Service Level Agreement

Last updated: [Effective date]

This Service Level Agreement (the "SLA") is entered into between [Spexx Technologies legal name], having its registered office at [Registered office address] (GSTIN: [GSTIN], CIN: [CIN]) ("Spexx", "we", "us"), and the customer who has subscribed to a paid or enterprise plan ("Customer", "you"). This SLA forms part of, and is governed by, our Terms of Service. It applies only to paid and enterprise subscriptions and does not apply to free, trial, beta, or evaluation use of the services.

1. Definitions

The following terms have the meanings set out below:

• Services means the Spexx software-as-a-service products to which you subscribe under a paid or enterprise plan.
• Monthly Uptime means the percentage of total minutes in a calendar month during which the Services were available, excluding Excluded Downtime as defined in Section 7.
• Downtime means a period during which the core Services are unavailable to you, as measured by our monitoring systems, other than Excluded Downtime.
• Service Credit means a credit applied against future fees, calculated under Section 6.

2. Uptime target

We will use commercially reasonable efforts to make the Services available with a Monthly Uptime of at least [99.5%], measured per calendar month and excluding scheduled maintenance and the exclusions described in Section 7. Monthly Uptime is calculated as:

Monthly Uptime = ((Total minutes in month − Excluded Downtime − Downtime) ÷ (Total minutes in month − Excluded Downtime)) × 100

3. Scheduled maintenance

From time to time we perform planned maintenance to keep the Services secure and reliable. Time spent in scheduled maintenance does not count as Downtime and is excluded from the uptime calculation.

• Routine maintenance windows are generally scheduled during off-peak hours, between [00:00] and [05:00] IST, on a [weekly] basis where required.
• We will give at least [48 hours] advance notice of any scheduled maintenance expected to cause material disruption, by email or in-product notice.
• We may perform emergency maintenance with shorter or no notice where necessary to address security, stability, or data-integrity risks. We will notify you as soon as reasonably practicable.

4. Support tiers and response times

Support is available during [business hours, 09:00–18:00 IST, Monday to Friday, excluding public holidays], except for P1 incidents, which we respond to on a [24x7] basis for enterprise plans. Response time means the time within which we will acknowledge a properly raised request and begin working on it; it is not a guaranteed resolution time. Severity is assessed in good faith by Spexx.

5. Service credits for missed uptime

If Monthly Uptime falls below the target in Section 2 in a given calendar month, you may claim a Service Credit calculated as a percentage of the monthly fees paid for the affected Services for that month:

Service Credits are applied against future invoices and are not refundable in cash. The total Service Credits issued in any single month will not exceed [25%] of the monthly fees paid for the affected Services for that month. Service Credits are your sole and exclusive remedy for any failure to meet the uptime target, and are available only if your account is in good standing and all fees due have been paid.

6. How to claim a Service Credit

To request a Service Credit, you must submit a claim within [thirty (30) days] after the end of the calendar month in which the missed uptime occurred. Claims must be sent to grievance@spexx.in and include:

• your account name and the affected Services;
• the dates and approximate times of each incident of Downtime; and
• any logs, error messages, or other supporting information reasonably available to you.

We will review each claim in good faith against our monitoring records and respond within [fifteen (15) business days]. Where our records conflict with your claim, our monitoring data will be used to determine eligibility, acting reasonably.

7. Exclusions

The uptime target and Service Credits do not apply to, and the following are excluded from the calculation of Downtime ("Excluded Downtime"), any unavailability caused by:

• scheduled or emergency maintenance described in Section 3;
• force majeure events beyond our reasonable control, including natural disasters, fire, flood, epidemics, civil unrest, government action, labour disputes, and large-scale internet or power failures;
• factors outside our direct control, including your network, devices, internet connectivity, or third-party services not operated by us;
• failures of third-party services we integrate with, such as payment gateways, SMS or email providers, identity providers, hosting, and cloud infrastructure, where the failure originates with that provider;
• your acts or omissions, including misconfiguration, misuse, use of the Services in a manner not permitted under the Terms of Service, unauthorised access resulting from your failure to secure credentials, or exceeding agreed usage or rate limits;
• suspension or termination of your account in accordance with the Terms of Service, including for non-payment; and
• beta, trial, evaluation, or free features, which are provided "as is" without any uptime commitment.

8. Security and data protection

Our handling of personal data in connection with the Services is governed by our Privacy Policy and, where applicable, a Data Processing Addendum, consistent with the Digital Personal Data Protection Act, 2023 (DPDP) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Nothing in this SLA reduces our obligations under those documents or applicable law. Security incidents are handled under our incident response and breach notification processes rather than the Service Credit mechanism in this SLA.

9. Changes to this SLA

We may update this SLA from time to time. Where a change is material and adverse to you, we will provide reasonable prior notice by email or in-product notice. Your continued use of the Services after the effective date of an updated SLA constitutes acceptance of the change. The version in force at the start of a billing month applies to that month.

10. Contact

For questions about this SLA, to report an incident, or to submit a Service Credit claim, contact our Grievance Officer:

This SLA should be read together with our Terms of Service, Privacy Policy, and Data Processing Addendum.