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SAPLING TECHNOLOGIES, INC (“SAPLING”).

Last Updated: May 6, 2019

1. Platform Availability Measurement and Remedy

1.1 Definitions.

''Force Majeure Event" means (i) extraordinary governmental action: (ii) material labor disputes, difficulties or work stoppages or slowdowns (excluding strikes by Sapling’s own workforce): (iii) hurricane, earthquake, flood and other natural disasters or fires; (iv) war, rebellion, act of terrorism, or civil disorder; or (v) any other cause beyond Sapling’s reasonable control that is not avoidable by reasonable due diligence and provided such cause is not attributable to Sapling.

"Maintenance Outage" means a planned maintenance period, which does not exceed an aggregate of four (4) hours in any calendar month, and for which written notice is provided at least 3 days in advance, and which is held between the hours of Friday at 11:55 pm Pacific Time and Sunday 11:55 pm Pacific Time.

Platform Outage" means any time when the Platform Service is inoperable or unavailable, excluding specifically the following reasons: (i) Customer’s own telecommunications or Internet service providers: (ii) a Force Majeure Event; (iii) Maintenance Outage; or (iv) any failure in Customer's own hardware, software or network connection.

"Hours of Operation" will be the total number of hours in the month, excluding any time for Maintenance Outages and Force Majeure Events.

1.2 Availability of Platform.

Sapling warrants that the Platform will be available at least 98.5% of the time measured monthly using the following formula:

Availability of Platform

=

Hours of Operation – Platform Outage
 ____________________________________

              Hours of Operation 

 

 

1.3 Sole Remedies for Failure to Meet the Uptime Service Level Commitment.

For each calendar month in which Sapling has Uptime of:                                  

Sapling will:

less than 98.5% but above 95%

provide Customer with a service credit in an amount equal to 5% of the then monthly fees

between 95% and 90%

provide Customer with a service credit in an amount equal to 10% of the then monthly fees

less than 90%

provide Customer with a service credit in an amount equal to 15% of the then monthly fees. Customer may also terminate this Agreement upon thirty (30) days written notice (which notice must be given within sixty (60) days of the end of the calendar month in which the Uptime was less than 90%).

 

Sapling Support Policy

This Support Policy for Sapling Platform Services is entered as of the Order Form Effective Date and is governed by and made a part of the Agreement between Customer and Sapling.

In the event of a conflict between the terms of this Support Policy and the terms of the Agreement, the terms of the Agreement will prevail. All capitalized terms not otherwise defined herein will have the same meaning as in the Agreement.

Support and Success Plan Offerings.

Sapling offers the following service and support packages, Sapling Silver, Sapling Gold, and Sapling Platinum (“Support Level”). Sapling Silver is included in the subscription fees for Sapling Platform Services stated in the Order Form Platform and Support Services section unless an alternative Support Level is specified.


2. Scope of the Support and Success Services.

Each Support Level is made up of a collection of support and success services described in this Support Policy.

2.1 Support Levels.

2.1.1 Sapling Silver.

Foundational support and engagement with focus on customer interaction and issue resolution.

2.1.2 Sapling Gold.

An add on to Sapling Sliver that includes strategic-focused guidance that goes beyond the foundational support and engagement to help Customer get the most value from Sapling Platform Services

2.1.3 Sapling Platinum.

An add on to Sapling Silver that includes strategic-focused guidance that goes beyond the foundational support and engagement to help Customer get the most value from Sapling Platform Services. Sapling Premium includes prioritized routing of support interactions, elevated service levels, regular consultation on best practices and access to specialized success offerings with an assigned Customer Success Manager.


2.2 Support and Success Services by Support Level.

All support interactions initiated by Customer Designated Support Contacts subject to Support Sapling Service Level Agreement defined below. Sapling support provides initial contact for Designated Support Contacts through the available Support Contact Channels in English only.

The support and success services included by Support Level are described in the table below. Capitalized Terms are further defined at the end of this Support Policy.

 

Silver

Gold

Platinum

Unlimited In-app Chat

Support for any issues during Support Hours (English only)

Monday thru Friday 6:00 am through 6:00 pm PT, with the exclusion of US Federal Holidays (“Support Hours”).

Priority Routing

Monday thru Friday 6:00 am through 6:00 pm PT, with the exclusion of US Federal Holidays (“Support Hours”).

Priority Routing

Monday thru Friday 6:00 am through 6:00 pm PT, with the exclusion of US Federal Holidays (“Support Hours”).

24x7 Help Center

Status updates and outage notifications (https://status.saplingapp.io/)

Via chat from within Sapling during Support Hours

Priority Routing

Priority Routing

Email access to Customer Success Manager

New user activation & engagement messaging in-app/email

Live Webinar Access

Standard feature release announcements

In-app notifications

New feature release webinar access

Assigned Customer Success Manager (“CSM”)

--

Business Impact Review

--

Annual

Bi-annual

Product Utilization Audit & Review

--

Annual

Annual

Invite to User Centered Design & Research Groups

 

3. Contacting Support.

Beginning on the effective date of a Customer’s agreement for Sapling Platform Services, Customer’s Designated Support Contact may contact Sapling’s support as primary point of contact for support services.

For contacting Sapling’s support organization, the current preferred contact channel for Sapling Support either via the in-app chat functionality or emailing help@trysapling.com.

Other Support Contact Channels are available by Service Level as defined above.


4. Customer Response Levels.

Sapling responds to submitted support cases (also referred to as “case”, “incident”, or “issue”) as described in the table below based on the Support Level.

Incident Severity

Service Level (Initial response times)

Silver

Gold

Platinum

P1 - Critical

Two (2) hour

One (1) hour

One (1) hour

P2 - Major

Six (6) hour

Four (4) hour

Three (3) hour

P3 - Minor

Next Business Day

Next Business Day

Next Business Day


In the event of a Severity P1 or P2 issues Sapling provides active notification, in real-time, via web, phone, email and/or syndication service to our customers subscribed to our alert services which are available at https://status.saplingapp.io/.

In addition, Sapling maintains and publishes current system status for Platform Services core subsystems, daily, weekly and monthly system metrics, and a historical log of platform incidents at https://status.saplingapp.io/.

A description of issue severity levels, description, and resolution efforts for are provided in the table below:

Severity

Description

Resolution Effort

P1

Critical - Service is inaccessible or the expected functionality is so severely impacted that Customer is unable to reasonably continue using a Platform Service.

Continuous efforts until the problem is officially fixed, tested and deployed and services are returned to normal operations. Updates every 2 hours.

P2

Major - Essential functionality of a Platform Service lost with no workaround or the expected functionality is so severely impacted that Customer is unable to perform portions of their normal business operations. There is no workaround available.

Allocate sufficient resources to fix the problem in the target resolution time frame. Target resolution for P2 problems is 24 hours to 3 business days depending on the complexity of the corrective action.

P3

Minor - Frequently used functionality of the Platform Service is lost or impacted but a temporary workaround for the lost or impacted functionality exists.

Allocate sufficient resources during normal business hours to fix the problem in the target resolution time frame. Target resolution for P3 problems is 48 hours to 5 business days depending on the complexity of the corrective action.

P4

Cosmetic - Characteristic defect with no impact on Platform Service functions or features cosmetic in nature which do not impact the function of the Service. The issue may also consist of "how to" questions such as configuration inquiries, enhancement requests, or help center documentation questions.

Resolution time frame of P4 problems will be determined on a case by case basis, worked during normal business hours at a lower priority than P1 - P3.

 

Incidents regarding a release, version and/or functionalities of Sapling Platform Services developed specifically for Customer (including those developed by Sapling Professional Services) are excluded from customer response levels as described above.

5. Customer Responsibilities.

5.1 Customer Contact.

All employees of Customer with a valid email address on a domain currently associated and active within Customer’s Sapling account may initiate an interaction with Sapling Support via available Support Contact Channels.

5.2 Cooperation.

To receive support services, Customer will reasonably cooperate with Sapling to resolve support incidents, and will have adequate technical expertise and knowledge of their configuration of the Sapling Platform Services to provide relevant information to enable Sapling to reproduce, troubleshoot and resolve the experienced error such as candidate profile name and/or screenshots.

6. Capitalized Terms.

Below are further explanations of the capitalized terms used above:

Term

Definition

Sapling Help Center

Customer may search and access help articles, videos, and frequently asked questions online at https://help.saplingapp.io/.

Live Webinar Access

Customer will have access to live online sessions on a variety of Sapling topics spanning from user fundamentals and best practice, admin training, and new product features.

Activation and Engagement Messaging

Customer will be supported during the lifecycle of use on Sapling Platforms by regular, targeted, in-application and email messaging based on their privileges within Sapling Platforms and in-app navigation.

Assigned Customer Success Manager

Assigned Sapling CSM will hold regular meetings with Customer and provide specialized consultation through a variety of ways over the course of the subscription cycle; focused on driving success through optimization, education, adoption, and partnership. As the customer’s subscription is successfully launched they will be paired with a Sapling CSM to serve as their trusted partner and strategic consultant throughout the lifetime of their journey.

Business Impact Review

Assigned Sapling CSM will provide an overview of Customer success and opportunities using Sapling Platforms over the Service Term or since the last Business Impact Review (“BIR”). The BIR session goals are to establish alignment and a shared perspective of Customer’s overall employee experience program and objectives. Based on the discussion and subsequent follow up to the BIR, the CSM will provide recommendations for continuous improvement and maximizing value by Customer in use of Sapling Platforms.

Opt-in for Beta Programs

Customer may elect to participate in Beta Programs defined and offered by Sapling for those Platform Customer is currently subscribed.

Invite to User Centered Design & Research Groups

Customer may elect to participate in User Centered Design Sessions and Research Groups (as available) to influence and shape future Platform Service features.