Service Level Agreement

This Service Level Agreement (the "SLA") states the availability commitment Zym Labs, LLC makes for the Service, the service credits available if we miss it, and our support response targets. It applies to a customer only where the customer's Order Form states that the SLA applies, as described in the Master Services Agreement. In plain terms:

• We commit to 99.9% monthly uptime for the API and message acceptance.
• If we miss it, you get a credit of 10% of that month's fees.
• Credits are the sole remedy for availability failures.
• Support responds within 1 hour for an outage, around the clock.

"Unavailable" means that our monitoring checks of the Covered Components fail for a continuous period of at least five minutes. "Available" means not Unavailable.

"Covered Components" means (a) the public API endpoints of the Service described in the Documentation, and (b) the message acceptance pipeline, meaning the components that accept messages from your campaigns, workflows, and API calls for delivery through Shared Infrastructure or Customer Infrastructure. The web application, SDKs, third-party integrations, Beta Features, and Third-Party Services are not Covered Components.

"Downtime" means the total minutes in a calendar month during which the Covered Components were Unavailable, excluding the Exclusions in Section 4.

"Monthly Uptime Percentage" means the total minutes in the calendar month, minus Downtime, divided by the total minutes in the calendar month, expressed as a percentage.

"Monthly Fees" means the subscription Fees paid or payable for the affected Service for the calendar month in which the Downtime occurred, calculated as one twelfth of annual Fees where Fees are billed annually, and excluding usage, overage, and Professional Services Fees.

"Business Hours" means 9:00 a.m. to 6:00 p.m. Central Time, Monday through Friday, excluding United States federal holidays. "Business Day" means a day on which Business Hours occur.

Capitalized terms not defined here have the meanings given in the Terms of Service at https://zymlabs.com/legal/terms and the Master Services Agreement.

We will use commercially reasonable efforts to make the Covered Components Available with a Monthly Uptime Percentage of at least 99.9% in each calendar month. If we do not, you are eligible for a Service Credit under Section 5.

Monthly Uptime Percentage is calculated for each calendar month from our monitoring systems, which test the Covered Components at regular intervals. Our monitoring data is the authoritative record, and we will share the relevant data with you on request in connection with a claim. Partial degradation, such as elevated latency or errors affecting a subset of requests, is not Downtime unless it meets the definition of Unavailable. Downtime is measured from the first failed monitoring check to the first successful check.

Downtime does not include unavailability caused by:

• Scheduled maintenance of which we gave at least 48 hours' notice through the Service, the status page, or email, performed at times chosen to minimize impact;
• Emergency maintenance needed to address a security vulnerability or an imminent threat to the Service, provided we give notice as soon as practicable and limit the maintenance to what the situation requires;
• Third-Party Services and Customer Infrastructure, including carriers, mailbox providers, your connected email or SMS provider, and your connected data sources and destinations;
• Your actions or omissions, including misuse of the Service, exceeding rate or usage limits, misconfiguration, or acts of your Account Users or anyone using your credentials;
• Suspension or termination under the Terms, including for non-payment or a breach of Section 5 of the Terms or the AUP;
• Beta Features, or features used outside the Documentation;
• Force majeure as described in the Terms, and internet or network failures outside our control, including denial-of-service attacks that we have used commercially reasonable efforts to mitigate; and

5.1 Amount. If the Monthly Uptime Percentage falls below the commitment in a calendar month, you are eligible for a credit against future Fees (a "Service Credit") equal to 10% of the Monthly Fees for that month. No more than one Service Credit is available for any calendar month.

5.2 Application. Service Credits are applied to the next invoice after the claim is approved. They have no cash value and are not refundable, except that if the Agreement ends before a credit is applied, we will pay the credit in cash within 30 days after the final invoice. Service Credits do not apply to usage, overage, or Professional Services Fees.

5.3 Sole remedy. Service Credits are your sole and exclusive remedy, and our entire liability, for any failure by us to meet the Service Commitment.

6.1 Timing. To receive a Service Credit, you must submit a claim to [email protected] within 30 days after the end of the calendar month in which the Downtime occurred. Claims submitted later are not eligible.

6.2 Content. The claim must include the words "SLA Credit Claim" in the subject line, your account identifier, the dates and times of the Downtime you experienced, and any logs or error messages that document it, with confidential information removed.

6.3 Review. We will review the claim against our monitoring data and respond within 30 days. If we confirm that the Monthly Uptime Percentage fell below the commitment, we will issue the Service Credit. If we disagree, we will explain why and share the relevant monitoring data.

6.4 Good standing. You must be current on all undisputed Fees at the time of the claim and at the time the credit is applied.

7.1 Channels. Support is available by email at [email protected] and through the support features of the Service. To report an outage, email [email protected] with "Severity 1" in the subject line.

7.2 Severity levels and response targets.

7.3 Nature of targets. Response targets measure the time from your report to our first substantive response from a support engineer. They are not resolution times. We will work on Severity 1 issues continuously until the Covered Components are Available and will keep you informed at reasonable intervals. We assign severity in good faith based on the definitions above and may reclassify an issue after investigation, and we will tell you if we do.

7.4 No credits for support. Support response targets are commitments of effort. Missing a response target does not give rise to a Service Credit or other remedy under this SLA.

We maintain a status page that reports the current state of the Covered Components and scheduled maintenance. During a Severity 1 incident we will post updates to the status page at reasonable intervals and on request will provide a summary of the cause and corrective actions after resolution.

We may update this SLA by posting a new version at https://zymlabs.com/legal/sla. For a customer whose Order Form incorporates the SLA, Section 8.1 of the Master Services Agreement determines which version applies.