Service Level Agreement

Last updated: 07/21/2026

1. Scope

This Service Level Agreement ("SLA") applies to customers on plans that include an uptime commitment (currently Enterprise plans) and forms part of the Exayard Terms of Service or other written agreement between the parties (the "Agreement"). Capitalized terms not defined here have the meanings in the Agreement.

2. Uptime Commitment

We will make the Service available with a Monthly Uptime Percentage of at least 99.9%. "Monthly Uptime Percentage" means the total number of minutes in a calendar month, minus the number of minutes of Downtime in that month, divided by the total number of minutes in that month. "Downtime" means a period of at least five (5) consecutive minutes during which the core Service (signing in, viewing projects, uploading plans, and accessing existing takeoffs and estimates) is unavailable to all of the customer's users, as measured by our monitoring systems.

3. Exclusions

Downtime does not include unavailability caused by:

(a) scheduled maintenance announced at least twenty-four (24) hours in advance, not to exceed eight (8) hours per calendar month;

(b) emergency maintenance reasonably necessary to protect the security or integrity of the Service;

(c) factors outside our reasonable control, including force majeure events, Internet or telecommunications failures outside our network, and failures or degradation of third-party services or AI model providers, provided that degraded AI processing speed alone (with the core Service otherwise available) is not Downtime;

(d) the customer's equipment, software, network, or configuration, or acts or omissions of the customer or its users; or

(e) suspension or termination permitted under the Agreement.

4. Service Credits

If the Monthly Uptime Percentage falls below the commitment in a calendar month, the customer is eligible for a credit against future fees ("Service Credit"), calculated as a percentage of the monthly fees attributable to that month (for annual plans, one-twelfth of the annual fee):

(a) below 99.9% but at or above 99.0%: 10% Service Credit;

(b) below 99.0% but at or above 95.0%: 25% Service Credit;

To receive a Service Credit, the customer must request it by emailing [email protected] within thirty (30) days of the end of the affected month, including the dates and times of the claimed Downtime. Service Credits are applied to future invoices, have no cash value, are not refundable, do not carry over on termination, and may not exceed 50% of the fees for the affected month.

5. Sole and Exclusive Remedy

Service Credits are the customer's sole and exclusive remedy, and our entire liability, for any failure to meet the uptime commitment or any other unavailability, interruption, or degradation of the Service. If the Monthly Uptime Percentage falls below 95.0% in each of three (3) consecutive calendar months, the customer may terminate the affected subscription on written notice and receive a pro-rata refund of prepaid fees for the unused remainder of the term, which is the customer's sole and exclusive remedy for such repeated failures.

6. Changes

We may update this SLA in accordance with the amendment provisions of the Agreement, provided that changes will not materially reduce the service commitment for a subscription during its then-current term.

Contact

Questions about this SLA: [email protected].