Service Level Agreement

This Service Level Agreement (“SLA”) is integrated into and forms a core component of the Subscription Agreement (the “Agreement”) between Fossorial, Inc. (“Fossorial”) and the Customer. This SLA applies to Enterprise-tier Services as identified in an Order Form and remains active throughout the duration of the Subscription Term.

Part I: Platform Availability

1. Uptime Commitment

Fossorial guarantees that the Services will maintain an Actual Availability of at least 99.99% during each calendar month of the Subscription Term (the “Uptime Commitment”). This commitment applies exclusively to Fossorial’s Cloud Enterprise-tier services and does not extend to other product offerings or tiers.

2. Service Credit Eligibility

Should Fossorial fail to meet the Uptime Commitment in a given month, the Customer may be eligible for a Service Credit. To qualify, the Customer must report the shortfall and formally request the credit as outlined in Section 3.

Credits are calculated by multiplying the monthly service fee (X) by the Credit Percentage (Y) based on the table below:

Actual Monthly Availability

Credit Percentage (of monthly fee)

< 99.99% but ≥ 99.5%

10%

< 99.5% but ≥ 99.0%

20%

< 99.0%

30%

3. Claims Process and Limitations

To initiate a credit request, the Customer must email support@pangolin.net within thirty (30) days following the end of the month in which the downtime occurred. Requests must include the Account ID and the specific dates/times of the reported unavailability.

  • Issuance: Approved credits will be applied to the Customer’s account within 30 days.
  • Nature of Credits: Credits are non-refundable, hold no cash value, and apply only to future invoices.
  • Exclusive Remedy: Unless otherwise stated in Section 4, Service Credits are the Customer’s sole remedy and Fossorial’s entire liability regarding uptime failures.

4. Availability Definitions

  • Scheduled Availability: Total minutes the Services are intended to be accessible to Authorized Users.
  • Unscheduled Downtime: Minutes the Services are unavailable, excluding:
  • Acts/omissions by the Customer or their users.
  • Force majeure events or external internet outages.
  • Planned maintenance (notified at least 24 hours in advance via email).
  • Emergency security patching or virus-related mitigation.
  • Actual Availability: Calculated as: Scheduled Availability - Unscheduled Downtime

Part II: Support Services

1. Severity Classifications

  • Level 1 (Urgent): A total system failure or critical defect rendering the platform unusable for all production users.
  • Level 2 (High): Major functional disruption or significant performance lag affecting a large portion of the user base.
  • Level 3 (Normal): A component is not operating as documented, or a general technical inquiry.
  • Level 4 (Low): General information requests or suggestions for new features.

2. Response Time Targets

Fossorial provides tiered support based on the Customer's chosen plan. "Business Hours" are defined as 9:00 AM to 5:00 PM (Local Timezone), Monday through Friday, excluding public holidays.

Severity Level

Bronze Support

Silver Support

Gold Support

1. Urgent

4 Business Hours

2 Hours (24/7/365)

1 Hour (24/7/365)

2. High

8 Business Hours

4 Business Hours

2 Hours (24/7/365)

3. Normal

2 Business Days

2 Business Days

8 Business Hours

4. Low

3 Business Days

2 Business Days

1 Business Day

Allowed Contacts

2 Users

3 Users

4 Users