Service Level Agreement

This Service Level Agreement (SLA) covers the products, services, and technologies (collectively referred to as the "Product") provided by Upscaler Limited under any ongoing agreement. In the event that this document is translated into any other language, the English version shall be authoritative. Upscaler encourages the Customer to review this online SLA periodically.

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This SLA was last updated on 17 January 2022.

1. Uptime

Upscaler guarantees 99.9% uptime each calendar month, 24 hours a day, 7 days a week ("Service Hours"). Uptime is measured based on the monthly average of availability rounded down to the nearest minute.

Uptime is calculated as follows: (Service Hours – Downtime [as defined in section 2]) / Service Hours * 100%. Uptime is measured using an independent third party service called Pingdom and the results are publically available at Upscaler's Status webpage.

2. Downtime

Downtime is the period of time during which the Product is unavailable to the Customer. The Product is unavailable when it is offline or not operational. Downtime includes urgent maintenance for which less than 24 hours' notice was provided to affected Customers and excludes Scheduled Maintenance, as defined in Section 3 of this SLA.

3. Scheduled Maintenance

Upscaler will be required from time to time to perform maintenance to keep providing the Product(s) ("Scheduled Maintenance") and will use commercially reasonable efforts to:

Announce Scheduled Maintenance at least 5 calendar days in advance; and
Limit interruptions from Scheduled Maintenance where possible.

4. Additional Subscription Days

Should uptime fall below 99.9% in any calendar month, Upscaler will pay damages in the form of additional subscription days ("Additional Subscription Days"), which are equal to the total number of days of the applicable month (the month in which uptime fell below 99.9%), calculated on an hourly basis as applicable.

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To apply for Additional Subscription Days under this SLA, the Customer must submit a written request to support@upscaler.io within 30 calendar days of the end of the applicable month with the subject "SLA Additional Subscription Days". The request must include the dates and times of the Downtime for which Additional Subscription Days are being requested.

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Additional Subscription Days are the sole and exclusive remedy for Upscaler's failure to meet the uptime. Each month, Additional Subscription Days are capped at the total number of days in the applicable month. The Customer cannot claim any Additional Subscription Days if there are outstanding invoices and all Additional Subscription Days expire upon termination or expiration of the Agreement.

5. Response Time and Resolution

In the event that the Customer experiences an issue and notifies Upscaler ("Issue"), Upscaler will undertake commercially reasonable efforts to address the Issue. Neither Upscaler nor its agents make any specific promises about time frames to address Issues. The following target response and target resolution times apply:

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Issue Type	Issue severity	Response Time	Resolution Time
A-Priority Issue	Blocking Issue. Product not available for use or having an average response time over 30 seconds for a period of at least 30 minutes.	Within 4 hours after receiving Issue	Within 4 hours after Issue validation
B-Priority Issue	Critical Issue. Module(s) or Upload, Download, Search, Export, Scheduler, Notifications or other "Significant Functionality" not available.	Within 24 hours after receiving Issue	Within 24 hours after Issue validation
C-Priority Issue	Major Issue. Module(s) or Significant Functionality malfunction, or not available but a workaround is available.	Within 7 calendar days after receiving Issue	Within 2 weeks after Issue validation
D-Priority Issue	Minor Issue. Less important elements of the Product have ceased to respond completely or malfunction.	Within 7 calendar days after receiving Issue	Best effort

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6. Help Desk

If the Customer's question is not resolved via the guidance documents provided within the Upscaler application, Upscaler Support can be contacted by email via support@upscaler.io or through the messaging service from within the Product (English only).

7. Security

Upscaler provides its Product in accordance with IEC/ISO 27001:2013 and has an Information Security Policy, which is available upon request. Further information on Upscaler's security and compliance measures, including a copy of Upscaler's ISO Certificate, is available on Upscaler's Trust webpage.

8. Backups

Upscaler makes full backups of all Customer Data stored in databases on a daily basis. In the unlikely event of damage or outage at Upscaler's data hosting locations, Upscaler will restore Customer Data from the most recent backup. This will be treated as an A-Priority Issue.

9. Software Improvements

Upscaler will make new versions, releases, and updates to the Product available to: (i) solve defects and/or errors, (ii) keep the Product up to date with market developments, or (iii) otherwise improve the Product. Upscaler will only support the most recent version of the Product.

10. Exclusions

Upscaler's failure to attain to the uptime and support efforts set out in this SLA will not be considered as a breach of this SLA, if such failure is caused, directly or indirectly, by:

Scheduled Maintenance;
Upscaler following instructions from Customer or its User(s);
Customer's requested setups, changes and customizations to the Product of which Upscaler has advised the Customer that they may influence the performance or user experience of the Product;
A breach by the Customer or its User(s) of its obligations under the Agreement;
Modifications to the Product not made or authorized by Upscaler in writing;
The Customer preventing or delaying Upscaler from performing maintenance on the Product;
Third Party Products;
User(s) adding, deleting, or assigning improper rights to Users;
Factors outside of Upscaler's reasonable control, including but not limited to, force majeure events, failures of the internet and governmental requirements.

11. Updates to the SLA

Upscaler may revise this SLA from time to time. If the revision, in Upscaler's sole discretion, is material, Upscaler will notify the Customer of such change through email. If the Customer does not wish to be bound by such revision, the Customer must notify Upscaler at support@upscaler.io within 30 calendar days of receiving the updated SLA.