Service Level Agreement

This Service Level Agreement (“SLA”) is a policy governing the use of Cryptlex’s (the “Service Provider”) cloud-based services under the terms of the Cryptlex Terms of Service (the “Terms of Service”) between Cryptlex and users of Cryptlex’s cloud-based services (“Customer”). This SLA applies separately to each account using Cryptlex’s cloud-based services. Unless otherwise provided herein, this SLA is subject to the terms of the Terms of Service. Service Provider and Customer hereby agree as follows:

1. Service Commitment

The Service Provider will use commercially reasonable efforts to achieve a Monthly Uptime Percentage (defined below) of at least 99.9%, in each case during any monthly billing cycle (the “Service Commitment”). In the event the Service Provider does not meet the Service Commitment, the Customer will be eligible to receive a Service Credit as described below. Service Credits are the Customer's exclusive remedy, as set forth in Section 3 below.

2. Definitions

The following terms shall be given the meaning set forth below:

“Downtime” means the time in which a Service Provider cloud-based service is not capable of being accessed or used by the Customer, as monitored by the Service Provider. The Service Commitment applies to the Cryptlex Web API and the web portals.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of 5-minute periods during the monthly billing cycle in which Downtime occurred. Periods are fixed, consecutive 5-minute intervals aligned to UTC clock boundaries, and Downtime is deemed to have occurred in a period only if the applicable service was continuously unavailable for the entire period. A period that overlaps the start or end of a monthly billing cycle is attributed to the billing cycle in which the period begins. Monthly Uptime Percentage is determined separately for each account, based on the service infrastructure serving that account. Monthly Uptime Percentage measurements exclude downtime resulting (directly or indirectly) from any Service Provider's SLA Exclusions defined below.

A “Service Credit” is a credit denominated in USD, calculated as set forth below, that we may credit back to an eligible account.

3. Service Credits

Credits are issued as an account credit if Service Provider does not meet the Service Provider SLA for the monthly billing cycle in which the Downtime occurred. Upon approval of a claim we will provide the applicable remedy set forth below:

For the purpose of the table above, the monthly fee means the fees attributable to the monthly billing cycle in which the Downtime occurred. We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle the Customer to any refund or other payment from Service Provider. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than $1. Service Credits may not be transferred or applied to any other account. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion. Unless otherwise provided in the Terms of Service, the Customer's sole and exclusive remedy for any unavailability, non-performance, or other failures by the Service Provider to provide Service Provider’s cloud-based services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

4. Claim Procedure

To receive a Service Credit, the Customer must submit a claim by sending an email to support@cryptlex.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after the billing cycle in which the incident occurred and must include the following information:

• Customer name, registered email address, and company id.
• The name of the service to which the claim relates.
• Information supporting each claim of Downtime, including date, time, and a description of the incident and affected service, all of which must fall within the billing cycle for which you are submitting a claim.

If we confirm that the Monthly Uptime Percentage for the applicable monthly billing cycle is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

5. Service Provider SLA Exclusions

The following are not counted as Downtime for the purpose of calculating the Monthly Uptime Percentage:

Service unavailability caused by scheduled maintenance of the platform used to provide the applicable service (Service Provider will endeavour to provide seven days advance notice of service-affecting scheduled maintenance).

Service unavailability caused by events outside of the direct control of the Service Provider or its subcontractor(s), including any force majeure event, the failure or unavailability of the Customer’s systems, the Internet, and the failure of any other technology or equipment used to connect to or access the service.

Service unavailability that resulted from any actions or inactions of Customer or any third party (other than the Service Provider’s direct hosting subcontractor).

Service unavailability that resulted from Customer's equipment, software or other technology and/or third-party equipment, software or other technology (other than third-party equipment within our direct control).

Service unavailability or degradation resulting from Customer traffic exceeding published rate limits or documented usage limits.

Service unavailability affecting features or services identified as beta, preview, or experimental.

Service unavailability arising from our suspension and termination of Customer's right to use Service Provider’s cloud-based services in connection with any breach by you of the Terms of Service or otherwise in accordance with the Terms of Service.