Service Level Agreement

1. Availability Commitment

Frekyl will use commercially reasonable efforts to maintain a Monthly Uptime Percentage of 99.9% for covered production Services.

2. Monthly Uptime Percentage

Monthly Uptime Percentage is calculated as:

Only qualifying Unavailable Minutes are included.

3. Unavailable Minutes

“Unavailable Minutes” means minutes during which the core production Services are materially unavailable to substantially all affected Customer users because of a failure within systems under Frekyl’s reasonable control.

The following do not by themselves constitute unavailability:

• individual message delivery failure;
• isolated user issues;
• intermittent latency;
• non-critical degradation;
• unavailable ancillary features;
• third-party system failures;
• Customer configuration issues;
• partial functionality where core Services remain materially usable.

4. Excluded Downtime

The following are excluded from Monthly Uptime Percentage calculations.

4.1 Scheduled Maintenance

Planned maintenance for which Frekyl provides reasonable advance notice where practicable.

4.2 Emergency Maintenance

Maintenance necessary to:

• address a security issue;
• remediate an incident;
• prevent material harm;
• maintain service integrity;
• respond to an urgent infrastructure issue.

4.3 Customer-Caused Events

Issues caused by:

• Customer systems;
• Customer network connectivity;
• unsupported configurations;
• Customer modifications;
• Customer equipment;
• misuse;
• unauthorized activity;
• Customer personnel.

4.4 Third-Party Failures

Events caused by systems outside Frekyl’s reasonable control, including:

• telecommunications carriers;
• SMS networks;
• telephone networks;
• internet providers;
• public cloud-wide outages;
• DNS infrastructure;
• third-party APIs;
• external authentication services.

This exclusion does not apply where Frekyl’s own negligent configuration of the affected service is the primary cause.

4.5 Force Majeure

Events qualifying under the MSA’s Force Majeure section.

4.6 Beta or Preview Services

Features identified as:

• beta;
• preview;
• trial;
• experimental;
• non-production

are excluded unless expressly stated otherwise.

5. Support Channels

Technical support is available through:

support@frekyl.com

and any additional support channels identified in the applicable Order Form.

6. Standard Support Hours

Unless otherwise stated in an Order Form, standard support is provided during Frekyl’s normal business support hours:

Response targets are measured only during applicable support hours unless otherwise expressly stated.

7. Severity Levels

8. Response Targets

Response targets refer to:

• acknowledgment;
• initial assessment; and
• commencement of reasonable investigation.

They are not guaranteed resolution times.

Resolution depends on:

• technical complexity;
• reproducibility;
• third-party dependencies;
• Customer cooperation;
• incident scope;
• required remediation.

9. Severity Reclassification

Frekyl may reasonably reclassify a support ticket if the reported severity does not match the definitions in this SLA.

Frekyl will inform Customer of material reclassification.

Repeated designation of ordinary issues as P1 or P2 does not require Frekyl to treat those incidents as critical if they do not meet applicable criteria.

10. Customer Cooperation

Customer will provide information reasonably necessary to investigate support requests, including where available:

• issue description;
• affected users;
• start time;
• screenshots;
• error messages;
• relevant logs;
• reproduction steps;
• relevant configuration information.

Response and resolution periods may be paused while Frekyl is waiting for information or action reasonably required from Customer.

11. Communications Dependencies

Some Services depend on SMS, voice, IVR, email, internet, cloud, and telecommunications infrastructure.

An individual delayed, filtered, rejected, or undelivered message does not itself constitute platform downtime.

Carrier-level communication failures are excluded to the extent outside Frekyl’s reasonable control.

12. Maintenance

12.1 Scheduled Maintenance

Frekyl may periodically perform maintenance, upgrades, patches, infrastructure changes, and other planned work.

Where reasonably expected to materially affect production availability, Frekyl will use commercially reasonable efforts to provide advance notice.

12.2 Emergency Maintenance

Frekyl may perform emergency maintenance without standard advance notice where reasonably necessary to protect:

• security;
• availability;
• Customer Data;
• platform integrity;
• infrastructure.

Where reasonably practicable, Frekyl will notify Customer as soon as circumstances permit.

13. Monitoring and Measurement

Frekyl’s monitoring systems and operational records will govern measurement of Monthly Uptime Percentage absent manifest error.

Customer may submit reasonable evidence supporting a claimed discrepancy.

The parties will review such evidence in good faith.

14. Service Credits

If Monthly Uptime Percentage falls below 99.9%, eligible Customers may request a service credit as follows:

For annual subscriptions, the applicable monthly recurring fee is calculated as one-twelfth of the annual recurring subscription fee attributable to the affected Service.

15. Service Credit Conditions

To receive a service credit:

• Customer must submit the request to support@frekyl.com within thirty (30) days after the end of the affected calendar month.
• Customer must identify the affected Service and approximate incident period.
• Customer must not be materially past due on undisputed payment obligations.
• The incident must qualify as Unavailable Minutes under this SLA.

Credits:

• apply only to future invoices;
• have no cash value;
• are not refundable;
• cannot exceed 15% of the monthly recurring fee for the affected Service in any calendar month.

16. Exclusive SLA Remedy

Service credits described in this SLA are Customer’s sole and exclusive monetary remedy for failure to meet the 99.9% Monthly Uptime Percentage.

Nothing in this Section prevents Customer from exercising termination rights available under the MSA for a separate uncured material breach.

17. Excluded Support Events

Support commitments do not apply to issues caused by:

• Customer systems;
• unsupported configurations;
• Customer misuse;
• unauthorized modifications;
• failure to follow Documentation;
• third-party services outside Frekyl’s reasonable control;
• force majeure;
• beta or preview features;
• suspended accounts;
• Customer failure to provide required information;
• non-payment where suspension is permitted.

18. Critical Incident Handling

Frekyl may use commercially reasonable efforts to investigate P1 incidents outside standard support hours where personnel are available.

This does not create a contractual 24/7 support obligation unless an Order Form expressly provides for 24/7 support.

19. SLA Claim Limitation

Customer must raise availability disputes within thirty (30) days after the month in which the incident occurred.

Claims raised after that period are waived unless prohibited by applicable law.

20. Relationship to the MSA

This SLA supplements the MSA.

If there is a conflict:

• an Order Form expressly modifying the SLA controls;
• the MSA controls over this SLA except for provisions expressly designated in the Order Form to supersede the MSA.

21. Contact