Services Description

Effective Date: August 2022

The following services are subject to the terms and conditions of the MSA and Order Form. 

Section 1: Definitions

Certain capitalized terms used in this Services Description shall the meanings assigned to them herein or the MSA.

• Beta Service: Contentstack services that are not generally available to customers.
• Branch: this allows Customers to implement development branching strategies depending on their development team's needs such as testing new releases or new integrations. With Branches, a Customer’s development teams can work on parallel improvements to its digital estate without disrupting any current production environments.
• Business Days: Monday to Friday, excluding public holidays.
• Business Hours: Start, Grow and Scale Support Plans: Sunday at 9:30 pm PT to Friday at 6:30 pm PT.
• Incident: any reported Operational Fault or lack of availability of the Software resulting therefrom lasting continuously or intermittently for a period of up to 6 hours.
• MSA: the main agreement (and all associated Order Forms) between Contentstack and Customer that sets forth the terms under which Contentstack will license software to and/or perform services for Customer.
• Operational Fault: failure of the Software to operate in all material respects in accordance with this Service Description and the Documentation, including any operational failure or error referred to in section 7 below. An Operational Fault shall not be recognized unless it can be duplicated by Contentstack support personnel.
• Response Time:
• the period of time between receipt of the issue description by the relevant Contentstack support team and the initial response to the Customer.
• Stack: is a repository or a container that holds all the content/assets of a Customer web property, project, or application. It allows multiple users to create, edit, approve and publish their content. Contentstack allows Customers to create multiple stacks and invite Users (if they have required permissions) to the stack. Within a stack, Customers can create their content, add assets, define workflows, create webhooks, and access many more features.
• Support Request: a request made by Customer in accordance with this Services Description for support in relation to the Software, including correction of an Operational Fault.

Section 2: Onboarding Services

The Onboarding Services consist of the following services:

• Kick-off sessions including Dev overview, content model workshop, and train the trainers;
• Architectural sessions including an overview of our architecture (stacks, content types, web framework, etc.) as well as project and vision planning sessions; and
• End-user training.

The Order Form will specify the number of hours or days of Onboarding Services that will be made available by Contentstack. The Onboarding Services shall be valid for the Subscription Term under the corresponding Order Form under which the Onboarding Services are purchased. Any unused Onboarding Services will not be subject to any credit or refund and will not be carried forward.

Exclusions: Any services not set forth in this description are excluded from the Onboarding Services. Without limiting the foregoing, the following types of activities are outside the scope of the Onboarding Services unless otherwise provided herein or in the applicable Order Form:

• services in relation to software, data, information, goods, and/or services provided by third parties;
• the service levels and service credits set out herein do not apply; and
• code creation, code review, implementation debugging, or third-party API support.

Section 3: Add-on Services

The Add-on Services consist of Mission Control. This includes proactive API support (this is intended to help customers maximize performance while minimizing errors and cost) and response anomaly detection.

The Order Form will specify the number of hours or days of Add-on Services that will be made available by Contentstack. The Add-on Services shall be valid for the Subscription Term under the corresponding Order Form under which the Add-on Services are purchased. Any unused Add-on Services will not be subject to any credit or refund and will not be carried forward.

Exclusions:

Any services not set forth in this description are excluded from the Add-on Services. Without limiting the foregoing, the service levels and service credits set out herein do not apply.

Section 4: Standard and Scale Support

We provide in-product chat support: 24x5 (Start and Grow) or 24x7 (Scale). Customers can contact the Contentstack support team through in-product chat or by emailing support@contentstack.com. For our Scale support plan, Customers will be provided with a dedicated account rep.

Access to all releases, updates, and patches made available by Contentstack is applicable to the tier licensed. As to whether a release constitutes a new product, a new product capability, a product update, or a product patch is determined by Contentstack, at its discretion, provided that such determination shall be made consistently across all Customers.

Support Exclusions: See section 5 below.

Service Level Commitment: We will perform Standard and Scale support in accordance with the specific performance standards set forth in this Services Description, subject to any exclusions set out therein.

Aggregation. We shall and may aggregate, collect and analyze information relating to the provision, use, and performance of the Software and may use (during and after any Subscription Term) such information to develop and improve the Software and other Contentstack offerings, including disclosure of such information to third parties in an aggregated and anonymized format such that no Customer Confidential Information nor any individual or household can be identified or re-identified.

Future Functionality. Customer agrees that the Customer’s purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Contentstack regarding future functionality or features.

Section 5: Support Exclusions

Any services not set forth in this Services Description are excluded. Without limiting the foregoing, the following types of activities are outside the scope of all support plans unless otherwise provided herein or in the applicable Order Form: The Operational Fault is caused by:

• use of the Software in an operating environment other than as set forth in the Documentation;
• Customer's failure to follow any reasonable instructions of Contentstack or in the Documentation;
• use of the Software outside the terms and conditions of the MSA, the Documentation, and/or the Order Form, including the Permitted Purpose;
• Customer’s negligence, abuse, misuse, or improper handling and/or use of the Software; ·modification of the Software by anyone other than Contentstack;
• software, third-party applications, or services not provided by Contentstack;
• a Force Majeure Event.

Section 6: Service Level Agreement: Overview

Service commitment:

• We will make the Software available to the Customer pursuant to the MSA and the applicable Order Forms.
• We will use commercially reasonable efforts to make the Software available 99.50% (Start, Grow) and 99.95% (Scale) of the time, 24 hours a day 7 days a week (depending on the support plan you have selected – see section 4 above) calculated monthly, except for:
• planned downtime (of which we will aim to give at least 24 hours of electronic notice and which we will schedule (to the extent practicable) during weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday, Pacific time);
• unavailability caused by the activities listed in section 5 of this Services Description;
• emergency maintenance (we reserve the right to perform any required emergency maintenance work outside of the planned downtime window. We will use reasonable efforts to notify the Customer before commencing any emergency maintenance outside of the planned downtime window and will use reasonable efforts to limit the impact on the Customer).
• unavailability caused by any other acts or omissions of Customer or any third party acting on its behalf; unavailability caused by network unavailability or bandwidth limitations outside of our network
• issues arising from problems in the software, firmware, or hardware of our suppliers*; and
• hacks, the malicious introduction of viruses, disabling devices, and other forms of attacks that disrupt access to the Software or Software*.

(*such events shall be included in the calculation of availability if the outage could have been prevented by reasonable and customary precautions in the hosting industry, which precautions were not taken.)

Submitting support requests and access

• Customer may request support by way of a Support Request.
• Each Support Request shall include a description of the Operational Fault and, where relevant, the start time of the incident.
• Customer shall provide Contentstack with:
• prompt notice of any Operational Faults which it becomes aware of; and
• such output and other data, documents, information, and assistance, as are reasonably necessary to assist Contentstack to reproduce operating conditions similar to those present when the Customer detected the relevant Operational Fault and to respond to the relevant Support Request.
• All support shall be provided on a remote basis.

Section 7: Service Level Agreement: Response Times and Workaround/fix Target Times 

Section 8: Service Level Agreement: Service Credits

The parties acknowledge that each Service Credit is proportionate when considering the Customer's legitimate interest to address and resolve all Operational Faults as quickly as possible.

CURE OF SERVICE AVAILABILITY BREACH. WITH RESPECT TO THE PROVISION OF SOFTWARE, IN THE EVENT OF A BREACH OF THE SERVICE LEVELS SET OUT HEREIN, CONTENTSTACK WILL REMIT A SERVICES CREDIT TO THE CUSTOMER CALCULATED AT 10% PER INCIDENT PER MONTH, AND NOT TO EXCEED IN THE AGGREGATE, 30% OF PRORATED NET MONTHLY FEES FOR THE APPLICABLE SOFTWARE FOR THE MONTH IN WHICH ANY APPLICABLE BREACH OCCURRED. THE SERVICE CREDIT WILL BE PROVIDED ONLY TOWARDS ANY OUTSTANDING BALANCE FOR SOFTWARE OWED TO CONTENTSTACK, UNLESS THE MSA OR ORDER FORMS ARE TERMINATED OR EXPIRE WITHOUT BEING UPGRADED OR RENEWED, AND IN SUCH CASE, ANY OUTSTANDING SERVICE CREDITS WILL BE REFUNDED TO THE CUSTOMER. THE CUSTOMER AGREES THAT THE REMITTANCE OF SERVICES CREDITS WILL REPRESENT THE CUSTOMER’S EXCLUSIVE REMEDY, AND CONTENTSTACK’S SOLE LIABILITY, FOR ALL BREACHES OF THE SERVICE LEVELS, SET OUT HEREIN. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT CONTENTSTACK ISSUES SERVICE CREDITS FOR 3 CONSECUTIVE MONTHS OR 4 TIMES OVER ANY 6-MONTH PERIOD, THEN THE CUSTOMER SHALL HAVE THE RIGHT TO TERMINATE THE MSA UPON NOTICE TO CONTENTSTACK AND RECEIVE A PRO-RATA REFUND FOR UNUSED SOFTWARE.

Section 9: Fair Use Policy

Contentstack’s priority to its customers is to keep the Software available, which requires each Customer to have reasonable and set policies for fair use of the resources of the Software. While the Software includes broad access to a variety of resources such as API requests, storage, and bandwidth, they are not unlimited (unless expressly stated as such) or it would affect the stability of the system, including but not limited to the Software.

We include a variety of components in the Software, but we provide policies regarding certain parameters in order to keep the Software stable, available and uniform. Customers who exceed these parameters will be required to have a separate infrastructure to which additional costs shall apply.

We reserve the right to update the limits, guidelines, and parameters including (without limitation) adding limits on modules created in the future. All customers are required to comply with the limits, guidelines, and parameters set out in the MSA, Order Form, and this Services Description.

Key Parameter Policies ·

• Asset Size: Currently, using the dialog, you can select up to 10 assets at a time. The size of an asset should not exceed 700 MB. The maximum number of Assets per Org shall not exceed 500,000.
• Branches Per Stack Per Org: The maximum number of Branches allowed per Stack is 5.
• Bulk Actions: There are certain limitations that we have applied to the option to publish entries in bulk. Let us understand what they are:
• At a time, you can publish 10 entries in 10 languages and on 10 environments
• The rate limit for bulk actions is 1 request per second
• Content Delivery API: CDN-Origin Rate Limits: The rate limit is the maximum number of requests that you can make using any Contentstack API in a given period. There are no limits on the requests that you make to the cached data on Contentstack’s CDN. Contentstack's API automates caching to enable our API to scale. For uncached requests, i.e., requests to the origin server, there is a maximum limit of 100 requests per second per organization. The rate limit depends on your plan, and you can request an increase in your rate limit if necessary.
• Content Management API Read/Write Limits: By default, any Contentstack Management API enforces the following rate limits:
• Read (GET) requests: 10 requests per second per organization
• Write (POST/PUT/DELETE) requests: 10 requests per second per organization

Your application will receive the HTTP 429 response code if the requests for a given time period exceed the defined rate limits.

• Content Types: The maximum number of Content Types per Org shall not exceed 1,000.
• Digital Properties: Digital Properties are defined as production-level presentation layers (web, mobile, IoT, in-game, etc.) and should be limited per Stack. We are no longer charging for Digital Properties, however, if your plan currently caps the number of Digital Properties, we will continue to enforce limits on the number of production properties that can be powered per Stack.
• Entries: The maximum number of Entries per Stack shall not exceed 2,000,000.
• Environments: Environments represent duplicate instances of an entry published in each environment. The maximum number of environments per Stack shall not exceed 3.
• Locales: Locales represent duplicate instances of an entry published in each language, market, or region. The maximum number of locales per Stack shall not exceed 150.
• Stacks Per Org: A Contentstack subscription includes one Stack. Additional Stacks may be purchased on a per-Stack add-on price that is defined by the tier of the subscription. Customers cannot go above the defined Stack allowance without incurring marginal costs for the additional Stacks. Legacy customers may keep the stacks they currently have, but will not be allowed to create new Stacks unless they pay for them. Additionally, Contentstack reserves the right to charge for those stacks retroactively or limit access to certain features (namely Branches) based on unreasonable data usage from the high number of Stacks in that Org.
• Branches Per Stack:
• Start: 2
• Grow: 3
• Scale: 5
• Add-ons:
• High Availability Package: 24x7 Support (Section 4) and 99.95% uptime (Section 6) as defined above.
• Business Enablement Package: Live Preview, Comments, and Discussions, Bulk Operations
• User, Role, and Management Enablement Package: SCIM API, IdP Role Mapping
• Mission Control Package: Mission Control Panel, Mission Control Expert Monitoring
• Automation Hub:
• Included in Beta: 200 executions per month with no overages
• Small: 5,000 executions per month, overages charged per Order Form
• Medium: 50,000 executions per month, overages charged per Order Form
• Large: 500,000 executions per month, overages charged per Order Form

Contentstack has a number of other parameters that may impact the operation of the Software. In the unlikely event, any of these other parameters are exceeded, we will reach out to the Customer to identify and address the issue before any further steps are taken.

Section 10: Breach

If the Customer breaches the terms and conditions set forth in this Services Description, then we may suspend or terminate the Customer’s access to the Software and Services as set forth in the MSA. No service credit or remedy under the service levels is available for interruption of service for such breaches.

Section 11: Beta Services

From time to time, we may invite Customers to try Beta Services at no charge. The customer may accept or decline any such trial at the Customer’s sole discretion. Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a description of a similar import. Beta Services are for evaluation purposes and not for production use, are not considered “Software” under the MSA or this Services Description, are not supported, and may be subject to additional terms. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of 90 days from the trial start date or the date that a version of the Beta Services becomes generally available. We may discontinue Beta Services at any time at our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.

Beta Services Release. Customer and its directors, employees, agents, representatives and assigns agree to release Contentstack from any liability for any claims, damages, or legal causes of action arising from the use of the Beta Services. In doing so, the Customer acknowledges that it is familiar with Section 1542 of the California Civil Code, which provides as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released part.”

“Customer and its directors, employees, agents, representatives, and assigns agree hereby waive and relinquish all rights and benefits which they have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that they may lawfully waive all such rights and benefits pertaining the Services.”

Contentstack reserves the right to end of the life of a Service (or any part thereof) during a Subscription Term and if we do so, we will provide a pro-rata refund of any associated Fees paid in advance by the Customer. The customer acknowledges that the Services and SLAs set out in this Services Description are subject to technical progress and development and that Contentstack may update or modify such from time to time provided that such updates and modifications do not result in a material decrease in the overall level of service provided during a Subscription Term.