Finch Support and Availability Policy

Last Updated April 26, 2022


Finch

Finch Support and Availability Policy

This Support and Availability Policy (the “Policy”) sets forth the policies and procedures with respect to the Service provided by Finch to a customer (“Customer”) pursuant to a separate Service agreement between Finch and Customer (a “Customer Agreement”).

Summary

As further described below, Finch will use commercially reasonable efforts to provide standard support to Customer.

Support

Finch will use commercially reasonable efforts to provide support to Customer for defects with the Service in accordance with the corresponding levels of business impact.  Any other support services are outside of the scope of this policy and must be separately agreed in writing by Customer and Finch.

All service requests logged with support are assigned a severity level from 1 to 4 based on the impact on Customer’s business. Customer determines the initial severity level when placing a request for assistance. Severity levels may be changed after initial contact and assessment of the issue from a Finch support engineer.

Finch will provide technical support to Customer via both Slack and electronic mail on weekdays during the hours of 9:00 am through 6:00 pm Pacific time, with the exclusion of Federal Holidays (“Support Hours”). 

Customer may initiate a helpdesk ticket during Support Hours by messaging the shared Slack channel or any time by emailing developers@tryfinch.com.

Support Levels

Level

Target Response Time

Level 1 - Critical Business Impact

Within 1 hour

Level 2 - Significant Business Impact

Within 3 hours

Level 3 - Minimal Business Impact

Within 6 hours

Level 4 - Nominal Business Impact

Within 1 Business Day

Level 1 - Critical Business Impact

Customer's production use of Finch’s Service on a primary business service, major application, or mission-critical system is stopped across all providers or so severely impacted that Customer cannot reasonably continue work.

Customer resources must be made available in Severity Level 1 situations and Customer must reasonably cooperate to help resolve the issue.

Severity Level 1 problems could have the following characteristics:

  • No response across the entire system
  • Inability to sync any data across all active connections
  • Critical functionality not available

Level 2 - Significant Business Impact

Important Service features are unavailable with no acceptable workaround. Customer's implementation or production use of Finch’s Service in a primary business service, major applications or mission critical systems are functioning with limited capabilities or are unstable with periodic interruptions. The Service may be operating but is severely restricted.

Severity Level 2 problems could have the following characteristics:

  • Service error or failure forcing a version update 
  • Inability to sync data across 3 or more providers
  • Functionality unavailable but the system is able to operate in a restricted fashion.

Level 3 - Minimal Business Impact:

Service features are unavailable but a workaround exists and the majority of software functions are still useable. Minor function/feature failure that Customer can easily circumvent or avoid. Customer's work has minor loss of operational functionality.

Severity Level 3 problems could have the following characteristics:

  • Error message with workaround such as admin reauthorization
  • Minimal performance degradation
  • Incorrect Service behavior with minor impact
  • Questions on Service functionality or configuration during implementation

Level 4 - Nominal Business Impact:

Minor problem or question that does not affect the Service function such as API guides, documentation, general questions, or enhancement requests. There is no impact to Service usage or Customer's operations.

Severity Level 4 problems could have the following characteristics:

  • General requests for advice on Service usage
  • Clarification on Service documentation or release notes
  • Service enhancement request

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This document (the “Service Level Description”) contains Finch’s Service Levels for the Subscription Services provided by Finch to Customer pursuant to a Sales Order and the Finch Subscription Agreement (the “Agreement”) under which Customer acquired its rights to use the Finch Platform. This Service Level Description is an “Additional Terms of Service” for purposes of the Agreement. 

1. Definitions

Except as otherwise expressly defined in this Service Level Description, capitalized terms have the meaning ascribed to them in the Agreement. For the purposes of this Service Level Description, the following capitalized words and phrases are ascribed the following meanings: 
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“Connected employers” are the end users authorizing access to their data using Finch’s Services. They are successfully connected when Finch confirms access or data is accessed by the Customer. 

“Available” means that the Finch Platform, in the form provided by Finch, is capable of responding to incoming requests from Users to process and display compatible data, which requests have been properly transmitted over the Internet for 50% or more successfully connected employers, and “Availability” has the corresponding meaning. 

“Defect” means a failure of the Finch Platform, in the form provided by Finch, to conform to its applicable specifications set forth in the Documentation. A Defect includes a failure of one or more components of the environment or infrastructure provided by Finch or AWS to perform in accordance with their applicable documentation or specifications. Defect excludes situations where underlying data providers’ systems are down or unavailable due to internal errors or maintenance that is outside Finch’s control. 

“Downtime” means any period of time in which the Finch Platform is not Available.

“Force Majeure Event” has the meaning ascribed to it in the Agreement. 

“Monthly Subscription Fees” means the annual subscription Fees specified in the applicable Sales Order, prorated on a monthly basis.
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2. Service Levels
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2.1. Service Level Standards. During the Subscription Term, Finch will maintain the following service levels for the Finch Platform (collectively, the “Service Levels”), failing which it will pay the “Service Level Credits” described below:

2.1.1. Availability Service Level. The average Availability of the Finch Platform in each month will be at least 99.90% excluding any Force Majeure Events that result in Downtime, as measured and monitored from Finch’s facilities (the “Availability Service Level”).

2.1.2. Determination of Availability. Availability will be calculated on a monthly basis using the following formula: (Actual Availability divided by Total Scheduled Availability) multiplied by 100. The following terms apply with respect to the calculation of Availability: “Actual Availability” means Total Scheduled Availability minus Downtime, in minutes. “Total Scheduled Availability” means 7 days per week, 24 hours per day.

2.2. Reporting. During the Subscription Term, Finch will publish monthly reports that address Finch’s performance with respect to the Service Levels which can be found at https://status.tryfinch.com/

2.3. Service Level Credits. If Finch fails to meet the Service Levels, Customer will be eligible to request a credit calculated as follows (the “Service Level Credits”):

2.3.1. SLA Penalty for Service Availability Service Level Failure. If Finch fails to meet the Availability Service Level during any given month and Customer requests a Service Level Credit, then Finch will provide Customer with a Service Level Credit equal to the percentage of the Monthly Subscription Fees for the month in which the service level failure occurred, corresponding to the Finch Platform Availability Level specified in the “Availability Service Level Credits” table below. Each Service Level Credit will be paid by Finch to Customer by way of a credit on the next invoice submitted by Finch to Customer. If any credits are unutilized upon expiration or termination of the Subscription Term, than Finch will apply such credits to any other Fees or expenses payable by Customer to Finch. If there are no such other Fees or expenses, then Finch will pay Customer the credit amount.
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‍Finch Platform Availability Level

Service Level Credit

< 99.9% - >= 99.0%

5.0% of the Monthly Subscription Fee applicable to month in which failure occurred 

< 99.0% - >= 95.0%

10.0% of the Monthly Subscription Fee applicable to month in which failure occurred

< 95%

20.0% of the Monthly Subscription Fee applicable to month in which failure occurred
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2.4. Termination Rights. If the Availability of the Finch Platform is less than 99.00% in any three months over any consecutive six month period then Customer may terminate the Subscription Services, by delivery of notice to Finch to that effect within 30 days of the last of such failures. If Customer terminates in accordance with the foregoing, then Finch will refund to Customer a pro-rata amount of any affected Subscription Services fees prepaid to Finch and applicable to the unutilized portion of the Subscription Term for terminated Subscription Services, and any affected unutilized Professional Services fees prepaid to Finch.

2.5. Limited Remedy. The rights to Service Level Credits and the termination rights specified in Section 2.4 above are Customer's sole and exclusive remedy for any failure by Finch related to the availability of the Finch Platform. The maximum total credit for failure to meet the Service Levels for any given month will not exceed 20% of the Monthly Subscription Fees. Service Level Credits that would be available but for these limitations will not be carried forward to future months.

2.6. Scope. The Service Level commitments apply only to production use of the Finch Platform, and do not apply to any non-production accounts, such as staging and testing accounts. The Service Levels apply only if Customer’s utilization of the Finch Platform is within the Entitlements specified in the applicable Sales Order. Customer is not entitled to any Service Level Credit if it is in breach of the Agreement (including Customer’s payment obligations) at the time of the occurrence of the event giving rise to the credit. To receive a Service Level Credit, Customer must contact its Finch account manager within ten (10) days of the occurrence of the event giving rise to the credit.