Terms and Conditions


TERMS AND CONDITIONS

Effective Date: July 15, 2021

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY BECAUSE THEY ARE A LEGALLY BINDING AGREEMENT WITH PUBNUB INC. (“PUBNUB”). BY ACCESSING AND/OR USING THE PUBNUB SERVICES, OR BY CLICKING ON THE "SIGN UP NOW" OR SIMILAR BUTTON WHICH REFERENCES THIS AGREEMENT, OR BY SIGNING AN ORDER FORM WHICH INCORPORATES THIS AGREEMENT BY REFERENCE, CUSTOMER AGREES ON BEHALF OF AN INDIVIDUAL AND/OR LEGAL ENTITY (“CUSTOMER”) TO BE LEGALLY BOUND BY ALL THE TERMS OF THIS AGREEMENT. PUBNUB MAY UPDATE THE PUBNUB SERVICES AND PUBNUB SOFTWARE AT ANY TIME IN ITS SOLE DISCRETION.

    Subject to Customer’s payment of fees in accordance with the Agreement, PubNub will provide the Service Level Agreement as described herein:

    1. Service Level. PubNub endeavors to make the PubNub Services available in accordance with the below Service Availability. PubNub measures Service Unavailability by consecutive minutes over the period of a calendar month.
    2. Definitions
      1. Service Availability. This means that the PubNub Services is available for Customer use and is measured by the number of minutes over the period of a calendar month (other than Scheduled Maintenance). Availability is calculated on PubNub data gathered through internal PubNub and third party monitoring tools.
      2. “Service Unavailability.” This means the number of minutes that the PubNub Services is unavailable for use over a period of a calendar month (other than Scheduled Maintenance).
      3. Scheduled Maintenance. The period during which PubNub is performing maintenance on the PubNub Services, for which the Customer has been previously alerted per the terms specified in the Scheduled Maintenance Notification paragraph below. Scheduled Maintenance is not considered Service Unavailability for purposes of this Service Level Agreement.
    3. Scheduled Maintenance Notification. In the event that PubNub needs to conduct Scheduled Maintenance, PubNub will (a) give Customer at least 72 hours of notice via email, its website, or via the Admin Portal of any Scheduled Maintenance for the PubNub Services, and (b) make commercially reasonable efforts to minimize the period of Scheduled Maintenance.
    4. Service Credits for Service Unavailability
      1. Service Credit Request. To receive a Service Credit, Customer must submit a request by sending an e-mail message to support@pubnub.com within thirty (30) days of the last reported Service Unavailability. If the Service Unavailability is confirmed by PubNub and the number of Service Unavailability minutes qualifies the Customer for a Service Credit (as specified in the "Service Credit" table below), then PubNub will issue the Service Credit to the Customer within one billing cycle following the month in which the request occurred, according to the following Service Credit criteria:

        Service Credit
         
        26 consecutive seconds – 99 consecutive seconds in a calendar month
        2% of PubNub Services monthly fee
        100 consecutive seconds – 199 consecutive seconds in a calendar month
        5% of PubNub Services monthly fee
        200 consecutive seconds – 599 consecutive seconds in a calendar month
        10% of PubNub Services monthly fee
        More than 600 consecutive seconds in a calendar month
        15% of PubNub Services monthly fee
      2. Payment Procedures and Eligibility. PubNub will apply any Service Credits only against future PubNub payments due from the Customer. Service Credits shall not entitle the Customer to any refund or other payment from PubNub. Service Credits may not be transferred or applied to any other PubNub account. Any Service Unavailability occurring prior to a successful Service Credit claim cannot be used for future claims. Customers are only eligible for a Service Credit if their PubNub account is in good standing (i.e., there are no past-due unpaid PubNub invoices) during a Service Unavailability event. Unless otherwise provided in the Agreement, the Customer's sole and exclusive remedy, and PubNub's sole liability, for any Service Unavailability is the receipt of a Service Credit (if eligible) in accordance with the terms of this Service Level Agreement.
      3. Service Unavailability Service Credit Exclusions. Service Unavailability explicitly excludes problems due to (a) Customer usage that exceeds 300% of the Customer's peak usage as measured by PubNub over the immediately preceding 30-day period or Customer usage that exceeds the PubNub General API Limits (https://www.pubnub.com/docs/platform/resources/limits), unless Customer provides PubNub at least 10 business days advance notice of such usage, (b) explicit denial of service events, though PubNub will use commercially reasonable efforts to counter any denial of service event if one occurs, (c) failure of three (3) or more geographically disparate PubNub data centers simultaneously, (d) Customer's attempts to overload, crash, load test, subvert, or otherwise misuse the PubNub Services in any way not explicitly allowed in the Agreement or Documentation, (e) any force majeure event, as described in the Agreement, (f) Scheduled Maintenance, (g) problems within the Customer Software that create the perception of Service Unavailability but are not due to errors with the PubNub Services or PubNub Software, (h) use of PubNub Software that is more than four (4) months older than the most recent version of the PubNub Software, and (i) Customer Software that uses modified versions of the PubNub Software.

    For an additional cost, the Customer may elect (or upgrade to) a premium support plan by contacting support@pubnub.com. The following terms shall apply to the PubNub Support Services:

    1. Scope of Support Services. PubNub will only provide support (“Support Services”) for the PubNub Services and PubNub Software as further specified at: https://www.pubnub.com/pricing.
    2. Definitions.
      1. Classification of Issues. Any Issues reported in the PubNub Services or PubNub Software will be categorized, in PubNub's sole discretion, as follows:
        1. Critical -- Issue is affecting the majority of users of an in-production app, or preventing an impending launch of a new production app.
        2. Urgent -- Issue is affecting a minority of users of an in-production app.
        3. Development -- Issue is affecting the customer’s ability to develop Customer Software.
        4. "Issue" shall mean any mistake, problem, defect, malfunction or deficiency, which causes behavior of the PubNub Services or PubNub Software which is in contravention of the Agreement or Documentation.
    3. Description of Support Services.
      1. In the provision of the Support Services, PubNub will use commercially reasonable efforts to provide support during the periods set forth above for the applicable level of support, which will consist of:
        1. receiving the Customer communication, recording it and sending a confirmation of receipt to Customer;
        2. qualifying the Issue; and
        3. providing a written action plan to the Customer to resolve the Issue or provide a temporary solution.
        4. advice and assistance regarding:
          1. the operational use by Customer of the PubNub Services and/or PubNub Software;
          2. suspected Issues with the PubNub Services or PubNub Software or Documentation;
          3. the identification and verification of the causes of suspected Issues with the PubNub Services, PubNub Software, or Documentation;
          4. detours and work-arounds for identified Issues, where reasonably possible; and
          5. the features and capabilities of the PubNub Services and PubNub Software and Documentation.
      2. In the provision of the Support Services, Customer's sole and exclusive remedy for resolving Issues and PubNub's sole obligation is that PubNub shall use commercially reasonable efforts to provide corrections, detours or work-arounds any reproducible Issues. PubNub, however, does not warrant that any Issue is capable of complete remedy.
      3. PubNub will provide updates, upgrades, issues corrections, modifications, bug fixes, patches, and other updates at no additional charge to the Customer during the Service Period, pursuant to the Agreement.
      4. Event Support Services.
        1. Subject to an additional fee by contacting support@pubnub.com, PubNub will provide Event Support Services (minimum 2 hours per event).
        2. The Customer must provide written notice to PubNub a minimum of at least ten (10) business days prior to the event. If a Customer does not provide the minimum notice for events, PubNub may in its sole discretion not guarantee the Service Level Agreement and response time. Support includes live monitoring of the event.
        3. If applicable, Customer must provide PubNub with access to the Customer Software (if applicable) and suitable instructions for usage to PubNub at least ten (10) business days prior to the event.
    4. Obligations of Customer.
      1. During the term of the Agreement, Customer shall:
        1. use only the then current release of the applicable PubNub Software;
        2. ensure that the then current release is used in accordance with the applicable Documentation and only by competent, trained employees or by persons under their supervision;
        3. use all reasonable efforts in the initial Issue identification and isolation obligations;
        4. co-operate fully with PubNub personnel in the diagnosis of any Issues or defect in the current release or Documentation;
        5. make available to PubNub, free of charge, all information, facilities, and services reasonably required by PubNub to enable PubNub to perform the Support Services; and provide such telecommunication and remote access facilities as are reasonably required by PubNub for testing and diagnostic purposes at Customer's expense.
        6. Customer's failure to comply with the terms of this section will relieve PubNub of its obligations in connection with the provision of any Support Services related to such failure.
    5. Support Services Exclusion
      1. General Exclusions. Support Services do not include installation, hardware, operating system or any environment support.
      2. Specific Exclusions. The following services are expressly excluded from the scope of Support Services:
        1. PubNub Software that has been altered, damaged or modified or if any portion of the PubNub Software has been incorporated with or into other software without PubNub's prior written consent;
        2. significant modifications to Customer's operating system or environment from those applicable at the time the PubNub Services were implemented;
        3. PubNub Software that has been used under abnormal conditions or not in accordance with the applicable Documentation or any additional instructions provided by PubNub; and
        4. malfunctions due to reasons external to the PubNub Services or PubNub Software including, but not limited to, failure or fluctuation of electrical supplies, hardware features, accidents or natural disasters. For any of the preceding cases, PubNub may, in its sole discretion, determine whether to intervene to resolve the problem.
      3. Limitations.
        1. PubNub is under no obligation to provide Support Services to Customer for PubNub Services or PubNub Software not in the most current release or as otherwise specified in the Documentation.
        2. PubNub reserves the right, in its sole discretion, to perform Support Services by means of making available to Customer a later release of the PubNub Software or other aspects of the PubNub Services.
        3. PubNub is not responsible for providing Support Services to Customer's end users or anyone other than the designated Customer Authorized User contacts.

    These Service Descriptions provide details for specific PubNub Services and PubNub Software, and supplement and form part of the PubNub Terms of Service. Additional terms are described in the PubNub Pricing Page: https://www.pubnub.com/pricing/transaction-classification and Documentation: www.pubnub.com/docs/.

    SERVICE DESCRIPTIONS

    1. Edge Transactions” shall mean API calls to the PubNub Services that do not result in replication to other PubNub data centers. Examples of these are Subscribe requests, reads from Storage or Mobile Push service API calls.
    2. "Event Handlers" means a Function which consists of one or more functions written in JavaScript and which adheres to guidelines and limitations as provided in the PubNub Documentation, and which will be executed by the PubNub Services.
    3. "Files" shall mean Customer-provided text or binary types of data (e.g. document, picture, image, audio or video file, data library, application, or other collection of data) that are initiated, submitted, uploaded or downloaded by Customer or its Authorized Users or end users, to the PubNub Services, whether in Message or by itself.
    4. Functions” shall mean either Customer Software deployed on the PubNub Services and runs within PubNub's operational environment, or PubNub Software that is hosted on the PubNub Integration Catalog located https://www.pubnub.com/integrations/.
    5. Functions Executions” are accrued whenever a Function is executed based on the configuration settings by the Customer within the PubNub Admin Portal.
    6. "Messages" shall mean a message that is sent or received through the PubNub Services. For example, a Message sent by one PubNub client to another PubNub client is counted as two messages (one sender and one receiver). Messages are also generated by the use of PubNub Presence, Storage & Playback, and PubNub Real-Time Analytics services.
    7. Message Actions” are API calls to the PubNub Services that intend to associate data to past messages to support features like Delivery/Read Receipts, Reactions, etc.
    8. “Monthly Active Users (MAU)” shall mean one universally unique identifier (UUID) that connects at least once to the PubNub Services in a calendar month period. A single user who connects to the PubNub Services multiple times in one calendar month will be counted as one MAU.
    9. Persisted Data” means data that is saved in the PubNub Data Stream Network and is measured as the peak of stored data for each calendar month.
    10. PubNub Integrations” means open source code libraries. For purposes of the Agreement, integrations developed by PubNub and integrations hosted in the PubNub Integration Catalog are deemed PubNub Software.
    11. Replicated Transactions” are any of the following API calls to the PubNub Services to generate Access Tokens or which are otherwise replicated across data centers. Examples of these are Publish or Storage write requests that are set forth in the “Replicated Transactions” section at >https://www.pubnub.com/docs/transaction-classification.
    12. Signals Transactions” is part of a high-volume stream of payloads (each up to 30 bytes) intended to inform or instruct an application, without including information that would be directly reflected in an application UI (such as rideshare driver lat/long measurements, a command to switch on a chat app typing indicator, an update from an IoT device, etc.).
    13. Transaction Plan Customer” shall mean a Customer who is on a PubNub Pricing Plan specified on the PubNub Pricing Page.
    14. "Transactions" means the different transactions that are set forth at https://www.pubnub.com/docs/transaction-classification.
    15. Transaction Type” means the various API calls and related computing units that use the PubNub Services.
    16. Transaction Unit” is a Transaction whose total size in network traffic does not exceed 2048 bytes. Transactions that exceed 2048 bytes are counted as multiple Transaction Units, calculated based on each 2048 byte unit. For example, a Transaction size of 2,900 bytes is counted as 2 (two) Transaction Units. A Transaction size of 4,300 bytes is counted as 3 (three) Transaction Units.