Service Level Agreement (SLA)

This Cymph Service Level Agreement (“SLA”) forms part of the agreement between Cymph and the customer, governing the use of Cymph’s playbook management platform. Any capitalised terms not defined herein shall have the meanings ascribed to them in the agreement. Cymph may modify this SLA to reflect new features or practices, provided that modifications do not materially reduce Cymph’s obligations during a Subscription Term.

1. Service Availability

Cymph will use commercially reasonable efforts to provide the Service at the availability standard defined below:

• Availability Standard: Uptime availability of the Service at a level of at least 99.5% availability, measured monthly, excluding scheduled maintenance. The Service will be deemed unavailable (“Disruption”) if users cannot access critical features. Exclusions apply for (i) general internet issues, (ii) malfunction of third-party infrastructure, (iii) force majeure events, or (iv) scheduled maintenance.
• Maintenance & Notifications: Updates and outage information will be communicated through in-app notifications and/or via Cymph’s status page.

2. Service Credits

If Cymph fails to meet the Availability Standard in a given month, paying customers may request Service Credits within 30 days of the month’s end. Service Credits will be based on the monthly portion of the annual subscription fee.

• Downtime: If the Cloud Service is not available for 30 (thirty) consecutive minutes or more in one month → Service Credit: 5% of the Monthly Fees
• Downtime: If the Cloud Service is not available for 60 (sixty) consecutive minutes or more in one month → Service Credit: 10% of the Monthly Fees

For Freemium Users:

• Freemium Tier: Users on the freemium plan are not entitled to Service Credits but may receive priority access to customer support or early access to new features as compensation for disruptions.

Note: Service Credits for paying customers will apply to their next billing cycle. Freemium users who upgrade may receive retroactive credits on their first paid cycle.

3. Exclusive Remedy

Service Credits are considered liquidated damages and are not a penalty. Service Credits, or any corresponding compensation, constitute the sole and exclusive remedy for Cymph’s failure to meet the Availability Standard.