Service Level Agreement

This Service Level Agreement (the "SLA") sets out the availability commitment Kontracks makes for the Service and the service credits available to Customers when that commitment is missed. Capitalized terms not defined here have the meanings given in the Terms of Service.

1. Availability commitment

Kontracks will use commercially reasonable efforts to make the Production Service (defined below) available with the following Monthly Uptime Percentage:

2. Definitions

• "Production Service" means the web application (kontracks app at app.kontracks.com), the public API (api.kontracks.com), and the customer-facing public links (proposal e-signature, invoice payment, intake forms). Beta features, the operator console, the marketing website, and Third-Party Services are excluded.
• "Monthly Uptime Percentage" is calculated as (Total Minutes in Calendar Month − Downtime Minutes) ÷ Total Minutes in Calendar Month, rounded to two decimal places.
• "Downtime" means a continuous period of one (1) minute or more during which the Production Service returns a server error rate exceeding ten percent (10%) for HTTP requests against the affected endpoint set, as measured by Kontracks' synthetic monitoring from at least two geographically distinct probes. Brief intermittent error spikes that resolve in under sixty (60) seconds are not Downtime.
• "Service Credit" means a credit applied against Customer's next paid invoice for the Service, as described below.

3. Exclusions

Downtime does not include unavailability caused by:

• Scheduled maintenance for which Kontracks provides at least 48 hours' advance notice through the in-product banner or admin email. We aim to schedule maintenance for off-peak hours (between 02:00 and 05:00 U.S. Eastern Time).
• Emergency maintenance required to address an active security threat or imminent risk of data loss, performed with as much notice as is reasonably possible.
• Force majeure events as defined in the Terms (natural disasters, war, government action, internet backbone outages, cloud-provider region outages, DDoS attacks not contained by our edge protection in a reasonable time).
• Third-Party Service outages beyond our control (e.g., Stripe, Telnyx, QuickBooks Online, Gmail, Microsoft 365, AI providers, Maps providers). Where the Service degrades because a Third-Party Service is unavailable, the relevant portion of the Service is excluded from Downtime for that period, even though the Service may report errors to the user.
• Customer-caused issues including misconfiguration, exhaustion of plan rate limits, exceeding documented quotas, third-party integration credentials Customer must re-authorize, or Customer's failure to apply an update.
• Beta or experimental features identified as such in the in-product UI or Documentation.
• Customer's own network or end-user equipment (ISP, on-premises firewall, browser issues).

4. Service Credits

If the Monthly Uptime Percentage in a calendar month falls below the target above, Customer is eligible for a Service Credit calculated as follows:

For annual or multi-year subscriptions, "monthly fees" means the prorated portion of the prepaid annual fee allocable to the affected calendar month. Service Credits are non-cumulative across months, are not refundable as cash, and may only be redeemed against future subscription fees. Service Credits expire upon termination of the subscription. The maximum aggregate Service Credits in any single calendar month will not exceed fifty percent (50%) of the fees Customer paid for that month.

5. How to claim a Service Credit

To receive a Service Credit, Customer must submit a written request to billing@kontracks.com within thirty (30) days after the end of the calendar month in which the Downtime occurred. The request must include:

1. Customer's account identifier;
2. The dates and approximate times of the Downtime Customer believes occurred;
3. The endpoints or features affected, with any error responses or screenshots Customer captured;
4. A description of the impact to Customer's business.

Kontracks will validate the request against our synthetic monitoring records and respond within fifteen (15) business days. Approved Service Credits will be applied to Customer's next invoice.

6. Sole and exclusive remedy

Service Credits are Customer's sole and exclusive remedy for any failure of the Production Service to meet the availability commitments in this SLA. Service Credits do not waive Kontracks' obligation to fix the underlying issue.

7. Termination right (extreme failure)

If the Monthly Uptime Percentage is below 95.0% for two (2) consecutive calendar months, Customer may terminate the affected subscription for cause, effective on thirty (30) days' written notice, and receive a refund of prepaid, unused fees for the terminated portion of the Subscription Term in addition to any earned Service Credits. This right must be exercised within thirty (30) days after the end of the second affected month or it is waived.

8. Status page & communications

Kontracks publishes incident notices and a real-time service-health dashboard at status.kontracks.com. Customers may subscribe to incident notifications by email or RSS. During an incident, regular updates are provided at least every sixty (60) minutes until the incident is resolved.

9. Changes

Kontracks may update this SLA from time to time. Material changes adversely affecting Customer's rights will be communicated at least thirty (30) days in advance to administrator emails on each account. Continued use of the Service after the effective date constitutes acceptance.

10. Contact

Service-credit requests: billing@kontracks.com
Incident reports: support@kontracks.com