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SERVICE LEVEL STANDARD
CONTINUITY OF SERVICES
ArmorxAI will provide services available at least 99.99% of the time in any given annual period excluding scheduled maintenance and Listed Exceptions.
EXCEPTIONS AND REMEDIES
Listed Exceptions include: Scheduled maintenance windows, announced 24 hours in advanced, migrations scheduled 1 week in advanced and lasting up to 6 hours, server shutdown due to account suspension, factors outside our control such as Force Majeure events, failure of our upstream providers or Client’s ISP where applicable, software running within your ArmorxAI Cloud Server virtual servers, actions of third parties (such as without limitation, server compromises, denial of service attacks and malicious code), and/or user activity error. Variances to Service Level Standards due to Listed Exceptions are specifically excluded from causing a violation of this SLA and shall not result in the availability of any of the Client remedies described herein or other liability to ArmorxAI. Additionally, ArmorxAI shall have no liability for variances to Service Level Standards that are a result of (i) any actions or inactions of the Client or its representatives; (ii) conditions caused by Client’s Software or its configuration or its failure to update/patch code; (iii) breaches by the Client of any TOS or AUP; (iv) actions taken by ArmorxAI in accordance with remedies to which ArmorxAI is entitled under the TOS or the AUP; or (v) where approved in advance by Client.
ArmorxAI agrees to provide credits of 5% of fees for the then-current month for each hour of downtime, up to 100% of the monthly fees for violation of this SLA.
In order to make a claim based on a variance to a Service Level Standard, Client must notify ArmorxAI in writing within 5 business days of observation of the variance and agree to cooperate with ArmorxAI in its investigation and remediation of the variance. Once a variance is validated, ArmorxAI will use commercially reasonable efforts to compute any credit due Client and apply that amount to the next Invoice. The credits stated herein are the Client’s sole and exclusive remedies in the event of a qualifying variance to the Service Level Standard. In no event shall the total of all credits for one or more variances to the Service Level Standard in a calendar month exceed the total recurring Service Fees for all Services obtained from ArmorxAI for that month. Client shall not be entitled to any credit whatsoever if there is a past due balance of any amount due ArmorxAI or if it is in breach of any Agreement with ArmorxAI.
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