Support and Service Level Terms

In these Support and Service Level Terms, the following capitalised terms have the meanings set out below. Capitalised terms used and not defined here have the meanings given to them in the Platform Agreement.

Incident means an event reported by the Customer or detected by Donna in which the Platform fails to operate in material conformity with its documentation, including unavailability, degraded performance, an error condition, or a security or data integrity event affecting the Customer.

Severity means the classification given to an Incident using the criteria in section 3. Donna assigns the initial Severity in good faith on receipt of an Incident report, and may revise the Severity if new information emerges. The Customer may request a re-classification at any time.

Response Timemeans the elapsed time between Donna’s receipt of a properly submitted Incident report and the first substantive human acknowledgement to the Customer. An automated ticket acknowledgement is not a Response.

Resolution Timemeans the elapsed time between Donna’s receipt of an Incident report and the moment at which the Incident is either resolved, mitigated to the Customer’s reasonable satisfaction, or downgraded to a lower Severity by agreement. These terms set Response Time targets for each Severity. They do not set committed Resolution Times because resolution depends on the nature of each Incident, but Donna will work continuously on Severity 1 and Severity 2 Incidents until they are resolved or downgraded.

Service Credit means a credit calculated under section 6 and applied against future Subscription Fees in accordance with section 7.

Scheduled Maintenance means planned maintenance carried out in accordance with section 9.

Excluded Downtime means the categories of unavailability set out in section 8 that are not counted as Downtime when calculating Monthly Uptime Percentage.

Monthly Uptime Percentage has the meaning given in section 5.

Downtimemeans a period during which the Platform is generally unavailable to the Customer for reasons within Donna’s reasonable control, excluding Excluded Downtime. The Platform is generally unavailable when an Authorised User cannot sign in, cannot access Spaces, or cannot read or write Customer Data through the ordinary user interface or APIs.

Standard tier and Enterprise tiermean the subscription tiers identified on the Customer’s Order Form. The tier determines which support hours, response targets, availability target, and Service Credit table apply.

Donna receives Incident reports by email at support@bydonna.ai. The support inbox is monitored 24 hours a day, every day of the year, and each report is acknowledged with a ticket reference that both parties can quote.

Customers on the Standard tier receive business-hours support between 09:00 and 18:00 Australian Eastern Time (AEDT or AEST as applicable) on Monday to Friday, excluding national public holidays in New South Wales. Severity 1 Incidents reported by a Standard tier Customer outside business hours are still triaged on a 24 by 7 basis through the on-call rotation, but Severity 2, 3 and 4 Response Times accrue only during business hours.

Customers on the Enterprise tierreceive 24 by 7 support for Severity 1 and Severity 2 Incidents, including a dedicated 24 by 7 telephone line that is provided to the Customer’s primary administrator on activation of the Enterprise tier. Enterprise tier Customers are also assigned a named Customer Success Manager who is the standing escalation point for significant incidents and the convenor of the quarterly business review described in section 14.

Donna assigns each Incident a Severity using the criteria below. Initial Response Times are measured from receipt of a properly submitted Incident report by email. Communication cadence is the frequency at which Donna will provide a status update to the Customer while the Incident remains open at the stated Severity.

The Customer and Donna may agree in writing to re-classify an Incident at any time. If the parties do not agree, Donna’s good-faith classification stands, subject to escalation through the Customer Success Manager (Enterprise tier) or by email to support@bydonna.ai.

Donna commits to a Monthly Uptime Percentage of 99.5%for the production Platform during each calendar month. Where the Customer’s Order Form provides for a different availability target, response time or service-credit table, those terms apply in place of this section to the extent of any inconsistency.

The availability target applies to the production Platform only. It does not apply to development, staging, sandbox, beta or Labs environments, or to any feature expressly excluded by these Support and Service Level Terms or the Order Form. Where a feature is excluded, the unavailability of that feature does not count toward Downtime, and Donna will state the exclusion plainly in the relevant feature documentation.

The Monthly Uptime Percentage for a calendar month is calculated as follows:

For this purpose:

Total Minutes is the total number of minutes in the relevant calendar month.

Downtimehas the meaning given in section 1, and is measured in whole minutes from the moment the unavailability is detected by Donna’s monitoring or reported by the Customer (whichever is earlier) until the Platform is verified by Donna to be generally available again. Periods of Excluded Downtime under section 8 are not counted.

The result is rounded to one decimal place. Where Donna’s monitoring records and the Customer’s records differ, Donna’s records prevail unless the Customer demonstrates a material error, in which case the parties will reconcile in good faith.

Brief, intermittent failures of less than one minute, retried successfully by the Platform’s automatic retry mechanisms, are not counted as Downtime. Latency that does not prevent an Authorised User from completing core operations is not Downtime, although it may give rise to a Severity 2 or Severity 3 Incident under section 3.

Where the Monthly Uptime Percentage for the production Platform falls below the availability target in a calendar month, the Customer is entitled, on request and subject to section 7, to a Service Credit calculated as a percentage of the Subscription Fees attributable to the affected production environment for that calendar month, in accordance with the table below. Where the Customer’s Order Form sets out a different service-credit table, that table applies in place of this one.

Subject to the rights, guarantees and remedies that the Customer has under the Australian Consumer Law and other non-excludable laws (see section 15), the Service Credit set out in this section is the Customer’s sole and exclusive remedy for any failure by Donna to meet the availability target. Service Credits are not refunds, are not payable in cash, and may only be applied against future Subscription Fees.

To claim a Service Credit, the Customer must submit a written request to support@bydonna.aiwithin 30 days after the end of the calendar month to which the claim relates. The request must identify the Customer, the affected production environment, the calendar month, and the Customer’s calculation of the Monthly Uptime Percentage with reference to the Customer’s observed Downtime. Claims received after this 30 day window are not eligible.

On receipt of a claim, Donna will reconcile the Customer’s figures against Donna’s monitoring records and confirm the Service Credit (if any) within 15 business days. The confirmed Service Credit is applied against the next invoice issued to the Customer after confirmation. Where the next invoice is insufficient to absorb the full Service Credit, the balance is carried forward to the immediately following invoice and not beyond. Service Credits do not accrue interest and do not roll over for more than one billing cycle from the cycle in which they are first applied.

The total Service Credit issued to a Customer in respect of any single calendar month, taken across all eligible service components, is capped at 50% of the Customer’s Subscription Fees for that calendar month for the affected service component.

Service Credits are forfeited if the Customer’s account is suspended or terminated for the Customer’s material breach of the Platform Agreement, except to the extent that the underlying Downtime occurred before the suspension or termination and is otherwise eligible.

The following categories of unavailability are Excluded Downtime and are not counted toward Downtime when calculating Monthly Uptime Percentage:

(a) Scheduled Maintenance carried out in accordance with section 9, and emergency maintenance for which Donna gives the shortest practicable notice.

(b) Unavailability caused by equipment, software, networks or services that the Customer or its end users control, including the Customer’s identity provider, internet connection, browser, device or local network.

(c) Force majeure events, including natural disasters, pandemics, large-scale public utility failures, civil disturbance, acts of government, and internet backbone outages outside Donna’s reasonable control.

(d) Unavailability caused by the Customer’s breach of the Platform Agreement, the Service Terms, the Acceptable Use Policy, or these Support and Service Level Terms, including unavailability that arises while an account is suspended for any of those reasons.

(e) Unavailability arising from the Customer’s configuration choices, including misconfigured single sign-on, restrictive network policies, or revoked credentials for connected systems.

(f) Outages or capacity degradation affecting third-party AI model providers (AI Subprocessors) where Donna has taken the commercially reasonable mitigation steps described in section 12.

(g) Unavailability of beta, Labs, preview, evaluation or other pre-release features that Donna has identified as such in the documentation, the Order Form, or the user interface.

(h) Unavailability that the Customer requests or that is necessary to give effect to a Customer instruction (for example, a region migration, a tenant restore, or a forced logout of all sessions).

(i) Suspension of the Platform under the abuse, security, payment, or legal-hold provisions of the Platform Agreement.

Donna performs Scheduled Maintenance during a default window of Sunday 22:00 to Monday 02:00 in the local time of the Customer’s elected region, which is Australian Eastern Time (AEDT or AEST as applicable) for Australian Customers. Donna will give at least 5 business days advance notice of Scheduled Maintenance through the status page at status.bydonna.ai and (where the Customer has opted in) by email to the Customer’s nominated technical contacts.

Donna will use commercially reasonable efforts to minimise the duration of Scheduled Maintenance and, where practicable, to perform maintenance without affecting availability. Scheduled Maintenance does not count as Downtime for the purposes of section 5.

From time to time, Donna may need to perform emergency maintenance to address a security vulnerability, prevent imminent data loss, or respond to a critical defect. In those circumstances Donna will give the shortest practicable notice to the Customer through the status page and (where the Customer has opted in) by email. Emergency maintenance is treated as Excluded Downtime under section 8(a), provided that Donna gives notice as soon as practicable and (after the event) publishes a short explanation of why the emergency maintenance was necessary.

Donna maintains a public status page at status.bydonna.ai. The status page reports the current operational state of the Platform’s principal components, including authentication, Spaces, Documents, AI Drafting and Review, Workflows, and the public APIs. The status page also publishes incident reports for Severity 1 and Severity 2 Incidents and for Scheduled Maintenance.

Customers and their Authorised Users may subscribe to incident updates on the status page by email or webhook. Donna recommends that each Customer subscribes at least one shared mailbox so that updates do not depend on the availability of any individual person.

For each Severity 1 and Severity 2 Incident affecting the Customer, Donna will deliver a written root-cause analysis (RCA) to the Customer within 5 business days after the Incident is closed. The RCA describes what happened, the user-visible impact, the technical cause, the immediate mitigation, and the structural follow-up actions and their owners. RCAs are confidential to the affected Customers and are provided on the basis that they may be shared with the Customer’s professional advisers and regulators on a need-to-know basis but may not otherwise be disclosed.

Where a Severity 1 Incident affects multiple Customers, Donna may publish a redacted version of the RCA on the status page, omitting Customer-identifying information.

Security incidents involving Customer Data are governed by the notification obligations and remedies set out in section 10 of the Data Processing Addendum and the indemnities, warranties and liability framework of the Platform Agreement. Security incidents are not subject to the Service Credit remedy in section 6 of these Support and Service Level Terms; the Customer’s remedies for a security incident are those set out in the Platform Agreement and the Data Processing Addendum.

For the avoidance of doubt, where a security incident also causes Downtime, the Downtime portion is treated under sections 5 and 6 of these Support and Service Level Terms in the ordinary way, and the security incident itself is handled under the Data Processing Addendum. The two regimes operate in parallel and the Customer is not required to choose between them.

The Platform routes AI inference requests to one or more model providers. Donna operates a multi-vendor strategy and, where commercially and technically practicable for a given feature, maintains alternative model routes so that an outage at a single AI Subprocessor does not stop the Platform.

Where an AI Subprocessor experiences an outage or material capacity degradation, Donna will (a) detect the condition through health probes and queue depth monitoring, (b) failover to an alternative model route for the affected feature where one is available, (c) post a status update on the status page, and (d) treat the event as a Severity 1 or Severity 2 Incident depending on user-visible impact.

Brief AI capacity issues do not necessarily count as Downtime under section 5. Where an alternative model or route is operational and the Platform routes Authorised User requests around the affected provider such that core operations remain available, the Platform is not generally unavailable for the purposes of section 1 even if some requests run on the alternative route or experience increased latency. Where no alternative route is operational and Authorised Users cannot complete core AI-dependent operations for an extended period, that period is Downtime.

Donna’s support obligations under these terms cover the operation of the Platform. Specifically, support covers Platform behaviour, configuration questions, account and access matters, integration setup for supported Connectors, and reasonable how-to questions about Platform features.

Support does not cover the substance of legal work. Donna does not provide legal advice, does not review the substance of Outputs, and does not opine on whether a particular draft, summary or analysis is appropriate for a given matter. Authorised Users remain responsible for professional review of all Outputs they rely on.

Support does not cover Customer-developed Workflows, custom prompts, or third-party integrations beyond reasonable troubleshooting. Where a Customer wishes to receive structured assistance with bespoke Workflows, Donna offers professional services on separate terms.

Support is provided to the Customer’s nominated technical contacts and to Authorised Users with administrator privileges. Donna may decline to discuss account-level matters with users who lack the authority to act for the Customer.

In addition to the standard support entitlements, Customers on the Enterprise tier receive the following:

(a) Named Customer Success Manager. A standing point of contact for relationship matters, escalations and roadmap questions. The named individual may change with reasonable notice.

(b) Quarterly business reviews. A scheduled review with the Customer Success Manager and, where helpful, an engineering or security representative, covering usage trends, open Incidents, RCAs, upcoming Platform changes, and the Customer’s priorities for the next quarter.

(c) Dedicated collaboration channel. At the Customer’s election, a Slack Connect or Microsoft Teams shared channel for day-to-day coordination, in addition to the support inbox. The dedicated channel is not a substitute for an emailed Incident report in respect of Severity 1 and Severity 2 Incidents.

(d) Customer-managed key support. Operational support for customer-managed encryption key (CMK) configuration and rotation, including coordinated rotation windows.

(e) Penetration test report on request. A copy of Donna’s most recent independent penetration test report, made available under non-disclosure for the Customer’s security assurance use.

(f) Pre-release access. Early access to selected pre-release features, on the basis that those features are not subject to the availability target in section 4 and may change before general availability.

Nothing in these Support and Service Level Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that the Customer has under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law where to do so would be void or contravene that law. To the extent that the Customer is a consumer for the purposes of the Australian Consumer Law, the consumer guarantees in that Law apply and take priority over the Service Credit remedy in section 6.

Where Donna is permitted by law to limit its liability for a failure to comply with a non-excludable consumer guarantee in respect of services, Donna’s liability is limited, at Donna’s election, to the re-supply of the relevant services or the payment of the cost of having the services re-supplied.

Donna may amend these Support and Service Level Terms from time to time. Donna will give the Customer at least 30 days advance notice of any change, by posting the updated terms at this URL and (where the change is material) by notifying the Customer’s nominated technical contacts.

Donna will not make a materially adverse change to these Support and Service Level Terms that takes effect during a paid term of the Customer’s subscription. Where Donna proposes such a change, it will take effect at the start of the next renewal term, and the Customer may decline to renew in accordance with the Platform Agreement. Changes that are not materially adverse, including improvements to the availability target, additional support channels, or clarifications that do not reduce the Customer’s entitlements, may take effect on the date stated in the notice.

The version of these Support and Service Level Terms in force at any time is the version published at this URL on that date. Earlier versions are available on request from support@bydonna.ai.