LEGAL

Service Level Agreement

Our commitment to service reliability and availability

Last updated: March 20, 2024

UsageGuard will use commercially reasonable efforts to maximize the availability of UsageGuard services, and provides performance standards as detailed below. This Service Level Agreement (“SLA”) applies to all paid UsageGuard subscriptions that have been active for a minimum of 24 hours. We will provide at least 90 days' advance notice for adverse changes to this SLA.

If we do not achieve and maintain the Monthly Uptime Percentages set forth in the table below, then you may be eligible for a Service Credit.

Monthly Uptime PercentageService Credit
< 99.995% but ≥ 99.0%10%
< 99.0%25%

Definitions

As used herein, “month” refers to a calendar month.

“Applicable Monthly Service Fees” means the total fees paid by you for UsageGuard services during the month in which Downtime occurred.

“Downtime” is calculated on a monthly basis and is the total number of minutes during the month that the UsageGuard services were unavailable. A minute is considered unavailable if all of your continuous attempts to access the service within the minute fail. Downtime does not include partial minutes of unavailability or scheduled downtime for maintenance and upgrades.

“Monthly Uptime Percentage” is calculated on a monthly basis as: (Total minutes in month - Downtime) / Total minutes in month x 100

“Service Credit” is the percentage of the Applicable Monthly Service Fees to be credited to you if UsageGuard approves your claim, as set forth in the table above.

Customer Obligations

To be eligible for a Service Credit:

  1. You must log a support ticket with UsageGuard within 24 hours of first becoming aware of an event that impacts service availability.
  2. You must submit your claim and all required information by the end of the month immediately following the month in which the Downtime occurred.
  3. You must include all information necessary for UsageGuard to validate your claim, including: (i) a detailed description of the events resulting in Downtime, including your request logs that document the errors and corroborate your claimed outage; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Downtime at the time of occurrence.
  4. You must reasonably assist UsageGuard in investigating the cause of the Downtime and processing your claim.
  5. You must comply with your applicable UsageGuard service agreement, documentation and any advice from our support team.

Service Credits

We will process claims within 45 days of receipt. If we determine that you have satisfied the customer obligations above and that none of the below limitations apply to your claim, we will grant you a Service Credit.

We will apply any Service Credit to a future invoice or payment for the UsageGuard services. Service Credits are your sole and exclusive remedy under this SLA.

Limitations

Downtime does not include, and you will not be eligible for a Service Credit for, any performance or availability issue that results from:

  1. Factors outside of our reasonable control, such as natural disaster, war, acts of terrorism, riots, government action, or a network or device failure at your site or between your site and UsageGuard services;
  2. Services, hardware, or software provided by a third party;
  3. Use of your password or equipment to access our network;
  4. Your or any third party's (a) improper use or configuration of UsageGuard services, or (b) failure to follow appropriate security practices;
  5. UsageGuard Beta features or services.