Terms and Conditions
Terms of Service
1.1 Welcome to the our platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a our account (“Account”) so that you are aware of your legal rights and obligations with respect to GIS Co., Ltd. and its affiliates and subsidiaries (individually and collectively, “GIS”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by our client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by GIS.
1.3 GIS reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time. GIS may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. GIS may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.4 GIS reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING GIS SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE.
- (ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and GIS; and
- (iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without GIS’s prior written consent.
2.2 Users in possession of another user’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the user whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. LIMITED LICENSE
3.1 GIS grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of GIS and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with GIS. You acknowledge that GIS may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. GIS reserves all rights to the software not expressly granted by GIS hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by GIS.
5. ACCOUNTS AND SECURITY
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify GIS of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. GIS will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
5.3 You agree that GIS may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, Grounds for such actions may include, but are not limited to (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behavior that is harmful to other users, third parties, or the business interests of GIS. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, GIS may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify GIS in writing (including via email at email@example.com) of their desire to do so. Notwithstanding any such termination, users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and users must contact GIS after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. GIS shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by GIS.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, GIS may effect such termination with or without notice to you.
6.2 You agree not to:
- (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- (b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights;
- (c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way
- (d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- (f) remove any proprietary notices from the Site;
- (g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of GIS;
- (h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
- (i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
- (j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
- (k) access the our platform, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software;
- (l) manipulate the price of any item or interfere with other product listings;
- (m) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by GIS with respect to the Services and/or data transmitted, processed or stored by GIS;
- (n) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
- (o) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (p) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (q) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;
- (r) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
- (s) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- (t) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other user’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- (u) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
- (v) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
- (w) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
- (x) infringe the rights of GIS, including any intellectual property rights and any passing off of the same thereof;
- (y) use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above; and/or
- (z) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
6.3 You acknowledge, consent to and agree that GIS may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over GIS or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GIS, its users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
- Listing deletion
- Limits placed on Account privileges
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief before the court’s judgment or order
7.2 If you believe a user on our Site is violating these Terms of Service, please contact firstname.lastname@example.org
8. PURCHASE AND PAYMENT
8.1 GIS supports one or more of the following payment methods in each country it operates in:
- (i) Credit Card Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary
- (ii) Bank Transfer Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated GIS Guarantee Account. Buyer must provide GIS with the transfer receipt or payment transaction reference as payment confirmation. If payment confirmation is not received by GIS, Buyer’s order will be cancelled.
8.2 GIS takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
GIS welcomes information and feedback from our users which will enable GIS to improve the quality of service provided. Please refer to our feedback procedure below for further information:
- (i) Feedback may be made in writing through email to or using the feedback form found on the website.
- (ii) Anonymous feedback will not be accepted.
- (iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
- (iv) Vague and defamatory feedback will not be entertained.
10.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GIS C OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIS DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
10.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.3 GIS HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES AND YOU AGREE TO RELEASE GIS AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
11. EXCLUSIONS AND LIMITATIONS OF LIABILITY
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
- (i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
- (ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF GIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
11.3 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GIS’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF GIS THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
12. LINKS TO THIRD PARTY SITES
Third party links will let you leave this site and the sites they link to are not under the control of GIS in any manner whatsoever and you therefore access them at your own risk. GIS is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. GIS is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by GIS of any linked site and/or any of its content therein.
13. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
13.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, GIS is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold GIS responsible for any user’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
13.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by GIS. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. GIS has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that GIS shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that GIS may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
14. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- (a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
- (b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations
15. FRAUDULENT OR SUSPICIOUS ACTIVITY
If GIS, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions. The actions we may take include but are not limited to the following:
- (a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
- (b) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts; and
- (c) We may refuse to provide the Services to you now and in the future.
You agree to indemnify, defend and hold harmless GIS, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, an employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:
- (a) any transaction made on the Site, or any dispute in relation to such transaction (except where GIS or its affiliates is the seller in the transaction that the dispute relates to),
- (b)the hosting, operation, management and/or administration of the Services by or on behalf of GIS,
- (c) your violation or breach of any term of these Terms of Service or any policy guidelines referenced herein,
- (d) your use or misuse of the Services, or
- (f) your breach of any law or any rights of a third party.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
18. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Thailand without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to GIS or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Thailand in accordance with the Arbitration Rules of the Thailand Arbitration Centre (“THAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be Thai.
19. GENERAL PROVISIONS
19.1 GIS reserves all rights not expressly granted herein.
19.2 GIS may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
19.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
19.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and GIS, nor does it authorize you to incur any costs or liabilities on GIS’s behalf.
19.5 The failure of GIS at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
19.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for GIS’s affiliates and subsidiaries (and each of GIS’s and its affiliates’ and subsidiaries’ respective successors and assigns).
19.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
19.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
19.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: email@example.com
Last Updated: June 17, 2021
Servicer Level Agreement of Pinpoint Platform (SLA)
During the Term of Customer’s Pinpoint Core License Agreement (the “Agreement”), for any of the Covered Services, Pinpoint will use reasonable commercial efforts to provide to Customer a guaranteed Monthly Uptime Percentage of at least 99.9% for each Covered Service (the “Service Level Agreement” or “SLA”).
If Pinpoint does not meet the SLA, and if Customer meets its obligations under this SLA, Customer will be eligible for the Financial Credits described as terms and conditions.
Enterprise Service Level Agreement
This Enterprise Service Level Agreement only applies if your enterprise contract with us specifically references this Service Level Agreement. The Pinpoint APIs used by you within the limits set forth in your plan or Order (including any Overages), will be available 99.9% of the time every month.
Service Level Agreement in respect to Severity Guideline
All Services requested shall be assigned to the level of severity only as ‘Critical’, ‘High’, ‘Medium’, ‘Low’ by Pinpoint. Severity definitions are described below :
- S1 – Critical Severity means Service Unusable in Production. Critical service issues affecting all users. Service unavailable or unusable with no workaround.
- S2 – High Severity means Service Severely Impaired. This issue is critically impacting a single user or a subset of users. Service does not work as expected, with no feasible workaround.
- S3 – Medium Severity means Service Partially Impaired. Service does not work as expected but a workaround is available.
- S4 – Low Severity means Service Fully Usable. Service does not work as desired, but functions (a workaround is not necessary).
|Severity||S1 – Critical Severity||S2 – Hign Severity||S3 – Medium Severity||S4 – Low Severity|
|Service Availability||All time||Office hour in working day|
|Time to Remedy||Within 4 hours||Within 1 week||Within 3 week||Within 4 week|
|Restoration Time||Within 2 weeks||Within 30 days||Within 90 days||Within 120 days|
Remedy : A remedy is the action(s) required to solve a problem by limiting its effects. The remedy may cause restrictions in system performance.
Restoration : A Restoration is the action(s) required to prevent the reoccurrence of a problem and/or any underlying causes of a problem. When a restoration is implemented, the system is restored to state it was in before the problem occurred.
Restoration Time : The time measured between the time when Pinpoint makes a request for a problem and the time when the problem is finally resolved, including any change in source code.
Customer Must Request Financial Credit
In order to receive a Financial Credit, Customer must notify Pinpoint Technical Support within 30 days from the time Customer becomes eligible to receive a Financial Credit, for each individual Covered Service. If Customer does not comply with this requirement, Customer will forfeit its right to receive a Financial Credit.
When requesting Financial Credit, Customer must provide Pinpoint with date and time information regarding the Downtime for a specific Covered Service. Customer acknowledges and agrees that Pinpoint will assess and determine whether the specified Covered Service failed to meet the SLA, and that Financial Credits are eligible. If a dispute arises with respect to this SLA, Pinpoint will make a determination in good faith based on the available information, which Pinpoint may make available for auditing by Customer at Customer’s request.
If GIS cannot meet Service Level Agreement in respect to Severity Guideline, paid users are guaranteed to get credit back after they request financial credit. The number of financial credits refund is calculated from a monthly average of credit usage by each paid customer during the excess time. Financial Credits will be made in the form of pinpoint credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested. This credit refund condition is at the discretion of GIS.
If issue is found, We will send an issue report that describes problem information, duration of the problem, effect, and how to fix the problem to user via registered email by day 7th of the following month
The SLA does not apply to any
- (a) features designated Early Access (“Trusted Tester”), Alpha, or Beta (unless otherwise set forth in the associated Documentation or if the controlling Agreement specifically states the SLA applies);
- (b) features or Services excluded from this SLA (as stated in the associated Documentation); or
- (c) performance issues or errors:
- (i) caused by factors outside of Pinpoint’s reasonable control;
- (ii) that resulted from any actions or inactions of Customer or any third parties;
- (iii) that resulted from Customer’s or a third party’s software or hardware;
- (iv) that resulted from abuses or other behaviors that violate the Agreement;
- (v) that resulted from quotas applied by the system or listed in the Admin Console; or
- (vi) that resulted from Customer use of the Covered Service inconsistent with the Documentation, including but not limited to invalid requests, unauthorized use, or inaccessible data.
- (d) scheduled maintenance, provided we notify you at least 48 hours in advance;
- (e) unavailability is due to a force majeure event, including any force majeure events specified in your contract with us; or
- (f) if you are in breach of any of the terms of your contract with us (including your payment obligations to us), or the unavailability is otherwise due to your actions
How to Notify Pinpoint Technical Support
Customer must notify Pinpoint Technical Support within 30 days from the time Customer becomes eligible to receive a Financial Credit, for each individual Covered Service via Pinpoint Hotline
Last Updated: June 17, 2021