Service Level Agreement v.15

1. Definitions

   “API”	means application programming interface.
   “Bynder API”	means the public API layer of the Product developed by Bynder.
   “Bynder Knowledge Base”	means Bynder support portal located on the Bynder website that publishes information on how to perform tasks in the Product and responds to frequently asked questions.
   “Contact Form”	means the contact form in the main menu of the Product to submit support requests.
   “Credit Note”	means the amount which is equal to the total number of calendar days of the concerned month (month in which Uptime fell below 99.0%).
   “Downtime”	means the period of time during which the Product is wholly unavailable to Customer. The Product is considered wholly unavailable when it is offline or not operational. Downtime includes Urgent Maintenance and excludes Scheduled Maintenance.
   “Embedded Components”	means third party products, applications, services, software, networks, systems, directories, websites, databases and information which are obtained or derived from a third party source outside of Bynder and made available to Customer in the Product.
   “Issue”	means any reported malfunction affecting the normal operation, performance, or availability of the Product.
   “Resolution Time”	means the time that elapses from the Response Time until the Issue is resolved.
   “Resolution”	means the resolution of an Issue.
   “Response Time”	means the time between the Customer’s first contact with Bynder and the Bynder support team’s confirmation of an Issue.
   “Response”	means Bynder support team’s confirmation of an Issue.
   “Scheduled Maintenance”	means planned maintenance conducted in accordance with Section 3 of this SLA which may result in interruptions of the Product in full or in part.
   “Service Hours”	means 24 hours a day, 7 days a week.
   “Significant Functionality”	means Upload, Download, Search, Asset Sharing or Bynder API.
   “Solutions(s)”	means specific solutions, as further described in the Bynder Knowledge Base, such as Content Operations, CX for User Community and CX for Omnichannel.
   “Support Package”	means the support package applicable to the Customer stated on Customer’s Agreement.
   “Uptime”	means the percentage of time the Product is available as defined under Section 2 of this SLA.
   “Urgent Maintenance”	means unplanned maintenance that is performed by Bynder on the Product outside of the Scheduled Maintenance for which less than 5 calendar days’ notice might be provided to affected Customers.

1. Uptime Commitment

   Bynder guarantees 99.9% Uptime of the Product during Service Hours. Uptime is measured based on a monthly basis and is rounded down to the nearest minute.

   Uptime is calculated as follows:

   Uptime =	Service Hours – Downtime	* 100%
   	Service Hours

1. Scheduled Maintenance

   Bynder is required to perform Scheduled Maintenance from time to time and shall:

   • announce Scheduled Maintenance at least 5 calendar days in advance; and
   • endeavour to limit interruptions from Scheduled Maintenance as much as possible and to perform Scheduled Maintenance during the weekends.

1. Uptime Levels

   Should Uptime fall below 99.9% in any calendar month, Bynder will grant a Credit Note, which is calculated as follows:

   < 99.0%	Annual Subscription Fee * 30% 12
   ≥ 99.0% and less than 99.9%	99.9% - uptime % * Annual Subscription Fee * 20% 0.9% 12
   Uptime ≥ 99.9%	No Credit Note

   To apply for a Credit Note under this SLA, Customer must submit a Contact Form within 30 calendar days after the end of the concerned month with the subject line “SLA Credit Note”. The request must include the dates and times of the Downtime.

   Credit Notes are the sole and exclusive remedy for breach of the Uptime commitment. Customer cannot claim any Credit Notes if there are outstanding invoices. Credit Notes are applicable only for the Plus, Enterprise, and Premier Success Packages.

1. Response Time and Resolution

   In the event that Customer experiences an Issue and notifies Bynder in accordance with Section 6 below, Bynder will undertake commercially reasonable efforts to address the Issue in accordance with the following Response and Resolution Times

   Issue Type	Issue severity	Premier (Diamond, Platinum) and Enterprise (Gold) Support	Plus (SIlver) Support	Resolution Time
   		Response Time	Response Time
   A-Priority Issue	Product is not available for use i.e. its average response time is over 30 seconds for a period of at least 30 minutes.	Within 1 hour after receiving the Issue notification	Within 4 hours after receiving Issue notification	Within 4 hours after the Response
   B-Priority Issue	Significant Functionality or Solution not available for use.	Within 24 hours after receiving the Issue notification	Within 24 hours after receiving the Issue notification	Within 24 hours after the Response
   C-Priority Issue	Significant Functionality is either (i) partially unavailable or (ii) or functioning inconsistently causing slightly impaired Customer usage and productivity but Customer can work around such inconsistency or impairment	Within 4 calendar days after receiving the Issue notification	Within 7 calendar days after receiving the Issue notification	Within 6 weeks after the Response
   D-Priority Issue	Elements not designated as Significant Functionality have either completely ceased to respond or are malfunctioning	Within 4 calendar days after receiving the Issue notification	Within 7 calendar days after receiving the Issue notification	Without undue delay

   For Standard Support Package Customers, Bynder will use commercially reasonable efforts to resolve each significant Issue by providing either a reasonable workaround or a solution for how Bynder will address the Issue. If your Agreement does not define a specific Support Package, the Standard Support Package will be applicable.

1. Help Desk

   If Customer’s question is not resolved via the help portal on the Bynder Knowledge Base, contact Bynder Support via the Contact Form within the Product.

   In case of a suspected A-Priority or B-Priority Issue, our partner call centre is available by telephone (English only) to escalate.

   • The Netherlands: +31 (0) 20 809 0232
   • Germany: +49 30 767 598 211
   • Belgium: +32 2 790 68 76
   • United Kingdom: +44 (0) 207 0432 555
   • United States: +1 857 496 6646
   • France: +33 1 73 18 06 08
   • Australia: +61 3 5539 2727
   • All other: +31 (0) 20 809 0232

1. Backups and Durability Guarantee

   Full backups of all Customer Data stored in databases are created on a daily basis, stored in a different and isolated AWS account.

   Files are stored across multiple availability zones within one or more regions, where Bynder relies on the guaranteed durability of 99.999999999% for file storage provided by AWS.

   At Customer’s request, a database backup or a part of a database backup can be restored for a fee charged on a time and material basis in accordance with the rates for Professional Services.

   In the (unlikely) event of damage or outage at Bynder’s data hosting locations, Bynder will restore Customer Data from the most recent daily database backup. This will be treated as an A-Priority Issue.

1. Software Improvements

   Bynder will make new versions, releases, and updates to the Product available to: (i) solve defects and/or errors, (ii) keep the Product up to date with market developments, or (iii) otherwise improve the Product. Bynder will only support the most recent version of the Product.

1. Integration of Third Party Products with Bynder API

   The Product may contain the API designed to interoperate with Third Party Products. Bynder provides the following levels of support with regard to any public Bynder API: (i) maintaining Bynder API in accordance with the API endpoint usages stated in Bynder API documentation; (ii) determining whether the API is functioning in accordance with the API documentation; (iii) rectifying API malfunctions that are the result of a deviation on Bynder’s part from the API documentation.

1. Embedded Components

   Except as provided in Section 10.1 below, Bynder is liable for any Embedded Components used in the Product. Provided that it has no detrimental effect on the Product, Bynder may change such Embedded Components at any time.

   1. Certain Embedded Components
      1. Bynder Tutorials
         Bynder Tutorials is a tool to simplify and promote Customer’s adoption of Bynder, and may include messages to support User onboarding, inform Users about new functionalities, or ask Users for feedback. This tool is provided on an opt-out basis, offered free of charge. Bynder Tutorials is a product developed and offered by a third party, Appcues, Inc. (“Appcues”) and as such, is provided “as is” and not covered by the Bynder SLA. By using the Bynder Tutorials, Customer acknowledges that Appcues may transfer, store, and access information from Customer's Product. For more information regarding how Appcues will access, protect and use Customer Content, please review the following third-party policies located at:
         Security (https://trust.appcues.com/)
         Privacy Policy (https://www.appcues.com/privacy)
      2. Bynder Analytics
         The Bynder Analytics product is built by Bynder on a platform (Looker) that is developed and offered by a third party, Google Cloud EMEA Limited. Bynder Analytics is intended for end-user analysis of platform metrics, such as assets, number of user licenses and other available product metrics. As it is a third-party application within Bynder, it may not meet the performance standards of the Bynder Product and is not covered by the Bynder SLA. Nonetheless, Bynder will use commercially reasonable efforts to resolve each significant failure by providing either a reasonable workaround, a module update, or an action plan for how Bynder will address the failure and an estimate of how long it will take to rectify the defect

1. Exclusions

   Bynder shall not be liable for any breach under this SLA, nor shall this SLA apply, in cases where the breach is caused, directly or indirectly, by:

   • Inappropriate use of the Product in a manner that is contrary to Bynder’s AUP, an instruction issued by Bynder or the Agreement;
   • Not using one of the commonly accepted operating environments supported for Bynder Product (see Bynder Knowledge Base);
   • Customer requesting setups, changes and customizations to the Product, where Bynder has advised Customer that such modification may affect the Product’s performance or user experience;
   • Modifications to the Product(s) not made or authorized by Bynder in writing;
   • Third Party Products;
   • Any pre-production environments;
   • Factors beyond Bynder’s reasonable control, including but not limited to, Force Majeure Events, internet failures and governmental requirements.

   Bynder makes no warranties or guarantees whatsoever in relation to the availability of the Product in China. Neither this SLA nor any other service agreement applicable to Customer’s use of a Bynder Product will apply to use of such Product by Users within China.

1. Updates to the SLA

   Bynder may revise this SLA from time to time. The most current version will be available at https://www.bynder.com/en/legal/service-level-agreement-v15/. Bynder will notify Customer of any material change that may impact its rights under the SLA If Customer does not wish to be bound by such revision, Customer must notify Bynder at legal@bynder.com within 30 calendar days of receiving the updated SLA of its objection, or if Bynder has failed to notify Customer of the material change, Customer will remain subject to the prior SLA until termination or expiration of any applicable Term, as defined in the Agreement.

Last updated and reviewed on April 11, 2025