Service Level Commitments

1. What this document is

These Service Level Commitments state the availability commitment for the Services, the maintenance practices, the disaster-recovery targets, and the service credits available when we miss the commitment. They are incorporated by reference into the Terms of Service and apply to business Customers with a paid subscription, as identified on the Subscription Confirmation. The definition of Downtime in Section 2 and the status page it refers to also apply, for that purpose only and without any credit entitlement, where the Expert and Consultant Services Agreement or the Partner Agreement incorporates these Commitments to extend a Delivery Period or Service Period. Consumer subscriptions are governed by the Consumer Terms of Service and the Refund Policy.

2. Availability commitment

Provider commits to a Monthly Uptime Percentage of at least 99.5% for the production platform, measured per calendar month. Monthly Uptime Percentage means the total minutes in the month, minus Downtime minutes, divided by the total minutes in the month. Downtime means the production platform is unavailable to all of Customer's Authorized Users, as recorded by Provider's monitoring; the current and historical status of the Services is published, from the date the Services launch, at https://status.octicase.com.

Downtime does not include: scheduled maintenance announced under Section 3; emergency maintenance; unavailability caused by Customer's own systems, connectivity or configuration; suspension or termination exercised under the Agreement; force majeure as the Agreement defines it; unavailability of a Beta feature; or unavailability of an AI feature caused solely by a third-party model provider where Provider has engaged its designated failover.

3. Maintenance

Scheduled maintenance is performed outside ordinary business hours (Pacific time) wherever practicable, and is announced at least forty-eight (48) hours in advance on the status page. Emergency maintenance - required to address a security vulnerability or an imminent risk to the Services - may be performed without advance notice, and is disclosed on the status page as soon as practicable afterwards.

4. Service credits

Where the Monthly Uptime Percentage falls below the commitment in Section 2, Customer is eligible for a service credit against the affected subscription fees for that month, on the same bands the Refund Policy states: (1) 5% credit where availability is below the commitment but at least 99.0%; (2) 10% credit where availability is below 99.0% but at least 98.0%; (3) 15% credit where availability is below 98.0%.

To claim a credit, contact support@octicase.com within thirty (30) days of the end of the affected month, identifying the month and the outage. Credits are applied to the next invoice, do not constitute a refund, are not redeemable for cash, and are Customer's sole and exclusive remedy for unavailability of the Services - without limiting the warranty remedy in Section 10.2 of the Agreement, the refunds the Agreement itself requires, or any liability that cannot be limited under applicable law.

5. Disaster recovery

Provider maintains multi-AZ deployment and the backup regime described in the Data Retention and Deletion Policy. Incremental disaster-recovery replication to a second cloud provider is planned and is not in operation. The disaster-recovery targets are those stated in Annex II of the Data Processing Addendum, which is the single source for them: a Recovery Point Objective (RPO) of twenty-four (24) hours, supported by the point-in-time recovery backups and not by the weekly logical backup, which is an archive and not the recovery path; and The disaster-recovery targets are those stated in Annex II of the Data Processing Addendum, which is the single source for them: a Recovery Point Objective (RPO) of twenty-four (24) hours, supported by the point-in-time recovery backups and not by the weekly logical backup, which is an archive and not the recovery path; and a Recovery Time Objective (RTO) of seventy-two (72) hours, which is the objective that applies today because recovery requires a full rebuild of the primary infrastructure. Where the replication described above is placed in operation, the Recovery Time Objective for a recovery that uses the disaster-recovery replica will be five (5) hours, and this document will be revised to say so. Provider will test disaster recovery at least annually; no such test has been performed to date.

6. Changes

A change that weakens the commitment in Section 2, reduces any service credit percentage or moves a credit band so that a credit is harder to earn, or worsens the disaster-recovery targets is a material adverse change under the Agreement, announced at least thirty (30) days in advance; other changes are posted with the document's revision history. Prior versions remain available.

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