Service Level Agreement

This Service Level Agreement ("SLA") describes the service level commitments that Brandfuel.ai ("Company," "we," or "us") makes to Customer regarding the availability and support of the Brandfuel.ai web application (the "Service"). This SLA is incorporated into and forms part of the Master Services Agreement between Company and Customer.

1. UPTIME COMMITMENT

1.1 Uptime Guarantee

Company will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage of at least 99.5% during any calendar month (the "Uptime Commitment").

1.2 Definitions

"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 the period of time when the Service is unavailable to Customer. Downtime is measured in one-minute increments. A minute is considered unavailable if all connection attempts by Customer to the Service within that minute fail.

1.3 Exclusions from Downtime

Downtime does not include service unavailability due to:

2. SUPPORT COMMITMENTS

2.1 Support Availability

Company provides technical support during Business Hours, defined as 8:00 AM to 5:00 PM Pacific Time, Monday through Friday, excluding Company-observed holidays.

2.2 Support Response Times

Company will use commercially reasonable efforts to respond to support requests submitted through the designated support channels within the following timeframes:

2.3 Support Channels

Support requests must be submitted through the designated support channels specified in the Service documentation or Customer portal. Response times apply from the time a properly submitted support request is received during Business Hours.

3. SERVICE CREDITS

3.1 Credit Calculation

If Company fails to meet the Uptime Commitment in any calendar month, and if Customer meets its obligations under this SLA, Customer will be eligible to receive a Service Credit as follows:

Service Credits are calculated as a percentage of the total fees paid by Customer for the Service for the month in which the Downtime occurred.

3.2 Credit Request and Payment

To receive a Service Credit, Customer must submit a claim by emailing support@brandfuel.ai within thirty (30) days of the end of the month in which the Uptime Commitment was not met. The claim must include:

Company will evaluate all reasonably submitted claims and issue Service Credits within thirty (30) days of receipt. Service Credits will be applied to Customer's next invoice or, if no future invoices exist, provided as a refund.

3.3 Maximum Credits

The aggregate maximum Service Credits issued to Customer for all Downtime in any calendar month shall not exceed 50% of the fees paid by Customer for that month.

3.4 Sole Remedy

Service Credits are Customer's sole and exclusive remedy, and Company's sole and exclusive liability, for any failure by Company to meet the Uptime Commitment or any other performance obligations under this SLA or the Agreement.

4. GENERAL PROVISIONS

4.1 Monitoring and Measurement

Company will monitor and measure Service availability using its internal monitoring systems. Customer's measurements or monitoring data may be considered but are not dispositive.

4.2 Modifications

Company reserves the right to modify this SLA at any time, with changes becoming effective upon notice to Customer or posting of the revised SLA. Continued use of the Service after such modifications constitutes acceptance of the revised SLA.