Pylon Labs, Inc. (“Pylon” or “Company”) provides a SaaS-based customer support platform optimized for B2B (hereinafter the “Services”) that brings together all the tools a post-sales team needs to implement and support new clients seamlessly and reliably fostering fulfilling long-term client relationships. These Terms of Service (“Terms”) govern how you, the customer (hereinafter, “Customer”), use Pylon’s website and Services and by signing up, creating an account, entering into an Order Form, or accessing and using our website or Services, you signify that you have read, understand, and agree to be bound by these Terms.
If you accept these Terms and are using the website or Services on behalf of another organization or legal entity, you represent and warrant that you are authorized to do so. If you do not have such authority or do not agree to these Terms, you may not access the website or Services.
SaaS Services and Support
1.1 Customer may obtain from Company the right to access and use the Services and engage Company to perform related services from time to time during the Term (as defined below), pursuant to these Terms.
1.2 Subject to these Terms, Company will use commercially reasonable efforts to provide Customer the Services. During the Term, and subject to Customer’s compliance with these Terms, Company grants a non-sublicensable, non-transferable, limited license to access and use the Services. Company owns all intellectual property rights in and to the website, the Services and Software (as defined below), including but not limited to all patents, trademarks, copyrights, trade secrets, and other proprietary or intellectual property rights related thereto. Customer shall acquire no rights therein other than those limited access rights specifically conferred by these Terms. All configurations, customizations, updates, enhancements and modifications to the Services developed by Company belong solely and exclusively to Company and shall be deemed to be included in the Services.
1.3 As between the parties, Customer will retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to Company for the performance of the Services. Subject to these Terms, Customer hereby grants to Company a non-exclusive, worldwide, royalty-free, transferable, sublicensable, right to use, copy, store, transmit, modify and display the Customer Data solely to the extent necessary to provide the Services to Customer.
1.4 Subject to these Terms, Company will provide Customer with reasonable technical support services in accordance with the Support Terms set forth in Exhibit A.
Restrictions and Responsibilities
2.1 Customer may not and may not assist or enable others to: (i) use the Services except as permitted by these Terms; (ii) sell, assign, lease, sublicense, copy, resell, or scrape any part of the Services or otherwise transfer the Services to any third party, in whole or in part, without Company’s prior written consent; (iii)directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); (iv) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); (v) use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party (with the exception of custom features that Company agrees to provide for Customer’s customer(s)); (vi) use the Services in a manner that is unlawful or violates the rights of others; (vii) use or permit the use of any tools in order to probe, scan, or attempt to penetrate or benchmark the Services; (viii) remove any proprietary notices or labels from the Software, Services or related documentation; (ix) interfere with or disrupt the integrity, stability, or performance of the Services, Software, Company’s servers, or the behavior of other applications using the Services or data contained therein; (x) attempt to gain unauthorized access to the Services, Software or its related systems or networks; (xi) use the Services for competitive analysis or to develop competing products or services; (xii) transmit any viruses, malware, or other harmful materials via the Services; (xiii) copy, distribute, share, or disclose any portion of the Services or related documentation; or (xiv) transmit any Customer Data via the Services that (a) may constitute or contribute to a crime or tort, (b) may create a risk of harm, injury, or emotional distress to any person, or (c) contains any information or content that Company reasonably deems to be unlawful, harmful, abusive, hateful, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, threatening, profane, obscene, or otherwise objectionable.
2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.
2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with these Terms and all applicable laws and regulations.
2.4 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, and files, and for all uses of Customer’s account or the Equipment with or without Customer’s knowledge or consent, and ensuring that each permitted user shall only use the Services in accordance with these Terms and otherwise agrees to comply with the terms and conditions outlined herein. Further, Customer and its permitted users shall take all actions and steps necessary to keep the Services free of any and all viruses, malware, or other software or algorithms that may adversely impair or impact the security, integrity or performance of the Services.
Confidentiality; Proprietary Rights
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information”). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Services and the Software including any documentation related thereto. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take commercially reasonable precautions to protect such Proprietary Information, but in no event using less precautions than the Receiving Party uses to protect its own confidential information and in any event not less than a reasonable degree of care (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing obligation shall terminate after five (5) years following the disclosure thereof. Proprietary Information shall not include any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in its possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed without use of any Proprietary Information or (e) is required to be disclosed by law.
3.2 Customer shall own all right, title and interest in and to the Customer Data. Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with implementing Services or support, (c) any ideas, comments or feedback provided by Customer related to the Software or Services, and (d) all intellectual property rights related to (a) through (c) of the foregoing.
3.3 Notwithstanding anything to the contrary, Customer understands and agrees that Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Software and the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Software and the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form such that it is not capable of identifying Customer or any end user of Customer in connection with its business. No rights or licenses are granted except as expressly set forth herein.
3.4 Company utilizes the services of a third-party Artificial Intelligence (AI) provider to enhance the performance and functionality of the Services ("Third-Party AI"). This involves the transmission of Customer Data to the Third-Party AI. The Third-Party AI operates solely in real-time to assist in the provision and improvement of the Services and shall not store Customer Data or engage in any training of the AI system using Customer Data or data derived from it. Company maintains zero data retention (“ZDR”) agreements with contracted Third-Party AI providers and agrees to maintain ZDR throughout the Term.
Payment of Fees
4.1 Customer will pay Company the applicable fees described in the Order Form for the Services in accordance with the terms therein (collectively, the “Fees”). If Customer’s use of the Services exceeds the Service capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the Terms herein or as outlined in the Order Form), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees upon thirty (30) days’ prior notice to Customer (which may be sent by email); however, updated charges and/or Fees shall not go into effect until the Customer’s next renewal effective date. If Customer in good faith believes that Company has billed Customer incorrectly, Customer must contact Company no later than 10 days after Customer’s receipt of a billing statement in which the error or problem appeared in order to be eligible for an adjustment or credit upon a confirmed error.
4.2 Customer is responsible for providing complete and accurate billing and contact information to Company and notifying Company of any changes to such information. Customer hereby agrees to pay all fees and charges assessed to Customer’s account hereunder, as invoiced by Company. If Company bills Customer through an invoice, full payment is due within thirty (30) days from the invoice date. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Company reserves the right to charge interest and suspend or terminate the Services and these Terms due to Customer’s failure to remit timely payment within five (5) business days after receipt of notice from Company.
4.3 Unless Customer is deemed tax exempt, Customer shall be responsible for payment of all sales, use and excise taxes applicable to Fees and other services fees, including but not limited to, all sales, use or other taxes, which may be levied or assessed in connection with this Agreement. Customer shall pay such tax when due or reimburse Company as Company may request. Customer shall not be responsible for taxes assessed on Company’s net income, property or personnel.
Term and Termination
5.1 Subject to earlier termination as provided herein, this Agreement is for the initial period specified in the Order Form (“Initial Service Term”).
5.2 After the Initial Service Term these Terms shall automatically renew for additional one (1) year periods (“Renewal Term(s)”) unless and until a party provides written notice at least ninety (90) days prior to the end of any Initial Service Term or Renewal Term of its intent not to renew these Terms.
5.3 In addition to any other remedies it may have, either party may terminate these Terms upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions herein. In the event of termination by Company hereunder, Customer will pay in full for the Services through the Initial Service Term or any current Renewal Term. In the event of termination by Customer hereunder, Customer shall pay in full for Services received through the effective date of termination. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnification obligations and limitations of liability.
5.4 If this Agreement is terminated for any reason: (a) all access rights granted hereunder shall cease on the effective date of termination; (b) Customer shall pay all Fees and any other fees for Services and all past due amounts through the date of termination and (c) Customer, its employees and any permitted users shall cease use of the Services on the effective date of termination. Each Receiving Party will return or destroy the Disclosing Party’s Proprietary Information (in the Disclosing Party’s sole discretion), together with any and all tangible materials and all copies thereof, provided, however: (i) that if a legal proceeding has been instituted to seek disclosure of the Proprietary Information, such material shall not be destroyed until the proceeding is settled or a final judgment with respect thereto has been rendered; (ii) that the Receiving Party shall not, in connection with the foregoing obligations, be required to identify or delete Proprietary Information held electronically in archive or back-up systems in accordance with general systems archiving or backup policies; and (iii) that the Receiving Party shall not be obligated to return or destroy Proprietary Information of the Disclosing Party to the extent the Receiving Party is required to retain a copy pursuant to applicable law, and further provided that the Receiving Party will not, and the Receiving Party will use commercially reasonable measures to cause its employees not to, access such Confidential Information so archived or backed-up.
5.5 Notwithstanding anything herein to the contrary, and without limiting Company’s termination or other rights hereunder, Company reserves the right to suspend or limit Customer’s and/or any of its permitted user’s access to or use of the Services, or any portion thereof, without liability to Customer: (i) if Customer’s use of the Services is in violation of Section 2 (Restrictions and Responsibilities) or (ii) to prevent harm to other customers or third parties or to preserve the security, availability or integrity of the Services (including if Customer is or becomes listed on any reputable blacklist, blocklist, or similar list of spam abusers). Unless this Agreement has been terminated, Company will restore Customer’s access to the Services promptly after Customer has resolved the issue requiring suspension.
5.6 Company and its licensors shall have no liability to Customer, its permitted users or any third party for any termination of this Agreement or suspension of access or use of the Services.
Representations, Warranties and Disclaimer
6.1 Customer represents and warrants that: (a) you are at least eighteen years old and have the full right and power to enter into and perform these Terms; (b) your Customer Data and use of the Services will not violate any applicable law or regulation or infringe or misappropriate any rights of any third party, including any intellectual property rights and privacy rights; (c) you have all necessary rights, licenses, and consents, and have provided all required notices, to use the Customer Data and to allow us to receive and use the Customer Data as permitted under these Terms; and (d) we may use the Customer Data in accordance with this Agreement without liability to any third party, including for payment of any fees, residuals, payments, or royalties.
6.2 We have the full right and power to enter into and perform these Terms and (b) the Services will perform in material conformance with our Documentation and any Service Level Agreement agreed to between the parties (the “Performance Warranty”). To the extent a Service Level Agreement applies, if you notify us in writing of a breach of the Performance Warranty, we will perform the support described in any applicable Service Level Agreement, which will be your sole remedy, and our sole responsibility, for a breach of the Performance Warranty.
6.3 EXCEPT FOR WARRANTIES EXPLICITLY SET FORTH IN THESE TERMS AND ANY ORDER FORM, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH CUSTOMER’S EQUIPMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS - WHERE-IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, AVAILABILITY, TIMELINESS, OR COMPLETENESS OF THE SERVICES OR DOCUMENTATION FOR ANY PURPOSE.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR BODILY INJURY OR DEATH OF A PERSON DUE TO COMPANY’S GROSS NEGLIGENCE, IN NO EVENT SHALL COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF CONTRACT OR TORTFOR ANY LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, BUSINESS ERROR OR INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL, OR FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
8.1 Your Indemnification. You shall indemnify, defend, and hold harmless Company and our officers, directors, employees, agents, and affiliates from any claim, action, proceeding, damages, obligation, loss, liability, cost, debt, and expense (including attorneys’ fees) arising from or related to any actual or alleged: (a) breach of these Terms; (b) violation of any third-party right, including any right of privacy, intellectual property, or publicity; (c) violation of applicable law; or (d) gross negligence or willful misconduct.
8.2 Our Indemnification. Provided that you and Company have entered an order form signed by both parties for paid Services, we shall defend or settle, at our own option and expense, any suit, claim, action, or proceeding brought against you by a third party to the extent based upon (a) a claim that the Services infringe any U.S. copyright or trademark or misappropriate any U.S. trade secret of such third party or (b) our gross negligence or willful misconduct, and will pay such damages or costs as are finally awarded against you by a court (or mediator or arbitrator, if applicable) of competent jurisdiction or are agreed to in a settlement that are attributable to such claim.
8.3 An Indemnified Party shall timely notify the Indemnifying Party of any Claim. The Indemnified Party shall afford the Indemnifying Party the opportunity to undertake the defense of such Claim through counsel retained by the Indemnifying Party at its sole cost and expense (which counsel shall be, however, reasonably satisfactory to the Indemnified Party). If the Indemnifying Party (i) fails to elect to undertake the defense of such Claim within a reasonable time after notice from the Indemnified Party, or (ii) having undertaken the defense, thereafter fails to continue to do so diligently and in good faith, then the Indemnified Party may undertake the defense of such Claim through counsel of its own choosing, and all reasonable fees and expenses in connection therewith shall be timely reimbursed to the Indemnified Party by the Indemnifying Party. If the Indemnifying Party is providing a defense for the Claim, then it shall have the right to settle any such Claim, provided that no such settlement shall be made without the prior written consent of the Indemnified Party.
Force Majeure
Neither party is liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) due to events beyond its reasonable control, such as a natural disaster, civil disturbance, act of terrorism or war, strike, lockout, epidemic, interruption or failure by a third-party hosting or Internet provider or utility provider, or governmental action. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Independent Contractors
No agency, partnership, joint venture, or employment is created as a result of these Terms and neither party has any authority of any kind to bind the other party in any respect whatsoever.
Miscellaneous
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited, eliminated or replaced with a valid provision to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. In the event of a conflict between these Terms and an Order Form, the terms of the Order Form shall control, but only as to that Order. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Customer agrees to reasonably cooperate with Company to serve as a reference account upon written request. Notwithstanding anything to the contrary, Customer grants Company the right to use Customer’s name, logo, trademarks and/or trade names in Company press releases, product brochures, marketing, website and social media sites (like LinkedIn and X (formerly Twitter) and financial reports indicating that Customer is a customer of Company. All other public statements or releases shall require the mutual consent of the parties. Company reserves the right to modify or revise these Terms as required by applicable law by posting a revised version at Pylon. The revised version will become effective and binding the next business day after it is posted, and if Customer uses the Services after that date, Customer’s use will constitute acceptance of the revised Terms. Notwithstanding anything to the contrary in this agreement, Company objects to and rejects any additional or different terms proposed by Customer, including those contained in a purchase order, acceptance, supplier portal, or website, and any such documents shall be deemed to be for administrative purposes only. These Terms are a contract for the provision of services and not a contract for the sale of goods. No provision of the Uniform Commercial Code, the Uniform Computer Information Transaction Act, the United Nations Convention on Contracts for the International Sale of Goods, or any substantially similar legislation as may be enacted, will apply to these Terms. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion. If any provision of these Terms is held to be unenforceable for any reason, it shall be replaced with the valid provision that most closely reflects the intent of the parties and the remainder of these Terms shall remain enforceable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
EXHIBIT A
Support Terms
Company will provide Technical Support to Customer via Slack on weekdays during the hours of 9:00 am through 5:00 pm Pacific time, with the exclusion of Federal Holidays (“Support Hours”).
Customer may initiate a helpdesk ticket during Support Hours by sending a message to their Shared Slack Channel with the Company.
Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.
EXHIBIT EXHIBIT B
Service Level Terms
This Exhibit describes the methodology pursuant to which Service Levels are implemented and Fee Reductions are calculated and paid by Company to Customer. The Service Levels are intended to measure how effectively the Services are provided to Customer. Company shall perform the Services in a manner consistent with the requirements of the Terms, all applicable Statements of Work and the Service Levels.
The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and regularly scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from: (i) Customer’s breach of the Terms that prevents Company from meeting the applicable Service Level, (ii) acts or omissions of Customer or its affiliates, (iii) outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. The aggregate maximum Fee Reduction payable for this Service Level in any given month is 25% of the monthly Services fees.
Downtime shall begin to accrue as soon as Customer (with written notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. For purposes of these Service Level Terms, “restored” means that the Services component impacted by the problem has been restored or that Company has put in place a suitable workaround, reasonably approved by Customer, that enables the Services to be provided as required under the applicable SOW and in accordance with other Service Levels. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event.
Company will only apply a credit to the month in which the incident occurred. Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under these Terms.
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