This Service Level Agreement (“SLA”) is a policy governing the use of Miracle Mobile Forms under the terms of MiracleTek’s Terms of Service, which is a part of the contract formed between MiracleTek (“Us”, “We”) and users (“You”). We reserve the right to change the terms of this SLA in accordance with our Terms of Service.
Terms and Definitions
“Service Level” is the performance metric(s) established in this SLA, which MiracleTek agrees to meet in the delivery of its services.
“Platform” is the hosting service offered to customers by MiracleTek.
“Mobile Application” is the mobile application created by or for customers on the Platform, be it using a blank template or one of the pre-configured templates available through Miracle Studio.
“Downtime” is the period when the Platform may be unavailable or not accessible to you. This definition, however, does not cover:
- The period when performance is impacted during deployment as servers may recycle to update their runtime code
- Scheduled Maintenance (please refer to the term defined below), during which the Platform may not be available or performing at the committed SLA levels
- The period when performance is affected due to customer provided software or back-end sources, rendering the Platform unavailable or operating with degraded performance
“Scheduled Maintenance” is the period when the Platform may not be available due to scheduled maintenance or upgrades. We will use commercially reasonable efforts to prevent any adverse impact on use of the Platform, including but not limited to scheduling maintenance and upgrades during off-peak times. We will notify you of Scheduled Maintenance at least five  days in advance.
“System Availability Percentage” is calculated through the following formula: 100 multiplied by – the total number of minutes in a month minus the total number of minutes of Downtime in the same month, divided by the total number of minutes in that month.
“App Response Time” is the time taken for processing a request, starting from the time a device sends a request to the Platform to the time it receives a response. This definition excludes any delays caused by the mobile wireless network and the time required to process and retrieve data from back-end systems.
“Error” is a hardware or software-related issue which renders the operation and use of the Platform in non-conformance with its documentation.
“Workaround” is the method used to overcome the Error reported by users.
MiracleTek will use commercially responsible efforts to ensure the Platform is available for users with a System Availability percentage of at least 99.9% during any monthly billing cycle.
Overview of Support Services
MiracleTek offers support to clients through the following:
- Customer Success Portal (24 x 7 x 365 basis)
- Email to dedicated account manager
Our support services will be based on the tickets sent through MiracleTek’s Success Portal. Before sending a ticket, please investigate and confirm that the Error is related to the Platform.
Errors should be logged in accordance with the following priority level definitions:
- Urgent – An “Urgent” Error renders the Platform completely unusable or nearly unusable, or introduces a high degree of risk to users’ As there is no Workaround for such an Error, the usage of the Platform is essentially halted, the Platform’s performance is impacted, and users are severely affected.
- High – A “High” Error causes the Platform to be unavailable or obstructed consistently for a moderate number of This results in moderate hindrance or risk. Workarounds may be available, but the performance or use of the Platform will be degraded, possibly resulting in operational risk. Overall, the Platform will be operational and functional except to those reporting this Error.
- Medium – A “Medium” Error is an inconvenience or inconsistent behavior which does not affect the normal functioning of the It could be an error which occurs inconsistently and affects only a small number of users. Errors of this priority include visual errors where the graphical display of the Mobile Application is not ideal, but functioning properly.
- Low – A “Low” Error could be a minor operational or configuration issue, or an Error of a small degree of It could also be a “one off” instance where it occurs infrequently and cannot be replicated easily. Errors of this nature will not affect the daily or normal use of the Platform. They can be accepted for a period of time, but will require fixing in the future.
We may change the priority assigned to an Error after a mutual agreement by both parties. Response and Target Resolution times for Errors will be calculated based on the time the Errors are logged into the Customer Success Portal. You can view the Response and Target Resolution times by logging into the portal and checking the status of your ticket.
Once an Error is reported, a MiracleTek representative will perform an initial investigation to rule out issues such as improper usage of the Platform, issues arising from user-developed software, any dependency on back-end systems, or third party applications installed on users’ systems. The Error will be reported to MiracleTek’s developers once we reasonably determine it is Platform related.
Please report sufficient detail about the Error in order to help us identify and reproduce it. Your cooperation in this regard will help us respond and resolve the Error in a quicker manner. Ideally, an initial report should include, but not be limited to, the following (where applicable):
- A description of the Error
- The number of times the Error occurred (its frequency)
- The time the issue occurred (with time zone)
- Steps to reproduce the Error
- The text of error messages displayed by the Platform
- Screenshots of the Error
- The mobile device and carrier used
On receiving the initial investigation details, MiracleTek will begin diagnosing the Error and assist you until the Error is resolved or a Workaround is provided. We may assign the Error back to you as a “Customer Issue” if we deem it to be the Customer’s responsibility. We may also assign the issue to a Third-Party if the Error is a Third-Party’s responsibility. Errors caused by Amazon AWS, however, will remain assigned to MiracleTek.
Please ensure that a resource is assigned to work with MiracleTek in case we need more information or verification is required until the Error is resolved.
Support Response and Resolution
MiracleTek will make every effort to promptly resolve an Error as it arises. However, depending on the nature of the Error, we may require additional time to provide a correction. If a resolution requires a software update, we may require more time to deploy the update to the production environment as there are several deployment activities involved, such as notifying users of Scheduled Maintenance.
In the case of multiple reported Errors being worked concurrently, we will prioritize their resolution based on the priority level assigned to it, unless otherwise requested by users.
If MiracleTek’s response time is negatively impacted due to delayed user responses, we reserve the right to extend the response times provided above by an amount of time proportionate to the delay.
Errors classified as Medium or Low may be resolved during Scheduled Maintenance due to technical dependencies or similar factors. However, we do not and cannot guarantee that all Errors can or will be corrected.
If upgrades or patches are required, system changes will be applied during Scheduled Maintenance. We may, however, expedite the process if the change is necessary for restoring system availability.
Service Level Reporting
MiracleTek will regularly communicate to users its adherence to the Service Levels for reported Errors. To ensure that Urgent and High Errors are addressed in a timely manner, we offer users an escalation mechanism. If the reported issue is not resolved up to your expectations, it will be escalated to the Chief Technology Officer, and after that to the Chief Executive Officer.
Miracle App Shell Support Services
MiracleTek will use commercially reasonable efforts to provide updates for Miracle App Shell “App Shell” to ensure its compatibility with new releases of currently supported mobile Operating Systems “OS” as per the following:
- New Release of Currently Supported OS – We will deliver an App Shell within 30 business days from the OS’s release to the developer community, or the next general availability of the App Shell, whichever is later.
- New Versions of Supported Mobile Browsers or New Form Factors for Devices Using Currently Supported OS – We will deliver an App Shell within 30 business days from the general availability release by the browser’s manufacturer to the developer community, or the next general availability of the App Shell, whichever is later.
In both cases, users are responsible for updating their App Shells to take advantage of the new features or enhancements, and overcome compatibility issues with the newer versions of the supported OS’s. In the event of backward compatibility issues, MiracleTek will communicate its findings through release notes.
We will use all commercially reasonable efforts to deliver updates to the App Shell to function with a net new OS within 90 business days from its general release to the developer community, if we determine the new OS is commercially viable to support. MiracleTek will ensure forward compatibility, i.e. applications developed on previous versions of the OS will be fully compatible with the new OS yet not necessarily supporting the new features released with new general availability releases. In the event of backward compatibility issues, MiracleTek will communicate its findings through release notes. We, however, reserve the right to provide support to a new OS, browser, or device.
MiracleTek will provide Support Services for the current version of App Shell licensed to the customer for a period of six  months from the date of the next immediate release of the new version of the App Shell. Customers using the prior version will receive limited support (hotfixes and patches alone, no enhancements or re-releases) after the release of the new version. Once the customer upgrades to the new version, the upgraded version will be considered the current version for purposes of this section.
Upon request and on a time and material basis, we may provide services to ensure the compatibility of prior or current versions of App Shell with older or new versions of third party software not supported already. Customers will be billed accordingly.
Documentation will be revised accordingly to reflect any corrections, enhancements, or updates no later than 48 hours after the official releases of App Shell to customers.
Customers will be notified of new releases of the App Shell on the email they used to register for the service. Details of the releases will be published in the Release Notes section of the website.
A list of supported devices, OS’s, and mobile browsers is provided to customers. Devices, OS’s, and browsers not mentioned on this list may or may not operate with the current version of the App Shell.
MiracleTek is not obligated to provide its Support Services for issues affecting the operation or performance of App Shell when caused by any of the following:
- Software or hardware products not supported by MiracleTek
- Modifications to App Shell made by any other party other than MiracleTek
- Customers’ use of App Shell versions other than those identified in this section