Service Level Agreement (SLA)

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1. Overview

This Service Level Agreement (“SLA”) outlines the standards, commitments, and responsibilities between Kelvin Zero (“Kelvin Zero”) and its customers (“Customer”) for the delivery and availability of Kelvin Zero Multi-Pass software solution (“Service”). This SLA is incorporated by reference into the Authorized User License Terms.

2. Service Commitment

Kelvin Zero commits to providing a reliable and secure service for its Customers. We guarantee the Service will meet the Availability defined below, except during scheduled maintenance, force majeure events, or exclusions detailed in this SLA.

3. Service Availability

3.1. Uptime Commitment

Kelvin Zero guarantees 99.9% uptime per calendar month, calculated as follows:

Availability = ( (1 – Downtime) / Total Minutes in Month) x 100

(“Downtime”) means the total minutes the Service is unavailable outside scheduled maintenance.

3.2. Service Credits

If Availability falls below 99.9%, Kelvin Zero will provide Service Credits based on the following thresholds:

Service Credits must be requested as per the terms set forth in section 5 of this SLA and are calculated as a % of the monthly fees applicable to the month during which the Downtime occurred. Service credits are applied to the following invoice.

4. Maintenance

4.1. Scheduled Maintenance

Kelvin Zero schedules maintenance to ensure the reliability and security of the Service. Customers will receive at least 24 hours' notice of any scheduled maintenance. Scheduled maintenance is not considered Downtime.

4.2. Emergency Maintenance

Kelvin Zero reserves the right to perform emergency maintenance when necessary to address critical issues. Notifications will be sent as soon as practicable.

5. Customer Obligations

To be eligible for Service Credits, the Customer must:

1. Ensure compliance with Kelvin Zero's Acceptable Use Policy and Terms of Service.
   
2. Report Service interruptions via Kelvin Zero's support portal (portal.kzero.com) within 15 days of detection.
   
3. Cooperate with Kelvin Zero to resolve issues.
   

6. Exclusions

The SLA does not apply to:

1. Customer misuse, third-party software, or hardware malfunctions.
   
2. Force majeure events, including natural disasters, government actions, or widespread internet disruptions.
   
3. Unavailability due to Customer actions or configurations.
   

7. General Terms

1. Modification: Kelvin Zero reserves the right to update this SLA with 30 days' notice. Continued use of the Service constitutes agreement to the updated SLA.
   
2. Liability: Service Credits are the sole remedy for Service unavailability.
   

Effective Date: 28^th November 2024

Version: 1.0