1. AVAILABILITY COMMITMENT
1.1. Availability Targets. Hacktron will use commercially reasonable efforts to make the Service available in accordance with the following tiered availability targets, measured on a calendar-monthly basis (each, the “Monthly Uptime Target”):
| Monthly Uptime Target | Maximum Monthly Downtime |
|---|---|
| 99.9% | ~43.8 minutes |
1.2. “Monthly Uptime Percentage” means, for a given calendar month, the percentage calculated as:
(Total Minutes in Month – Downtime Minutes) / Total Minutes in Month × 100
1.3. “Downtime” means the total accumulated minutes in a calendar month during which the Service is unavailable for use by Customer, as measured by Hacktron’s internal monitoring systems, excluding Scheduled Maintenance and Excluded Downtime as defined below.
2. MEASUREMENT
Availability is measured from Hacktron’s cloud infrastructure perspective using Hacktron’s internal monitoring tools, which will be the authoritative source for uptime calculations. Hacktron’s monitoring data will take precedence over Customer’s internal measurements in the event of any discrepancy.
3. EXCLUSIONS
3.1. Scheduled Maintenance. Hacktron will use commercially reasonable efforts to provide at least forty-eight (48) hours’ advance notice of scheduled maintenance windows. Availability degradation during scheduled maintenance windows will not be counted as Downtime.
3.2. Excluded Downtime. The following circumstances will be excluded from Downtime calculations and will not give rise to SLA Credits:
3.2.1. unavailability caused by factors outside Hacktron’s reasonable control, including Force Majeure Events;
3.2.2. unavailability caused by Customer’s misconfiguration or misuse of the Service, unauthorized use, or failure to follow Hacktron’s Documentation or reasonable instructions;
3.2.3. unavailability attributable to Third-Party Services, Customer’s internet service provider, or other third-party infrastructure or connectivity issues not within Hacktron’s control;
3.2.4. unavailability during any period for which Customer’s account has been suspended pursuant to this Agreement; and
3.2.5. brief periods of degraded performance that do not constitute a complete inability to access the Service’s core functionality.
4. SERVICE LEVEL CREDITS
4.1. Credit Schedule. If the Monthly Uptime Percentage for a given calendar month falls below the Monthly Uptime Target, Customer will be eligible for a service credit calculated as a percentage of the Monthly Subscription Fee for the affected month (“SLA Credit”), as follows:
| Monthly Uptime Percentage Achieved | SLA Credit |
|---|---|
| Below target but ≥ 99.0% | 5% of Monthly Subscription Fee |
| Below 99.0% but ≥ 98.0% | 10% of Monthly Subscription Fee |
| Below 98.0% but ≥ 95.0% | 15% of Monthly Subscription Fee |
| Below 95.0% | 25% of Monthly Subscription Fee |
4.2. Credit Cap. SLA Credits will not exceed twenty-five percent (25%) of the Monthly Subscription Fee for the affected month, regardless of the number or duration of outages occurring during such month.
4.3. Sole Remedy. SLA Credits constitute Customer’s sole and exclusive remedy, and Hacktron’s entire liability, for any failure by Hacktron to meet the availability commitments set forth in this SLA.
4.4. “Monthly Subscription Fee” means one-twelfth (1/12) of the annual subscription Fee payable for the affected Service under the relevant Order Form.
5. CLAIM PROCEDURE
5.1. SLA Credit Requests. To request an SLA Credit, Customer must submit a written request to Hacktron’s support team (or designated SLA claims address) within thirty (30) days following the end of the calendar month in which the alleged unavailability occurred. SLA Credit requests submitted after this deadline will not be accepted.
5.2. Required Information. Each SLA Credit request must include: (a) the date(s) and time(s) of the alleged Downtime; (b) a description of the nature of the unavailability experienced; and (c) any relevant log files, screenshots, or other evidence.
5.3. Hacktron Review. Hacktron will evaluate each timely submitted credit request using its monitoring data and will notify Customer of its determination within thirty (30) days of receipt. Hacktron’s good-faith determination will be final.
5.4. SLA Credit Application. Approved SLA Credits will be applied to Customer’s next invoice following Hacktron’s approval. If no future invoices are expected (e.g., the MSA is expiring), the SLA Credit will be applied to the final invoice. SLA Credits are not refundable as cash and will have no value upon expiration or termination of this Agreement.
5.5. No Stacking. SLA Credits will not be stacked or combined across multiple incidents, Order Forms, or months. Each calendar month is evaluated independently.