This Service Level Agreement (“SLA”) forms part of the Silkrun Master Subscription Agreement between Dubsof Limited (“Dubsof”) and Customer (the “Agreement”). Capitalised terms not defined in this SLA have the meanings given to them in the Agreement.
1. Uptime Commitment
During the Service Period of each Order Form, the Services will be available at least 99% of the time in each calendar month (the “Uptime Commitment”).
The “Monthly Uptime Percentage” is the total number of minutes in a calendar month, less the minutes of Downtime in that month, divided by the total number of minutes in that month, multiplied by 100. “Downtime” means a period during which the Services are unavailable to Customer, as reasonably determined by Dubsof from its monitoring systems, excluding any unavailability caused by the matters listed in Section 4 (Exclusions).
2. Service Credits
If Dubsof does not meet the Uptime Commitment in a calendar month, Customer will be eligible for a credit of a percentage of the Fees attributable to that month (a “Service Credit”), as follows:
| Monthly Uptime Percentage | Service Credit |
|---|---|
| 99.0% to 100% | None |
| 95.0% to 98.99% | 10% of the Fees for that month |
| Below 95.0% | 20% of the Fees for that month |
3. Claiming Service Credits
To receive a Service Credit, Customer must notify Dubsof at support@dubsof.com within thirty (30) days after the end of the calendar month in which the Uptime Commitment was not met. The notice must include the dates and times of the Downtime and any other information Dubsof reasonably needs to validate the claim. If Customer does not notify Dubsof within that period, Customer forfeits the Service Credit for that month.
Dubsof will apply each approved Service Credit to Customer’s next invoice. Service Credits have no cash value and are not refundable. Service Credits are Customer’s sole and exclusive remedy for any failure by Dubsof to meet the Uptime Commitment.
4. Exclusions
Downtime does not include any unavailability of the Services caused by:
- scheduled maintenance that Dubsof has announced in advance through the Services, by email or on its status page;
- use of the Services that does not conform to the documentation or the Agreement, including any Prohibited Use;
- Customer’s own systems, networks or internet connection, or any Third Party Products Customer has enabled;
- outages of third-party services on which the Services depend, including cloud hosting providers and AI model providers, and their scheduled maintenance;
- suspension of Customer’s access to the Services in accordance with the Agreement;
- Trial Services or Beta Offerings; or
- any other cause beyond Dubsof’s reasonable control.