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Service Level Agreement for the “Patent Expert Assistant” Service

This document defines the service level of the “PATENT EXPERT ASSISTANT” service (hereinafter, respectively, the “Agreement», «Service”) and is an integral part of the User Agreement, compliance with the terms of which is a mandatory condition of the License Agreement for the use of the Service (a public offer posted on the Website, the terms of which are unconditionally accepted by the Client, or an individual license agreement concluded between the Company and the Client) entered into between IIP-Intellektualnye Sistemy LLC (Общество с ограниченной ответственностью «ИИП-ИНТЕЛЛЕКТУАЛЬНЫЕ СИСТЕМЫ»), hereinafter referred to as the “Company”, and legal entities using the Service, hereinafter referred to as the “Client”.

A mandatory condition for the Company to provide guarantees regarding the service level of the Service is the Client’s entry into the License Agreement.

TERMS AND DEFINITIONS

Response Time — the time, expressed in calendar hours, elapsed from the moment of registration of the Request until the moment the Company actually starts work to restore the operability of the Service. The actual start of the Company’s work to restore the operability of the Service is the Company’s posting on the website of information about the start of work to restore the operability of the Service.

Application — an appeal by the User/Client to the Company regarding the operation of the Service, including a change of parameters, a decrease in quality or unavailability of the Service.

Excluded Periods — the time specified in section 3 of the Agreement that is not taken into account when calculating availability.

Service Usage Credit — a compensation measure provided to the Client in the form of an extension of the term of the current Subscription under the Plan chosen by the Client for a certain number of calendar days in the event of the Company’s failure to comply with the terms of the Agreement.

Permissible Period of Unavailability — a continuous period of time of no more than 30 (Thirty) minutes within a calendar day during which the Functionality of the Service is completely unavailable to all of the Client’s Users, provided that the internet connection on the Client’s side is working correctly. The fact and time of the Unavailability Period are recorded by the Company’s monitoring systems.

Subscription — a set of the Client’s rights to use the Service, provided in accordance with the Plan for the term determined by the Plan selected by the Client, subject to payment by the Client.

Calculation Period — one calendar year of validity of the Subscription under the License Agreement, unless otherwise provided by the Plan.

Service Website – the internet website available at: https://posint.ru.

Service — the Company’s software complex “PATENT EXPERT ASSISTANT”, provided under the SaaS (Software as Service) model, including computer programs, databases, algorithms and a web interface for providing Users with remote access to the Service Functionality.

Plan — a description of the functional capabilities of the Service – metrics of operations corresponding to a certain number of Tokens, indicating the cost of the Subscription, published on the Company’s website at: https://posint.ru/plans/, which is an appendix to the individual license agreement.

Token – an indivisible conventional accounting unit (digital identifier), the calculated value of which corresponds to certain metrics of operations of the Service Functionality available to the Client in accordance with the Plan selected by the Client. The cost of a Token is a calculated value derived from the cost of each metric of the corresponding Plan. The number of Tokens available to the Client is determined by the Plan selected by the Client.

Service Availability Level is the guaranteed availability time of the Functionality of the Service during the Calculation Period.

Unless otherwise provided by this Agreement, the definitions and terms used in the Agreement apply in the meaning established in the User Agreement.

1. SUBJECT OF THE AGREEMENT

1.1. In accordance with the Agreement, the Company provides Clients with a guarantee of the Service Availability Level on the terms of this Agreement.

1.2. The guarantee of the Service availability level under the terms of the Agreement applies solely subject to compliance by the Client/Client Administrator/User with the User Agreementand the License Agreement for the use of the Service concluded between the Company and the Client.

2. AVAILABILITY OF THE SERVICE. COMPENSATION PROCEDURE

2.1. The Company makes commercially reasonable efforts to ensure round-the-clock availability of the Service.

2.2. Availability of the Service is ensured on a 24x7x365 basis (24 hours a day, 7 days a week, 365 days a year), except for the period of preventive or repair work. For a leap year – on a 24x7x366 basis (24 hours a day, 7 days a week, 366 days a year).

2.3. The Company has the right, after prior notice posted on the Website, to carry out preventive work in relation to the Service. If it is necessary to carry out emergency work required to prevent/eliminate accidents and other circumstances threatening the operability and security of the Service, the Company has the right to suspend the operation of the Service until a notice is posted on the Website.

2.4. The Company undertakes to maintain constant availability of the Service during the Billing Period, except for Permissible Periods of Unavailability.

2.5. In the event of unavailability of the Service for more than 30 (Thirty) minutes within a calendar day, the Company records the actual time of unavailability of the Service and counts the specified time, rounded to calendar days, as a Service Usage Credit after the expiration of the Subscription term.

2.6. Providing the Client with a Service Usage Credit in the form of an extension of the Subscription term is the exclusive method of compensation for non-compliance with the Service Availability Level defined by the Agreement. The Service Usage Credit is non-refundable and not convertible into cash (payment of monetary compensation to the Client is not provided for).

2.7. By accepting the terms of the Agreement, the Client accepts that the provision of a Service Usage Credit on the terms of the Agreement is the Client’s exclusive remedy in connection with non-compliance of the Service Availability Level with that guaranteed by the Agreement, and the Client is not entitled to demand from the Company any other compensation, including reimbursement of losses (both direct and indirect), a reduction in price or termination of the License Agreement on these grounds.

2.8. The Service Usage Credit is provided on the basis of an Application from the Client at the end of the Calculation Period.

3. LIMITATION OF THE COMPANY’S LIABILITY. EXCLUDED PERIODS

3.1. The following do not constitute a violation of the Service Availability Level and are not subject to compensation:

  • periods of unavailability of the Service caused by the Company’s preventive maintenance of the Service;
  • periods of unavailability of the Service caused by actions of the User, the Client Administrator or the Client that resulted in the unavailability of the Service;
  • periods of suspension of access to the Service, as well as instances of termination of access to the Service, including in the event of termination of the License Agreement, caused by a violation by the User, the Client Administrator or the Client of the provisions of the User Agreement and/or the License Agreement;
  • periods of unavailability of the Service related to failures outside the Company’s area of responsibility, including (but not limited to): network attacks (DDoS, etc.), errors in the operation of the domain name system, inoperability of segments of the Internet, problems in the operation of communication networks not under the Company’s control, failures in the operation of external services and integrations access to which is not controlled by the Company;
  • periods of unavailability of the Service related to the need to carry out emergency work required to eliminate critical security vulnerabilities or to prevent a large-scale disruption of the Service.
  • periods of unavailability of the Service related to the automatic restriction of access to the Service when the User exceeds the limits of the Plan.
  • periods of unavailability of the Service related to restrictions/requirements imposed by government authorities;
  • periods of unavailability of the Service caused by force majeure circumstances (force majeure).

3.2. In the event of disputes regarding the calculation of the period of unavailability for compensation, the Company’s measurement tools and methods are considered the primary evidence.

4. PROCEDURE FOR NOTIFICATION OF SERVICE DISRUPTIONS

4.1. Users/the Client are obliged to report any detected violations in the operation of the Service by sending an Application to the Company’s technical support service at the following e-mail address: mail@posint.ru.

4.2. The Company is not liable for incidents of which the User/Client did not notify in the manner specified in cl. 4.1 of the Agreement.

5. FINAL PROVISIONS

5.1. The Company reserves the right to change the terms of the Agreement by publishing a new version on the Service Website.

5.2. The rights and obligations of the Parties arising under the User Agreement.

5.3. The current version of the Agreement is published on the Website at: https://posint.ru/user-agreement/.