Service Level Agreement

1. Definitions

• "Service" refers to the applicable platform, API, or system covered under an active subscription
• "Downtime" means a period during which the Service is unavailable to the Customer, excluding Exclusions (defined below)
• "Monthly Uptime Percentage" is calculated as:
  (Total Minutes in Month – Downtime) ÷ Total Minutes in Month × 100
• "Service Credit" means a credit applied to future invoices

2. Service Availability Commitment

The Company targets a Monthly Uptime Percentage of:

• 99.5% for standard paid Services
• 99.9% for enterprise-tier Services (where specified)

Availability is measured at the Service boundary (e.g., API endpoint availability or application access).

3. Exclusions

Downtime does not include unavailability resulting from:

• Scheduled maintenance (with reasonable notice where practicable)
• Emergency maintenance
• Customer-side issues (network, configuration, or integrations)
• Third-party service failures outside Company control
• Force majeure events (as defined in the Terms)
• Misuse or violation of the Acceptable Use Policy

4. Scheduled Maintenance

The Company may perform scheduled maintenance to maintain system integrity.

• Maintenance windows will be communicated where feasible
• The Company will use commercially reasonable efforts to minimize impact

5. Incident Severity Levels

Incidents are classified as follows:

6. Support Response Targets

For paid Services:

• Severity 1: Initial response within 4 hours
• Severity 2: Initial response within 8 hours
• Severity 3: Initial response within 1 business day
• Severity 4: Initial response within 2 business days

Response times are targets, not guarantees.

Support is provided during standard business hours unless otherwise specified.

7. Service Credits

If Monthly Uptime Percentage falls below the applicable commitment, the Customer may request Service Credits as follows:

For 99.5% SLA (Standard Tier):

• 99.0% – 99.49% → 5% credit
• 95.0% – 98.99% → 10% credit
• Below 95.0% → 20% credit

For 99.9% SLA (Enterprise Tier):

• 99.0% – 99.89% → 10% credit
• 95.0% – 98.99% → 20% credit
• Below 95.0% → 30% credit

Credits apply only to the affected Service and billing period.

8. Credit Request Process

To receive a Service Credit, the Customer must:

• Submit a request within 30 days of the incident
• Provide sufficient detail to validate the claim
• Include dates, times, and impact description

Requests should be submitted to: support@noirstack.com

Credits are applied to future invoices and are not refundable.

9. Maximum Remedy

Service Credits are the sole and exclusive remedy for failure to meet service levels.

Total Service Credits in any billing period shall not exceed 50% of the fees paid for that period.

10. Customer Responsibilities

The Customer is responsible for:

• Maintaining proper configuration and access
• Using supported integrations and environments
• Monitoring their own systems and usage
• Promptly reporting issues

Failure to meet these responsibilities may affect eligibility for credits.

11. Monitoring and Measurement

Service availability is determined using Company-controlled monitoring systems.

The Company's records shall be the basis for SLA calculations.

12. Modifications to Services

The Company may modify Services, including architecture and infrastructure, provided that such changes do not materially degrade overall service levels.

13. Limitations

This SLA does not guarantee uninterrupted or error-free operation.

All warranties are subject to the disclaimers and limitations set forth in the Terms and Conditions.

14. Governing Law

This SLA is governed by the laws of the Commonwealth of Virginia.

15. Changes to SLA

The Company may update this SLA periodically.

Material changes will be reflected by updating the "Last Updated" date. Continued use of the Services constitutes acceptance.

16. Contact

Support requests and SLA inquiries:

support@noirstack.com

Noir Stack LLC · Commonwealth of Virginia