Last Updated April 12, 2021

This Service Level Agreement (“SLA”) is incorporated by reference into and governed by the Company Terms of Service (“Terms”). This SLA governs the use of Company Services, including API Services. This SLA does not apply to trial accounts or Beta Services as defined in the Terms. Note that this SLA limits our liability to you. See Section 4 of this agreement. Capitalized terms that are not defined in this SLA are defined in the Terms, and the Terms take precedence over any conflicting provisions in this SLA.

1. Service Unavailability refers to any outage associated with your access to Company Services reported by you within forty-eight (48) hours of the outage and confirmed at the sole discretion of Company but does not include any outages described in Section 2 below. You will deliver the notice of outage via an email to support@freeclimb.com. A trouble ticket will be generated. Besides monitoring Company Services on a 24/7 basis, Company continuously executes a diagnostics test to determine the availability of Company Services. The results of this test will be utilized for determining the occurrence of Service Unavailability. Any outage not caused by Service Unavailability will be considered as being caused by your application(s), and no service credits will be issued.
2. Service Unavailability does not include outages associated with scheduled maintenance (whether normal or urgent maintenance) events, outages or disruptions caused by you, and failures in your applications, software, network or equipment. No Service Unavailability shall be deemed to have occurred with respect to any unavailability, suspension or termination of Company Services, or any other Company Services performance issues, that (i) are caused by factors outside of Company’s reasonable control, including, without limitation, any force majeure event, carrier-related problems or issues, or internet access or related problems beyond the demarcation point of Company Services (i.e., beyond the point in the network where Company maintains access and control over Company Services); (ii) result from any actions or inactions of you or any third party; (iii) result from applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third-party equipment within Company’s direct control); or (iv) arise from Company’s suspension and termination of your right to use Company Services in accordance with the Terms.
3. Company has targeted Company Services availability of 99.95%. The Service Unavailability time refers to a period during which Company Services is unable to process API requests and the cause of the failure is determined not to be customer hardware, applications, content, carrier network, internet access or the other critical components required for Service Availability. The Service Unavailability maximum time may vary depending on the total number of days in the month. For example, in a typical thirty (30) day month, the Service Unavailability maximum would be twenty-two (22) minutes. If Company exceeds the maximum Service Unavailability time of twenty-two (22) minutes during that particular month, then Company would be liable to provide Customer a 10% service credit based on that Customer’s billing for the month.

4. Your sole and exclusive remedy and Company’s sole liability for Service Unavailability is set forth in this SLA.