1. Scope
This SLA applies to Customers on the Pro, Agency, and Enterprise plans, for Instances hosted by Sizmic. It does not apply to the Free or Hobby plans, to Instances the Customer runs in its own cloud account (BYOC), or to features labelled beta, preview, or experimental. Terms defined in the Terms of Service have the same meaning here.
2. Definitions
- “Covered Service” — (a) the availability of the Kirak Studio control plane (the console and deployment API), and (b) the ability of a deployed Instance on a Covered plan to receive and respond to network requests.
- “Downtime” — a period during which a Covered Service is not available, as measured by Sizmic’s monitoring, excluding any period covered by Section 5.
- “Monthly Uptime Percentage” — for a calendar month:
(total minutes in the month − Downtime minutes) ÷ total minutes in the month × 100. - “Scheduled Maintenance” — maintenance for which Sizmic gives at least 3 business days’ notice, not exceeding 8 hours in total in any calendar month.
- “Emergency Maintenance” — urgent maintenance to address a security or stability risk, for which Sizmic gives as much notice as is practicable.
- “Service Credit” — a credit calculated under Section 4.
3. Uptime commitment
Sizmic will use commercially reasonable efforts to make each Covered Service available with a Monthly Uptime Percentage of at least 99.9%.
This commitment is about platform availability — whether Studio is up and whether your Instance can serve traffic. It is not a commitment that your application, hooks, or configuration are correct, performant, or free of defects.
4. Service Credits
If the Monthly Uptime Percentage for a Covered Service falls below 99.9% in a calendar month, the Customer is eligible for a Service Credit, calculated as a percentage of the fees paid for that Covered Service for that month:
| Monthly Uptime Percentage | Service Credit |
|---|---|
| Below 99.9% but at or above 99.0% | 10% |
| Below 99.0% but at or above 95.0% | 20% |
| Below 95.0% | 30% |
The total Service Credit for any calendar month will not exceed 30% of the fees paid for the affected Covered Service for that month. Service Credits are applied to a future invoice, have no cash value, and are not refundable.
5. Exclusions
The following are not counted as Downtime:
- Scheduled Maintenance and Emergency Maintenance;
- any event outside Sizmic’s reasonable control, including large-scale internet, DNS, certificate authority, or upstream cloud-provider outages, and force majeure events;
- issues caused by the Customer’s or its Users’ acts or omissions, including the Customer’s code, hooks, custom endpoints, configuration, credentials, or third-party integrations;
- the Customer exceeding the resource limits of its chosen Instance size or plan;
- Instances the Customer runs in its own cloud account (BYOC);
- any suspension or termination in accordance with the Terms of Service or Acceptable Use Policy, including for non-payment;
- denial-of-service attacks and other malicious activity by third parties;
- beta, preview, or experimental features; and
- the Free and Hobby plans.
6. Claiming a Service Credit
To claim a Service Credit, the Customer must email support@kirak.io within 30 days of the end of the affected month, including: the affected Covered Service and Instances; the dates and times of the Downtime; and any request logs or monitoring data the Customer has.
Sizmic will verify the claim against its own monitoring and respond within a reasonable time. No Service Credit is due if the Customer’s account is not in good standing (for example, fees are overdue) or the Customer is in material breach of the Agreement.
7. Sole remedy
Service Credits are the Customer’s sole and exclusive remedy for any failure by Sizmic to meet the uptime commitment in this SLA. This does not limit the Customer’s right under Section 8 or its termination rights under the Terms of Service for a material, uncured breach.
8. Chronic outage
If the Monthly Uptime Percentage for a Covered Service is below 95% for three consecutive calendar months, the Customer may terminate the affected Service on written notice within 30 days after the end of the third month, and Sizmic will refund any prepaid, unused fees for that Service.
9. Changes
Sizmic may update this SLA. Sizmic will give at least 30 days’ notice of any change that materially reduces the uptime commitment or the Service Credits, and such a change will not take effect for a prepaid subscription term until its renewal.
10. Contact
Questions about this SLA: support@kirak.io