Service Level Agreement

Last Updated on May 30, 2024

This Service Level Agreement (“SLA”) pertains to the Software Services Agreement to which it is attached (the “Agreement”) between Tubular Labs and Customer. All capitalized terms not defined herein shall have the meanings given to them in the Agreement. As used herein, “we” refers to Tubular Labs and “you” refers to Customer.

1. Service Availability
   Our goal is to achieve 99.5% Uptime for the Software Services. For any calendar month during the Term in which we fail to provide this Uptime for any Software Services, we will, upon your written request, issue you a service credit for use against any future subscription fees in an amount equal to 10% of the applicable monthly Software Services subscription fee (which effective monthly fee will be equal to 1/12 of any annual Software Services subscription fee) that you paid for the affected month. For clarity, in no event shall the aggregate service level credit due to you for any month exceed 10%.
   
   “Uptime” is defined as the percentage of a particular month that the applicable Software Services were available for access. However, scheduled maintenance, emergency maintenance and any other exception described below shall not factor into Uptime. The scheduled time for maintenance is 9 p.m. to 3 a.m. PST/PDT and may be used by us with no advance notification to you.
   
   We may expand these scheduled times provided that we notify you at least one day in advance. In addition, in the event that we in our sole discretion determine that any unscheduled (i.e., emergency) maintenance is necessary, we will use commercially reasonable efforts to notify you if commercially practicable to do so.
   
   The rights and remedies granted under this SLA apply to you only if you are a current subscriber of the Software Services. This SLA describes your sole remedy, and our entire obligation, if we fail to satisfy our uptime guarantee.
   
   Exceptions.
   You shall not be entitled to any credits under this SLA in connection with any failure or deficiency of Uptime caused by or associated with:
   
   1. Circumstances beyond our reasonable control, including, without limitation: unavailability of or delay in telecommunications or third-party services; virus attacks or hackers; or failure of power or the internet;
   2. Scheduled maintenance, upgrades and emergency maintenance;
   3. Any Domain Name System (“DNS”) or Domain Registry issues outside of our direct control including DNS and Registry propagation issues and expiration;
   4. Customer’s acts or omissions (or acts or omissions of Authorized Users or others engaged or authorized by Customer), including, without limitation, custom scripting or coding against our API, any negligence, willful misconduct, or use of the Software Services in breach of the Agreement;
   5. Acts or omissions of other customers (or their users or agents) sharing the affected server(s) with you;
   6. Outages elsewhere on the Internet that hinder your access to the Software Services. We will assume responsibility for only those areas of the Internet reasonably considered under our control: our servers’ links to the Internet, our routers, and our servers themselves.
      
2. Technical Support
   We will provide commercially reasonable telephone and/or email assistance for general advice and technical support, as well as technical assistance and remediation for operational issues, consistent with the level of support that Tubular Labs generally offers at no additional charge to users of the Software Services. All support inquiries should be initiated by email to support@tubularlabs.com.