This SimplyRETS API Service Level Agreement ('SLA') governs the use of the SimplyRETS API under the terms of the SimplyRETS Terms of Service (the 'TOS') between SimplyRETS, Inc. ('SimplyRETS', “us” or “we”) and users of the SimplyRETS API (“you” or 'Customer'). This SLA applies separately to each account using the SimplyRETS API. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. SimplyRETS reserves the right to change the terms of this SLA in accordance with the TOS.
In order to ensure the best quality service for all of our supported vendors all accounts are subject to two kinds of rate limiting, concurrent and daily.
SimplyRETS allows no more than 5 concurrent API requests. Concurrent API requests are requests sent within the same 1 second interval.
Each account also has a daily maximum request limit depending on the type of account. Accounts are not to exceed the maximum limit of API calls per day and are subject to rate limiting responses from the SimplyRETS API server.
SimplyRETS will use commercially reasonable efforts to make the SimplyRETS API available 98% of the time. In the event SimplyRETS does not meet the goal of 98% API availability in a given calendar month ('Monthly Uptime Percentage'), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
2.1 'Unavailable Time' means the SimplyRETS API is not available for use according to third party performance and monitoring services contracted by SimplyRETS at its sole discretion (the 'Monitoring Service'). The Monitoring Service reports of availability is currently available at status.simplyrets.com; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
2.2 'Monthly Uptime Percentage' is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the SimplyRETS API was in a state of 'Unavailable Time' as identified by Monitoring Service
2.3 A “Service Credit” is a dollar credit, calculated as set forth below, that SimplyRETS may credit back to an eligible Customer account:
For a calendar month where the Uptime Monthly Percentage, as identified by Monitoring Service, SimplyRETS, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer’s account a percentage of that month’s billings. Currently, we handle this on a case by case basis.
Service Credit shall be issued to Customer’s SimplyRETS balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
To apply for a Service Credit, the customer must submit a ticket via the Account Portal within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) "SLA Claim" as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the SimplyRETS API, or any other SimplyRETS API performance issues, that (i) are caused by factors outside of SimplyRETS’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of SimplyRETS or its direct hosting subcontractors (i.e beyond the point in the network where SimplyRETS maintains access and control over the SimplyRETS Services); (ii) result from any actions or inactions of Customer or any third party (other than SimplyRETS’s direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within SimplyRETS’s direct control); or (iv) arise from SimplyRETS’s suspension and termination of Customer’s right to use the SimplyRETS Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available SimplyRETS features or products (collectively, the “Exclusions”).
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the SimplyRETS Services or other failure by us to provide the SimplyRETS Services.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered a cancellation. You can cancel your account at any time from within your Account Panel, on the 'Upgrade' tab of your App page. All cancellations take effect immediately.
SimplyRETS does not offer any returns or exchanges on payments made. All payments for connection fees and subscriptions are final. To be consistent, no exceptions will be made. If you cancel before your next billing period is started, you will not be charged for the next billing period.
SimplyRETS will use commercially reasonable efforts to make sure that any Geocoded data provided is as accurate as possible. As such, we cannot guarantee any specific level of accuracy in regards to the Geocoding service, or that every listing available will be geocoded. Please submit a support request with any properties that are not showing correctly and we will make our best effort to alleviate any incorrect latitude and longitude.
In some cases, your RETS Provider (eg, an MLS or Association of REALTORS) may make updates to their RETS server, their available fields, their login methods, or other change that require updates to working with their RETS server. In cases where SimplyRETS has to make updates to accomodate for these changes, the account holder will be charged a Connection Fee. There are other cases where a RETS Provider may simply update your credentials used to access their server. In these cases, if no other changes are necessary, there may not be an additional Connection Fee. Whether or not an additional Connection Fee will be incurred is at the discretion of SimplyRETS. The amount of the Connection fee will be the current rate at which SimplyRETS charges all connection fees; this information is available on our pricing page. For more information about this, please contact firstname.lastname@example.org.
The amount of data, and the frequency at which it updates is dependent on the MLS or RETS Provider. SimplyRETS will make a best effort to get as much data as possible, but reserves the right to limit the amount of data retrieved. On Basic Plans, SimplyRETS is not required to access more than 2 years of data. On Premium and Enterprise payment plans, SimplyRETS is not required to access more than 4 years of data.
SimplyRETS is not responsible for the quality of the data provided by the RETS vendor, or the fields contained or not contained within the RETS vendor's data. If the RETS provider does not provide specific fields that are advertised in the SimplyRETS API, or there is no appropriate match for a data field, that data will not be available in the API. The full extent of data that SimplyRETS offers is made public on the API documenation page (https://docs.simplyrts.com/api/index.html). SimplyRETS is not required to add fields, even those that may be in the RETS providers data, that are not advertised in the SimplyRETS API documentation at the time of purchase.
SimplyRETS will make a best attempt to keep the RETS data as up to date as possible. In most cases, an attempt to update the data will be made every 2 hours. SimplyRETS is not responsible for cases where the RETS providers servers are unavailable and thus the data is unable to be updated. Out of date data is not considered an outage.
In some cases, RETS providers will change field names in their metadata, which might require action from SimplyRETS. SimplyRETS will make a commercially reasonable effort to resolve these changes as soon as possible, however these chages may take up to 7 days or longer to take effect in the API.
Some RETS feeds include VOW or IDX-display restricted listings. This is generally indiciated by a flag on each listing in the RETS data: eg, 'InternetEntireListingDisplayYN' or 'InternetAddressDisplayYN'. SimplyRETS does not currently download, or make available, any listings that are not flagged for IDX Display. For example, if a listing in a RETS feed has the 'InternetAddressDisplayYN' field set to 'N', or 'false', that listing will not be available in the API. This is subject to change over time.
SimplyRETS will provide links to the photos for the listings available in the API. If your RETS provider requires photos to be downloaded, SimplyRETS will download and host the photos on a CDN. In areas with large amounts of data, it can take longer to make all of the data available via the API. SimplyRETS may activate your account before all photos, or other listing data, are available in the API. In these situations, the data will continue to be downloaded and made available over time.
All licensing, rules, and regulations regarding usage of the RETS data are enforced solely by your RETS provider. SimplyRETS does not enforce any additional rules, regulations, or licensing regarding your usage of the data. As such, it is the account holders responsibility to meet all RETS Providers requirements (eg, display requirements) and SimplyRETS is not responsible for any failure on the account holders part to meet these rules, regulations or usage requirements.