basis and upon agreement between the parties.
3. Support Policy
a. For purposes of this Appendix, an "Incident" is any event or series of events that materially disrupts, degrades, or otherwise adversely impacts the availability, performance, or functionality of the Platform Technology.
b. In any request for support filed through the Struction Support and Helpdesk by an Administrative User, an initial severity level of any request or Incident should be estimated and indicated within the Support Request by the Administrative User or in consultation with the Struction support representative if communication has already occurred between Struction and the Administrative User and the Administrative User was unable to estimate such severity level. The severity level of an Incident shall be assigned in accordance with this table:
| Severity | Definition | Target Response Time |
|---|---|---|
| CRITICAL | Major functionality not working for all or most users, with no known workaround | 8 Hours |
| HIGH | Major functionality not working for one or a few users with no known workaround; OR minor functionality not working for several or all users with no known workaround | 16 Hours |
| MEDIUM | Minor functionality not working with no workaround available; OR major functionality not working with an available workaround | 3 Days |
| LOW | Minor issue that impacts product usability for one or a few users, and a workaround is available; OR any other subject not related to a production issue | 14 Days |
c. Support only applies to technical Issues with the Platform. Struction has no obligation to provide any services or support any issue relating to: (a) Customer's failure to adhere to any required configurations or workarounds, (b) Customer's use of the Platform in a manner consistent with the features and functionality of the Platform; or (c) any of the exclusions listed in Section 4 below.
4. Platform Uptime Commitment
a. Provided that Customer is in compliance with the terms and conditions of the Agreement to which these SLAs are a part, during the Term of the Agreement, Struction will use commercially reasonable efforts to ensure the Platform is available 99% of the time, measured monthly, and subject to the exclusions excluding set forth below (the Uptime Commitment").
b. The Uptime Commitment excludes downtime on or arising out of any of the following: (a) use of the Platform not in accordance with the Agreement; (b) acts or omissions of Customer, its Authorized Users, or any third party (unless undertaken at the express direction of Struction); (c) Customer's equipment or third-party computer hardware, software, or network infrastructure; (d) outages in third-party hosted services (e.g., Amazon Web Services, Google Cloud Services, or the like); or (e) holidays and weekends or scheduled maintenance; or (f) any other cause outside of Struction's reasonable control.
c. Customer's sole and exclusive remedy, and Struction's entire liability, in connection with failure to meet the Uptime Commitment shall be that for each period of downtime lasting longer than one consecutive hour, Struction will credit Customer 5% of the monthly Fees, provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer submits a Support Request noting the downtime and continues until the availability of the Platform is restored. If Customer does not submit a Support Request relating to downtime Customer forfeits the right to receive downtime credit. Downtime credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one week of Fees in any one calendar month in any event. Struction will only apply a credit to the month in which the Issue occurred. Struction's blocking of data communications or other services in accordance with its policies shall not be deemed to be a failure of Struction to provide adequate service levels under this SLA.