Terms and Conditions

These terms of service (hereinafter referred to as the “Terms”) govern your access, use, purchase and subscription of DoveRunner’s products, services and its software products provided by DoveRunner Inc., a company incorporated under the laws of California and having its principal business address at 3003 North First street #322 San Jose CA 95134 (hereinafter referred to as “DoveRunner/we/us/our”). Any user who registers themself on DoveRunner’s website and wishes to avail any service offered by DoveRunner shall be bound by these Terms and shall be hereinafter referred to as “Client/Customer/User/You/Your”.

You represent that you are 18 years of age and above and are lawfully allowed and in a valid position to enter into a contract, as per the Laws of your Jurisdiction. If You do not have the authority to be bound by a legal agreement or do not agree to any of the Terms mentioned below, DoveRunner is unwilling to provide its products and Service to You, and You should not check the “I Accept the Terms of this Agreement” button and You should discontinue the order, download and/or installation process of any of DoveRunner’s products, services etc. with immediate effect.

1. DEFINITION

The following terms shall have the following meanings when used in this agreement unless expressly defined otherwise: 

1. “Agreement” means this DoveRunner Terms of Service.

2. “Client/Customer” means the person or entity that uses DoveRunner products and/or service under this agreement.

3. “User” means those who create an account associated with a valid e-mail address and are permitted to use the service offered by DoveRunner.

4. “End User” means any individual or entity that directly or indirectly benefits from our services through another user.

5. “Service site” means https://www.DoveRunner.com and/or any successor or related site designated by DoveRunner.

6. “Documentation” means all manuals, documentation, and other related materials, or any portion thereof, pertaining to the Services and/or Software provided or made available by DoveRunner to the Client in conjunction with the Services and/or Software.

7. “Software” means the computer programs and all related files, or any portion thereof, as may be amended from time to time and provided or made available by DoveRunner to the Client under the terms of this Agreement.

8. “Service” refers to the array of specialized services crafted and engineered by DoveRunner as are described in more detail hereinafter.

9. “Device” means the number of unique device operating application(s) that uses DoveRunner’s Service and its software within a calendar month. 

10. “Business Day” shall mean a day other than a Saturday, Sunday or public holiday in the USA.

11. “Privacy Policy” shall mean the privacy policy published on DoveRunner’s website.

2. INTERPRETATIONS

In this Agreement, unless the context otherwise requires:

1. words denoting the singular number include the plural and vice-versa;

2. words denoting a gender include every gender;

3. words denoting natural persons include bodies corporate and unincorporated;

4. reference to sections or appendices is to sections or appendices in this agreement;

5. references to any statute, ordinance, regulations, code or other law and other instruments under it, shall include any statute, ordinance, regulation, code and other law consolidating, amending, re-enacting or replacing any of them from time to time; 

6. headings to the clauses of this agreement are inserted for convenience only and shall not affect the construction or interpretation of this agreement;

7. where a word or a phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

8. in the event that any terms or conditions of this agreement conflicts with the terms and conditions of the schedules, appendices or any other document, now or hereafter agreed or determined, the Terms of this agreement shall prevail unless the language of such document unequivocally and expressly states the terms of such other document are to prevail over this agreement.

3. SERVICE

1. DoveRunner is a cutting-edge security technology solutions provider that facilitates content and mobile app security technologies for global customers to protect their assets and business models from growing security threats through their unique solutions/products as:

1. DoveRunner Content Security – with the primary objective of safeguarding multi-media contents and mitigating any unauthorized activities targeting such contents;
2. DoveRunner App Security –  that protects your mobile applications, and safeguards such mobile applications from any illegal activities, including, but not limited to, illegal computer source distribution/use and code alteration of the application.

4. USE OF THE SERVICE

1. DoveRunner website is carefully curated taking into consideration every minute detail for easy access and reference of its users and potential new customers. You can study the relevant features and gather information regarding the product and service that you are interested in and can sign up/register for the specific service from the website itself. Alternatively, You can write to us at contact@doverunner.com with your query and we will get in touch with you to help find a suitable solution for your needs promptly.

2. To access and use the Service, Client must create an account with a valid email address. Except where DoveRunner has notice of loss, theft or unauthorized use of user’s account information, Client is solely responsible for all activities that occur under Client’s account, regardless of whether the activities are undertaken by Client, Client’s employees or by third party with Client’s permission or Client’s affiliates or agents. 

3. DoveRunner may, from time to time, update, upgrade, change, introduce, discontinue and modify features or functionality of the Services and/or the website. DoveRunner will notify Client of any material change to the Service, before the implementation of the changes, through the user interface, or in an email linked to the Client’s account, or through other reasonable means. Client will be deemed to have accepted the Agreement, as amended, if Client continues to use the Services after the features are modified.  If Client does not agree to the changes, Client must discontinue the Services, including cancelling any paid Services. Discontinuing use of the Services will not affect the applicability of the Agreement to Client’s prior uses of the Services.

5. LICENSES

1. DoveRunner hereby grants the Client who hereby accept, subject to the terms and conditions of this agreement, revocable, non-exclusive, non-assignable, limited, worldwide license to use the Services, Software and Documentation.

2. From time to time, and without prior notice to Client, DoveRunner may provide updates of the Software, or may issue upgraded versions of the Software. However, DoveRunner shall be under no obligation to do so. All updates/upgrades provided by DoveRunner will be subject to this agreement and any amendments made to the agreement from time to time.

3. Client shall only use the Services, Software and Documentation for their own personal use or in support of the Client’s own business and shall not make the Services, Software or Documentation available to any third party without the prior consent of DoveRunner.

4. Except expressly permitted by DoveRunner, the Client shall not (i) sublicense, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any part thereof in any way, or (ii) modify, make derivative works based upon the Service or reverse engineering, decompile, or disassemble the Service.

6. CLIENT RESPONSIBILITIES

1. Client shall be solely responsible for the content of any communications by the Client with third parties or End User including any communications about, concerning or through the Services or Software. DoveRunner will not review or screen the Client’s Content on a regular basis for compliance with this agreement or applicable law. Although DoveRunner is not responsible for the scrutiny of any such content, DoveRunner may delete any such content that is found to be breaching the law or offensive in any manner that comes to knowledge or observation of DoveRunner, at any time without giving prior notice to the Client.

7. PAYMENT TERMS AND CONDITIONS

1. The product and service description on the website shall give you a brief knowledge of the competitive pricing that DoveRunner offers to its Clients. However, you can connect with us directly by filling out the Contact Us form and our personnel will get in touch with you to assist you in finalizing the suitable solution to your requirement at the best prices.

2. Once the parties are aligned on the services, commercials and execution of the Agreement, DoveRunner shall initiate the services and issue periodic invoices as per the agreed payment model between the Parties. Client agrees to pay DoveRunner the applicable fees and charges within Ten (10) days from the date of the issuance of an invoice for use of the Service as described on the website or the executed agreement, by using one of the payment methods we support. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Service site.

3. Late payments shall be subject to late fees at the rate of 1.5% per month or the maximum rate allowed by law, whichever is higher. The stipulation of payment of late fees shall not debar DoveRunner from suspending services, solely at the discretion of DoveRunner. If the Client fails to pay applicable fees and charges by the due date, or in case of any fraudulent activities committed by the Client, DoveRunner has a right to immediately suspend delivery of all or a portion of the Service to the Client.

4. All fees and charges listed on the Service site or as agreed between the Parties are exclusive of applicable taxes and duties, including but not limited to, any applicable value added tax, sales tax, or excise tax which shall be paid by the Client over and above the agreed fees as per the applicable law. The Client will be responsible for identifying and paying all taxes and government charges as per the Client’s jurisdiction.

5. Each Party must bear its own costs arising out of the negotiation, preparation and execution of this Agreement. However, all the applicable stamp duties (including fines, penalties and interest) that may be payable on or in connection with this Agreement, any transaction evidenced by this Agreement and any instrument or transaction entered into under this Agreement must be borne by the Client. In the event that the Client fails to pay the requisite stamp duty as required by law, the Client shall be solely responsible for any penalties, fines, or legal consequences arising from such non-payment. DoveRunner shall not be held liable for any such non-compliance.

8. TERMINATION & CONSEQUENCES OF TERMINATION

1. Each Party can terminate this agreement by providing the other part an advance written notice of 30 (thirty) days. The Client must stop their services and subscriptions on the DoveRunner website and deactivate their account while terminating this agreement.

2. Notwithstanding the foregoing, either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party until the defaulting party has cured the material default or breach within 30 days’ notice period.

3. Upon any termination of this Agreement, all of the Client’s rights under this Agreement shall immediately be terminated.  No refund of the fees paid by Client before termination for the successful completion of services, will be given to the Client in case of any termination. The Client will be required to pay all charges for the Services prior to the date of cancellation or termination of Services and any other charges associated with the Client’s account.

9. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS 

1. The Client agrees that title to and ownership of the Services, Software (including all source code) and Documentation and any modifications made thereto and all intellectual property rights (IPR) therein shall at all times be held by DoveRunner or its suppliers. The Client shall not be entitled to, and shall not claim any IPR even if the Client provides any information by way of suggestion or any other interaction, and such information provided by the Client culminates in our further product development.
2. The Client shall not have any right, title or ownership interest in the Services, Software and Documentation except the limited right to use the Services, Software and Documentation during the validity and as is explicitly provided in this Agreement.

10. CONFIDENTIALITY

1. For purposes of this Agreement the term “Confidential Information” is any information relating to but not limited the Terms and Conditions, and any non-public information and secret or confidential commercial, financial, marketing or technical information, know-how, trade secrets and other information relating to either Parties or their affiliates, in any form or medium, together with any reproductions of such information and any analyses, memoranda or other notes that may contain this information, and includes all information disclosed by either Party to the other through any conversation, meeting, discussion, and/or negotiation and to disclose the same only to those of its officers, employees, agents, contractors or subcontractors on a need-to-know basis and only to the extent necessary for each of them to perform such Party’s obligations under this Agreement The receiving party agrees to keep secret and confidential the Confidential Information obtained pursuant to this Agreement.

2. The Party’s information will not be deemed Confidential Information hereunder if such information: 

a. becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; 

b. is independently developed by the receiving party without any reference to the Confidential Information received from the disclosing party; or 

c. such part of the confidential information that the receiving party may be legally compelled to disclose pursuant to court order, judicial process, or as otherwise required by law; 

3. Either Party shall upon termination or expiry of this Agreement cease to use and where practicable return all Confidential Information and any copies thereof, provided to the other Party upon request within Five (5) working days of such request.

4. Notwithstanding the foregoing, Client acknowledges and agrees that the Services, Software and Documentation contain valuable confidential information and proprietary technology of DoveRunner and its suppliers. The Services, Software and Documentation, other than through its normal usage, shall be kept in confidence and not used for any purpose other than as permitted hereunder and shall not be disclosed to any third party except as required for Client to use the Services and Software.

5. The Client may not create derivative forms or modify, decompile or reverse engineering the Software or do anything that will reveal or generate the source code of the Software. Any such act will be deemed to constitute a trespass on the rights, titles and interests of DoveRunner and its suppliers, and constitute a proper ground for immediate termination of this Agreement and consequent legal action to be initiated at the sole discretion of DoveRunner.

11. DATA COLLECTION

1. DoveRunner cares about your privacy. We only collect information about you that is necessary for us to be able to serve you, and we strive to take reasonable care and protection of the information we receive from you. Please refer to the Privacy Policy available on DoveRunner website to better understand how DoveRunner is committed to safeguard any data collected, stored, processed by DoveRunner in the course of providing Services under this Agreement.

2. The Client shall also publicly post, maintain, and comply with an accurate privacy policy consistent with this Agreement on their own website and ensure that the Client has any and all necessary rights (including, to the extent necessary the express consent of End Users) to enable DoveRunner to lawfully collect and share the data under this Agreement and any applicable separate agreement of DoveRunner’s Service.

12. WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

1. Client acknowledge that the Client has or will have independently determined that the Services, Software and Documentation meets the Clients requirements and that the Client shall not solely rely on any representation made, or information provided, by DoveRunner as to the suitability of the Services, Software or Documentation for any particular purpose.

2. The Client hereby agrees to indemnify and hold harmless DoveRunner from and against any claims, demands or causes of action whatsoever, and shall defend or settle all claims and actions brought against DoveRunner by third parties arising out of or related (i) to Client’s use of the Services, Software or Documentation and any third party access or use of same, or (ii) the Client’s breach of the Agreement or any other restrictions or guidelines provided by DoveRunner during the course of this Agreement.

3. EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN DOVERUNNER EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SERVICES, SOFTWARE OR DOCUMENTATION, INCLUDING ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON- INFRINGEMENT OR PERFORMANCE AND ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, USAGE OR TRADE AND THOSE WHICH MAY BE IMPLIED BY LAW. DOVERUNNER DOES NOT WARRANT THAT ANY OF DOVERUNNER’S SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DOVERUNNER SERVICES AND OTHER SERVICES RENDERED BY DOVERUNNER, DOVERUNNER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DOVERUNNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOVERUNNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DOVERUNNER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DOVERUNNER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVICES, SOFTWARE AND DOCUMENTATION AND NO AGENT OF DOVERUNNER IS AUTHORIZED TO ALTER SAME. ALL ALTERATIONS SHALL BE IN WRITING AND SIGNED BY DOVERUNNER.

4. The client shall do their own due diligence and assume all responsibility and risk for use of the services, software and documentation available on DoveRunner’s website.

5. In no event shall DoveRunner or any of its directors, officers, employees, shareholders or agents be liable for any general, incidental, direct, indirect, punitive, exemplary, consequential or other damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation your use of, reliance upon, access to, or exploitation of the services, software or, documentation, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

6. The Client agrees that the consideration being paid hereunder does not include any consideration for DoveRunner to assume any risks beyond those expressly assumed herein and if any such risks were to be assumed by DoveRunner, DoveRunner would not have entered into this agreement without charging substantially higher fees.

7. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, and therefore the laws of those jurisdictions will apply, to the extent of conflict. 

8. Notwithstanding any other provision contained herein, DoveRunner and its directors, officers, employees, shareholders and agents‘s total maximum aggregate liability under this agreement and the license and use of the Services, Software or Documentation under any and all circumstances, arising in any manner whatsoever, shall be limited to the greater of: (a) ten thousand USD ($10,000), or (b) the license fees actually paid by you to DoveRunner under this agreement in the one year period immediately preceding the final act or event which gave rise to such liability.

13. NON ASSIGNABILITY 

1. The Client shall not assign this Agreement or any of Your rights hereunder without the prior written consent of DoveRunner. DoveRunner reserves the right to assign either in part or in whole its rights and obligations to DoveRunner’s affiliates without the consent of the Client. 

14. MISCELLANEOUS 

1. Entire Agreement: This Agreement as amended from time to time contains the entire understanding and agreement between DoveRunner and the Client with respect to the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except in the manner described above or by an instrument in writing signed by each party’s duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.

2. Notices: All notices, authorizations and requests in connection with this Agreement shall be done in English language, and the effect to be given (i) immediately if personally delivered or if provided by e-mail, (ii) five days after being deposited in the mail, postage prepaid, certified or registered, return receipt requested; or (iii) one day after being sent by overnight courier, charges prepaid; and addressed as first given above or to such other address as the party to receive the notice designated by written notice to the other.

The parties shall promptly notify each other in writing of any changes made to their respective designated representatives hereunder.

3. Governing Law:

1. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of California, United States.
2. Any dispute or difference arising between the Parties or in relation to interpretation of this Agreement which cannot be resolved amicably between the parties shall be settled by the authorised representative of Parties. In event of the failure for the Parties to amicably resolve the dispute the Parties shall seek to resolve the dispute under provisions of first mediation and then arbitration as applicable under the laws of California, United States. Parties hereby agree to submit to the exclusive jurisdiction of the courts in the city of Santa Clara, California.

4. Force Majeure:  DoveRunner shall be under no liability whatsoever in the event of non-availability of any portion of the Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of DoveRunner.

5. No Partnership: The Parties shall not by virtue of this Agreement be deemed to be a partner or agent of each other nor shall anything herein contained be construed as creating a partnership, joint association or trust between the Parties. It is agreed that each Party will be responsible only for its obligations under this Agreement and neither Party shall be authorized to represent or bind the other to any other person.

6. Subject Headings: The subject headings of the Articles and Sections of this Agreement are included solely for purposes of convenience and reference only, and shall not be deemed to explain, modify, limit, amplify or aid in the meaning, construction or interpretation of any of the provisions of this Agreement.

7. Schedules: All Schedules, Parts, Annexures and Appendices attached hereto (by whatever name) and referred to herein, are an integral part of this Agreement and are incorporated herein by reference hereby.

8. Amendments: Save and except for any Amendments to DoveRunner Software and/or Services,  No supplement, modification or amendment of any term, provision or condition of this Agreement shall be binding or enforceable unless executed in writing by the parties hereto.

9. Entire Agreement and Waiver:  This Agreement contains the entire agreement between the parties hereto and supersedes all prior and contemporaneous agreements, arrangements, negotiations and understandings between the parties hereto, relating to the subject matter hereof. The waiver by either party of a breach of any provision contained herein shall be in writing and shall in no way be construed as a waiver of any succeeding breach of such provision or the waiver of the provision itself.

10. Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

11. Anti-Bribery: Neither party shall, directly or indirectly, make a bribe or other illegal gift or payment or offer, promise or authorise a bribe or other illegal gift or payment to any public or private person or entity, in connection with this Agreement. Each party represent and warrant that they have not taken, or permitted any of their Affiliates, agents, Sub-contractors, suppliers or employees to take, any action which would constitute a breach of this provision, and covenant to comply with (and require their respective Affiliates, agents and employees to comply with) this provision. This provision shall survive the termination of this Agreement.

ANNEXURE A – SERVICE LEVEL AGREEMENT FOR DOVERUNNER MOBILE APPLICATION SECURITY SERVICE

1. SERVICES:

1. DoveRunner shall provide application security solution services in order to secure the Client’s mobile application (on Android and iOS), and any other apps on any other platform as may be agreed between the Parties specifically for a specific number of applications (Android/iOS etc.). The service shall include the prevention of such mobile applications from any illegal activities, including, but not limited to, illegal computer source distribution/use and code alteration of the application.

2. It is hereby agreed between the Parties that the Client reserves the right to increase or decrease the number of mobile applications availing DoveRunner app security services on prior intimation to DoveRunner.

3. The Parties agree that the Monthly Active Devices (MADs) per app per year will be unlimited.

4. DoveRunner will provide threat analytics to the Client on a regular basis as per the mutually agreed timelines.

5. DoveRunner will provide Runtime Application Self Protection (RASP) and will ensure that the SDK is Compatible with any third-party library.

6. DoveRunner will ensure that it will provide the below features which are including but not limited to:

1. DEX Encryption
2. Code Protection
3. DLL/SO Encryption
4. Integrity Protection
5. Packet Sniffing Tool Detection
6. Rooting/Jailbreak Detection
7. Emulator Detection
8. Anti-Debugging
9. Anti-Decompiling
10. Memory Protection
11. Keylogger tool detection

7. The DoveRunner shall perform the Services as per the prevalent commercially reasonable market standard on a timely basis.

8. DoveRunner shall provide a report in the form and manner as is agreed between the Parties and enter into meetings with the Client to discuss the same and provide satisfactory responses to the Client’s query(ies) as and when required.

2. FEES:

1. The Fees are listed along with the services on a specific service page. Any modifications to the same shall be discussed and agreed between the parties individually. The Client shall pay DoveRunner after signing this agreement the agreed fees in USD in consideration of its Services under this Agreement.

2. The Client shall make the payment in 10 days upon receipt of the invoice unless disputed.

ANNEXURE B – SERVICE LEVEL AGREEMENT FOR CONTENT SECURITY SERVICES

This Service Level Agreement (SLA) outlines the terms and conditions governing the service availability and performance of the DoveRunner’s Content Security Services provided by DoveRunner Inc. (“the Company/DoveRunner”) to the customer (“the Customer”). This SLA ensures transparency and defines the level of service quality the Customer can expect from the Service.

1. MULTI-DRM Service

1. SERVICE AVAILABILITY 

1. Definition and Scope of Service Availability

The availability of the Service is defined by the successful responses from DRM license acquisition API and key exchange (KMS) API, which are the core of the Service. The successful responses include successful DRM license issuance and key exchanges as well as error responses which are caused by client side issues such as incorrect request data.

The Company also provides other types of service APIs for retrieving service history information and configurations with reasonable availability, but those APIs are not in the coverage of this SLA.

2. Guaranteed Service Availability

The Company guarantees a minimum service availability of 99.99% in a calendar month, excluding scheduled maintenance windows and force majeure events.

3. Calculation of Service Availability

Service availability is calculated as ‘Monthly uptime percentage’ using the following formula: 

Monthly uptime percentage = (Total minutes in the month – Total minutes of service unavailability) / Total minutes in the month.

2. API Response Time

1. Definition and Scope of API Response Time

The API response time (latency) is defined as the time it takes for the Service to respond to a DRM license request or a key exchange (KMS API) request. As described in Section 1.1 above, this SLA does not cover the response time of other types of APIs provided by the Service.

2. Guarantee of API Response Time 

1. Latency for DRM License Acquisition API

The Company agrees to ensure that the response time latency of DRM license acquisition API does not exceed the following thresholds for the specified percentiles of requests:

• P50 (median): 250 ms
• P90 (90th percentile): 300 ms
• P99 (99th percentile): 350 ms

2. Latency for DRM Key Exchange API

The Company agrees to ensure that the response time latency of DRM key exchange API does not exceed the following thresholds for the specified percentiles of requests:

• P50 (median): 300 ms
• P90 (90th percentile): 450 ms
• P99 (99th percentile): 500 ms

The latency thresholds for DRM key exchange API are higher than the thresholds for DRM license acquisition API because the key exchange requires data writing on the Service system’s database.

1. Callback Type DRM License Integration

The callback type DRM license integration requires communication between the Service system’s DRM license server and the Customer’s backend system during the process of DRM license acquisition API. This external communication cannot be guaranteed by this SLA because the Company cannot control or measure the availability and latency of the callback server running in the Customer’s system.

2. FORENSIC WATERMARKING

1. Service Availability

1. Definition and Scope of Service Availability

The availability of the Service is defined by the successful responses from DoveRunner Session Manager API, which is the core of the Service. The successful responses include session Manager API watermark token issuance as well as error responses which are caused by client side issues such as incorrect request data.

The Company also provides other types of service APIs such as retrieving service history information and configurations with reasonable availability, but those APIs are not in the coverage of this SLA.

2. Guaranteed Service Availability

The Company guarantees a minimum service availability of 99.99% in a calendar month, excluding scheduled maintenance windows and force majeure events.

3. Calculation of Service Availability

Service availability is calculated as ‘Monthly uptime percentage’ using the following formula:

Monthly uptime percentage = (Total minutes in the month – Total minutes of service unavailability) / Total minutes in the month.

2. API Response Time

1. Definition and Scope of API Response Time

The API response time (latency) is defined as the time it takes for the Service to respond to a Forensic Watermarking session manager request or a request for a Forensic watermark token . As described in Section 1.1, this SLA does not cover the response time of other types of APIs provided by the Service.

2. Guarantee of API Response Time
3. Latency for DoveRunner Session Manager to provide the watermark token

The Company agrees to ensure that the response time latency of DoveRunner Session Manager API does not exceed the following thresholds for the specified requests:

• Min : 400 ms
• Max : 700 ms

It is an auto scaling system and as the delay increases additional nodes are spawned for better performance.

3. COMMON SERVICE LEVEL AGREEMENT

This Service Level Agreement (SLA) outlines the terms and conditions governing the service availability and performance of the DoveRunner Multi-DRM and Forensic Watermarking SaaS (hereinafter referred to as “the Service”) provided by DoveRunner Inc. (“the Company/DoveRunner”) to the customer (“the Customer”). This SLA ensures transparency and defines the level of service quality the Customer can expect from the Service.

1. Service Credits

1. Service Credit Eligibility

In the event that the Service fails to meet the guaranteed service availability or maximum API response time as specified in sections 2 and 3, the Customer may be eligible for service credits.

2. Service Credit Calculation

The service credits will be calculated as a percentage of the fees paid by the Customer for the affected month.

1. Credit Calculation for Service Availability

The calculation for the service availability will be based on the following formula: 

Monthly uptime percentage	Service credit percentage
Less than 99.99% but greater than or equal to 99.95%	10%
Less than 99.95% but greater than or equal to 99.0%	20%
Less than 99.0%	30%

2. Credit Calculation for API Latency

The service credit calculation for the API latency will be based on the following formula:

Excessive latency percentage = Responses with excessive latency / Total responses

Where:

• Total responses: The total number of monthly successful responses defined in Section 2. Service Availability
• Responses with excessive latency: The number of monthly successful responses that failed to meet the P99 latency threshold defined in the Response Time section 

Excessive latency percentage	Service credit percentage
Less than 5.0% but greater than 1.0%	10%
Less than 10.0% but greater than or equal to 5.0%	20%
Greater than or equal 10.0%	30%

3. Maximum Service Credits

The maximum service credits that can be claimed by the Customer for any given month will not exceed 30% of the monthly fees paid by the Customer for that month.

2. Exceptions

The following situations are excluded from the SLA and will not be considered for calculating service availability and response time latency, or providing service credits: 

1. Scheduled Maintenance. Planned maintenance windows communicated in advance to the Customer.

2. Force Majeure Events. Any events beyond the control of the Company, including natural disasters, acts of terrorism, network or infrastructure failures caused by third-party providers, or any other events deemed force majeure.

3. Other Types of APIs

This SLA covers the availability and response time latency of the API types below:

• DRM license acquisition API: The API that is used for license issuance between the Service’s DRM license server and client players.
• DRM key exchange (KMS) API: The API that is used for DRM key exchange between the Service’s Key Management System and DRM packager solutions.
• FWM Session Manager API: The API that requests forensic watermarking session URL or watermark token.

Other types of APIs that are also provided by the Service, such as the service history information and configuration API, are not in the coverage of this SLA.

4. TECHNICAL SUPPORT AGREEMENT

1. Zendesk Service Desk Support: DoveRunner Zendesk support is responsible for managing issues and requirements.

2. Escalations: Each Zendesk Ticket once in progress, will have an option to escalate. There will be a support team dedicated to all escalated cases. Level 1, Level 2, Level 3.

3. Contacting Support: Zendesk Service Desk login will be created and sent to the customer for raising their queries/issues/requirements or you can email your query to
   support@doverunner.com

4. Incidents & Service Requests: 

1. Ticket Creation: Any Incident or critical service request should be initiated using Zendesk Service Desk.

2. Ticket Prioritization: Requests for support will be fulfilled based on priorities (Critical, High, and Normal) which are determined by urgency and level of impact. The priority levels are defined as below:

1. P1(Critical)

Critical issues that severely impact the client’s ability to use the service or product, with no workaround available.

Response Time: Immediate response, often within a specified time frame (e.g., 1 hour).

2. P2(High)

Significant issues that have a major impact on the client’s operations, but a workaround may be available.

Response Time: Prompt response, typically within a specified time frame (e.g., 8 hours).

3. P3(Normal)
   Issues that have a moderate impact, causing inconvenience but not hindering critical operations.

Response Time: Timely response, often within a specified time frame (e.g., 24 Hr).

3. Priority Levels-Response Time 

The following table shows the Incident Target Response Time by Priority after initial reporting of incident to the Zendesk Service Desk support.

The Response Time is the time interval wherein the support must update the  customer who reported the incident on ticket status.

Priority	Response Time
P1 (Critical)	1 Hour
P2 (High)	8  Hours
P3 (Normal)	24 Hours

5. Customer Communication

IT Support will update the status of each ticket which will help customers to get the status of issues/requests.

6. Escalation Matrix: