1st of July 2021
Service Level Agreements
1. Contractual Terms and Conditions for the Use of Software via the Internet (Software as a Service)
This Service Level Agreement (SLA) defines the provision of support for the Kitchn.io software and, if the software is provided as SaaS, the availability. The definition from the General Terms and Conditions of Kitchn Venture GmbH apply.
2.1. Support and updates
2.1.1. Scope of services
Support includes assistance and advice to the Client in resolving problems in the use of the Software, including reviewing, diagnosing and correcting significant defects and errors in the Software and providing bug fixes, corrections, modifications, changes, enhancements, upgrades and new versions of the Software (Updates) to ensure the functionality of the Software.
2.1.2. Limitation of performance
Support does not extend to problems with or damage to the Software to the extent that such problems or damage are caused by
(i) negligence, misuse or improper operation by the Customer;
(ii) operation, use or storage/hosting of the Software not in accordance with the requirements of the Documentation or failure to comply with the specifications or limitations imposed by the Documentation;
(iii) modifications to the Software not made or approved by;
(iv) acts of third parties;
(v) third party products; and/or
(vi) force majeure.
2.1.3. Fault reports
For each request/malfunction report, a priority will be given at dutiful discretion according to the criteria defined below. The Contractor may combine redundant fault reports by the Client relating to the same fault into one fault report.
2.1.4. Reachability and response times
Kitchn Venture GmbH guarantees the availability and response times stated below for the support. The response time is the time between the first request/error report by the client (by telephone or electronically) and the first response (by telephone or electronically) from Kitchn Venture GmbH.
Only time intervals during the availability times are decisive for the reaction time.
Availability on working days (except Saturdays): 9:00 - 19:00 (CET)
Telephone: +49 (0) 176 9840 9221
E-mail: support@kitchn.io
Languages: German, English
2.1.5. Response time
Priority and description of response time. Showstopper: When the software stops working and the client's business is severely affected - 1 hour
Critical: Functionality of the software does not work as described and thus affects the entire software - 1 hour
Major: Functionality of the software does not work as described, rest of the software is not affected - 24 hours
Minor: Functionality of the software not affected, general question - 24 hours
2.1.6. Troubleshooting
Kitchn Venture GmbH always endeavours and attaches the utmost importance to rectifying faults as quickly as possible, but it is not possible to specify and guarantee fixed fault rectification times in advance, as faults can be of many different types and have many different causes.Kitchn Venture GmbH will make every effort to rectify faults as quickly as possible and will regularly inform the client about the progress of the fault rectification. Troubleshooting shall always be carried out by remote maintenance or by accessing the software hosted by the Contractor. To enable support and software maintenance, the client shall grant comprehensive and unrestricted access to the software.
2.1.7. Support coordinator
The Client shall define a support coordinator for each location. Only the support coordinator will contact or report faults regarding support.
2.2. Provision of the software as SaaS
2.2.1. Provision
Kitchn Venture GmbH will make the software available to the client in the system environment of Kitchn Venture GmbH in a logically separated account. Kitchn Venture GmbH will make the software available to the client for remote access in a secure system environment. A transfer of the software to the client does not take place.
2.2.2. Version
The software shall be made available to the Client in its respective current version/release.
2.2.3. Availability
Kitchn Venture GmbH will make the software available to the client with an availability of at least 99.5% of the respective calendar month (hereinafter "minimum availability"). In this context, the software is available if there is an uninterrupted connection between the servers on which the software is hosted and the transfer point to the Internet and the client is able to log in and access the software. The minimum availability does not apply to test and development servers.
1.3. Changes
Kitchn.io endeavours to continuously develop the Platform and the Services. In the context of these further developments, Kitchn.io intends to improve, expand, delete and/or otherwise change individual functionalities of the Platform or individual Services. The functionalities of the platform or the services may be changed by Kitchn.io if this is necessary for a valid reason and the user is not objectively placed in a worse position compared to the performance agreed upon at the time of the conclusion of the contract (e.g. in case of an improvement of functionalities). A valid reason exists in particular if the functionalities are changed due to technical innovations.
2.2.4. Access rights by the provider
Kitchn Venture GmbH is entitled to access the Software in order to verify the Client's compliance with the terms and conditions of use of the Software, including the remuneration; and to perform diagnostics and analyses, and to adjust the settings of the Software in order to improve the performance and/or security of the Software, provided that such adjustments do not adversely affect the Client's use of the Software; to collect system data (not personal data) about the use of the Software for use in identifying and correcting potential defects and errors in the Software; to perform statistical analyses; and to support research and development.
