Service Level Agreement

This Service Level Agreement ("SLA") is incorporated into and forms part of the Terms of Service at https://respawn.sh/trust/tos. The limitations of liability in Terms of Service Section 17 apply in full to this SLA. Financial Credits are the sole and exclusive remedy for any failure to meet any commitment in this SLA and are subject to the aggregate cap in Terms of Service Section 17.2. The lower of the two applicable caps governs in all cases.

1. Scope and Applicability

1.1 Covered Plans

This SLA applies only to paid Subscription Plans actively in good standing. The free Subscription Plan receives no uptime commitment, no support response targets, and no credits under this SLA.

1.2 Covered Services

The following components are covered by this SLA where operating on a paid Subscription Plan: the respawn.sh web dashboard and account management interface; the respawn.sh REST API (backup initiation, restore, and management endpoints); and encrypted backup data storage and retrieval.

1.3 Excluded from this SLA

The following are expressly excluded from all commitments, measurements, and remedies under this SLA: the Plugin (client-side software running on user infrastructure); third-party integrations of any kind; backup integrity, backup completeness, or restore outcomes; data loss of any kind and for any reason; free Subscription Plans; Beta Services; features designated "beta," "preview," "early access," "experimental," or any similar designation; support response time targets (which are aspirational only and create no binding obligation); and any component or feature not expressly listed as a Covered Service in Section 1.2.

1.4 SLA Does Not Apply to Beta Services

Beta Services are entirely excluded from this SLA. No uptime commitment, no credit, no support response target, and no remedy of any kind is available under this SLA for any Beta Service, regardless of how long the Beta designation has been applied, regardless of whether the Beta Service has been used in a production environment, and regardless of any other circumstance. See Terms of Service Section 8 for the complete Beta Services disclaimer.

2. Definitions

"Covered Service" means the components listed in Section 1.2.

"Downtime" means a period during which the Covered Service is wholly unavailable to all users globally, due solely and exclusively to a fault within infrastructure directly operated and controlled by us, measured using Our Monitoring exclusively. The following do not constitute Downtime under any circumstances: degraded performance; elevated latency; increased response time; partial unavailability affecting only a subset of users, features, geographic regions, or API endpoints; availability that is impacted to any degree by any Excused Downtime cause listed in Section 4; and any unavailability of less than ten continuous minutes.

"Downtime Period" means a continuous period of Downtime of ten minutes or more. Separate Downtime Periods are counted individually and are never combined or aggregated.

"Emergency Maintenance" means unplanned maintenance initiated by us to address an active or imminent security incident, critical vulnerability, or risk of data loss.

"Excused Downtime" means all periods and causes listed in Section 4, which are excluded from all Downtime calculations and give rise to no credit, remedy, or obligation.

"Financial Credit" means a reduction against future subscription invoices calculated per Section 6. Financial Credits are the sole and exclusive remedy for all SLA failures. They are not redeemable for cash, not transferable, and do not survive account termination.

"Monthly Uptime Percentage" means: (total calendar minutes in the month minus Downtime Period minutes minus all Excused Downtime minutes) divided by (total calendar minutes in the month minus all Excused Downtime minutes), expressed as a percentage. Calculated exclusively using our internal monitoring data.

"Our Monitoring" means our internal monitoring systems, which constitute the sole and conclusive source of truth for all Downtime determinations and Monthly Uptime Percentage calculations under this SLA. Third-party monitoring data, user-reported availability data, and external measurements are not recognized and are not considered in any calculation or determination under this SLA.

"Scheduled Maintenance" means planned maintenance announced at least 48 hours in advance via the status page or email notification to the registered account email address.

"Valid Request" means an API call or dashboard request that is: properly authenticated using valid credentials; correctly formed according to our published API documentation; not the result of user error or client-side fault; and not affected by network conditions outside our direct control.

3. Monthly Uptime Commitment

We commit to a Monthly Uptime Percentage of at least 99.0% for the Covered Service on paid Subscription Plans in good standing ("Monthly Uptime Commitment"). A Monthly Uptime Percentage of 99.0% permits approximately 7 hours and 18 minutes of non-Excused Downtime per calendar month.

Our internal monitoring data is the sole and conclusive measurement source for all uptime calculations. We are not required to accept, recognize, or reconcile against any external monitoring data, user-reported measurements, or third-party availability reports.

4. Excused Downtime

The following periods and causes are fully and completely excluded from all Downtime calculations and the Monthly Uptime Commitment. They do not count toward any failure of the Monthly Uptime Commitment and give rise to no Financial Credit, remedy, or obligation. This list is illustrative and not exhaustive. We reserve the right to designate additional exclusions where necessary for the integrity, security, or continuity of the Service.

4.1 Scheduled Maintenance

Any period of unavailability during a Scheduled Maintenance window. There is no cap on the duration, frequency, or timing of Scheduled Maintenance windows.

4.2 Emergency Maintenance

Any period of unavailability during Emergency Maintenance, which may be initiated at any time without advance notice at our sole discretion.

4.3 Force Majeure

Any event outside our reasonable control including but not limited to: natural disasters, earthquakes, floods, fires, hurricanes, or other acts of God; acts of war, armed conflict, terrorism, civil unrest, or riots; government actions, regulations, restrictions, or embargoes; nuclear incidents; pandemics or public health emergencies; widespread power grid failures; and any other circumstance that could not reasonably have been anticipated, prevented, or mitigated.

4.4 Third-Party and Provider Failures

Any failure, degradation, unavailability, reduced performance, or other issue caused or contributed to by any third-party service, infrastructure provider, upstream dependency, or external system, regardless of the nature or duration of our relationship with that provider and regardless of whether we have a separate SLA with that provider. This exclusion covers without limitation any hosting infrastructure provider, cloud storage provider, CDN or DDoS protection provider, DNS provider or domain registrar, internet exchange point, backbone provider or ISP, payment processor, email delivery provider, SMS delivery provider, database provider, authentication service, and any other upstream dependency of any kind. If any component of the Covered Service is unavailable, degraded, or impaired due in whole or in part to a failure or issue at any such provider, the SLA does not apply and no credit is owed for that period, regardless of the provider's own SLA commitments.

4.5 User-Caused and User-Adjacent Issues

Any unavailability, degradation, or impairment caused or contributed to by: any act or omission of the user or any person acting on the user's behalf; misconfigured Plugin settings or incorrect Plugin installation; invalid, malformed, unauthorized, or excessive API requests; credential compromise or unauthorized use of account credentials or API keys; exceeding plan-level rate limits, storage quotas, or resource limits; user-initiated traffic patterns that degrade performance; or any breach of the Terms of Service or this AUP.

4.6 Beta and Preview Features

Any feature, API endpoint, dashboard component, integration, or other aspect of the Service designated as "beta," "preview," "early access," "experimental," or any similar designation, at any time, regardless of how long such designation has been applied.

4.7 Sub-Threshold Unavailability

Any period of unavailability of less than ten continuous minutes; any period of degraded performance, elevated latency, or reduced throughput that does not meet the full definition of Downtime in Section 2; and any partial unavailability that does not affect all users globally.

4.8 Backup and Restore Outcomes

Any failure, delay, incompleteness, corruption, error, or other issue with any specific backup job, backup snapshot, restore operation, or data recovery attempt. The uptime commitment covers API and dashboard availability only and does not extend to the outcome, completeness, integrity, or recoverability of any backup or restore operation. Backup and restore outcomes are governed solely by the Terms of Service.

4.9 Security Incidents and Protective Measures

Any period of unavailability or degradation resulting from our response to any actual, suspected, or imminent security incident, including but not limited to: traffic blocking or filtering; rate limiting; IP blocking; service isolation; feature disablement; emergency patches; or any other protective or remediation measure taken in our reasonable discretion to protect the Service, user data, or other users.

4.10 Monitoring System Failures

Any period during which our internal monitoring systems are themselves unavailable, unreliable, or producing data that we determine in our reasonable discretion to be inaccurate or incomplete. During any such period, Downtime cannot be verified by Our Monitoring and no Downtime will be recorded.

4.11 Client-Side and Network Issues

Any unavailability or degradation attributable to the user's own device, browser, network connection, internet service provider, or local network infrastructure, including but not limited to: client-side software bugs or conflicts; browser incompatibilities; local network outages; ISP routing issues; corporate firewall or proxy interference; and VPN or proxy service issues.

4.12 Scheduled Capacity Events

Any period during which we have previously announced capacity constraints, maintenance of infrastructure, or planned scaling activities, even where such activities result in intermittent unavailability.

5. Support Response Targets

The following are aspirational response time targets only. They do not constitute contractual commitments. They do not give rise to Financial Credits. They create no binding obligation on the Company. Failure to meet any support response time target is not a breach of this SLA or the Terms of Service and gives rise to no remedy or claim of any kind.

Critical issues (Service wholly unavailable or active data loss in progress) have an aspirational initial response target of 4 hours. High severity issues (core backup or restore functionality impaired) have an aspirational target of 8 business hours. Medium severity issues (non-critical feature degraded with a workaround available) have an aspirational target of 2 business days. Low severity issues (general questions, configuration assistance, or feature requests) have an aspirational target of 5 business days.

Business hours are 09:00 to 18:00 Eastern Time, Monday through Friday, excluding United States public holidays. Severity classification is at our sole discretion. Response time is measured from our receipt of a support request via our official support channel only; requests submitted through unofficial channels do not start any response clock.

6. Financial Credits

6.1 Credit Schedule

If the Monthly Uptime Percentage for a given calendar month falls below 99.0% and you are eligible under Section 7, you may claim a Financial Credit as follows: if the Monthly Uptime Percentage is between 98.0% and less than 99.0%, the credit is 10% of that month's subscription fee; if it is between 95.0% and less than 98.0%, the credit is 25%; if it falls below 95.0%, the credit is 50%.

6.2 Maximum Credit

The maximum total Financial Credit for any single calendar month is 50% of the monthly subscription fee paid for that month. Financial Credits do not accumulate across calendar months and are forfeited if not claimed within the timeframe in Section 7.

6.3 Application

Financial Credits are applied as a reduction against the user's next invoice. They are not redeemable for cash, not transferable to another account, and expire immediately upon account termination or cancellation.

6.4 Sole Remedy

FINANCIAL CREDITS ARE THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY US TO MEET THE MONTHLY UPTIME COMMITMENT OR ANY OTHER COMMITMENT IN THIS SLA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO SLA FAILURE GIVES RISE TO ANY RIGHT OF TERMINATION, REFUND, DAMAGES, INDEMNIFICATION, OR ANY OTHER REMEDY NOT EXPRESSLY STATED IN THIS SLA. OUR TOTAL LIABILITY FOR ALL SLA-RELATED CLAIMS IN ANY CALENDAR MONTH SHALL NOT EXCEED THE MAXIMUM CREDIT AMOUNT IN SECTION 6.2. THE AGGREGATE CAP IN TERMS OF SERVICE SECTION 17.2 APPLIES IN ADDITION; THE LOWER OF THE TWO CAPS GOVERNS IN ALL CASES.

7. Claiming Financial Credits

7.1 Eligibility

To be eligible for a Financial Credit, all of the following must be true at the time of the incident and at the time the request is submitted and determined: you must be a current subscriber to a paid Subscription Plan in good standing; you must not be in breach of the Terms of Service, this AUP, or this SLA; you must not have any outstanding unpaid invoices or disputed charges; the Service Credit Request must be received by us within 14 calendar days of the end of the calendar month in which the alleged failure occurred (requests received after this deadline are ineligible regardless of the reason for the delay); the claimed Downtime must be confirmed by Our Monitoring; and the Downtime must not fall within any Excused Downtime category in Section 4.

7.2 Submission

Service Credit Requests must be submitted in writing to the contact address published on the Main Website with the subject line "SLA Credit Request" and must include: the account email address; the calendar month for which the credit is claimed; a description of the Downtime experienced including approximate UTC start and end times; and any supporting evidence.

7.3 Review

We will review Service Credit Requests within 15 business days of receipt and notify the user of our determination. Our Monitoring data governs all determinations. We may request additional information and may extend the review period by 15 additional business days for complex requests. We are not required to accept any credit request that does not meet all eligibility requirements.

7.4 Finality

Our determination on a Service Credit Request is final and binding, subject only to the dispute resolution provisions of the Terms of Service. Initiating a chargeback or payment dispute in connection with an SLA claim constitutes a waiver of the credit and triggers Section 5.7 of the Terms of Service.

8. Limitation of Liability

8.1 Credits as Sole Remedy

FINANCIAL CREDITS ARE THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY US TO MEET ANY COMMITMENT IN THIS SLA.

8.2 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE UNDER OR IN CONNECTION WITH THIS SLA FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR BUSINESS OPPORTUNITIES, OR COST OF SUBSTITUTE SERVICES, ARISING FROM SERVICE UNAVAILABILITY OR ANY SLA FAILURE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Third-Party Provider Failures

WE ARE NOT LIABLE FOR ANY HARM, LOSS, OR DAMAGE ARISING FROM THE FAILURE, UNAVAILABILITY, DEGRADATION, OR OTHER ISSUE OF ANY THIRD-PARTY PROVIDER OR UPSTREAM DEPENDENCY OF ANY KIND. THIRD-PARTY PROVIDER FAILURES CONSTITUTE EXCUSED DOWNTIME UNDER SECTION 4.4 AND GIVE RISE TO NO CREDIT OR LIABILITY.

8.4 Beta Services

WE HAVE NO LIABILITY WHATSOEVER UNDER THIS SLA FOR ANY BETA SERVICE. THE EXCLUSION OF BETA SERVICES FROM THIS SLA IS ABSOLUTE AND UNCONDITIONAL.

8.5 Aggregate Cap

Our total aggregate liability to any user under or in connection with this SLA, for all claims in any calendar month, shall not exceed the lesser of: (a) the maximum Financial Credit the user is eligible to receive for that month under Section 6.2; or (b) the total fees actually paid by the user for the Service in the relevant calendar month. The aggregate cap in Terms of Service Section 17.2 applies in addition; the lower of the two caps governs in all cases.

8.6 Interaction with Terms of Service

All limitations, exclusions, and disclaimers of liability in the Terms of Service apply in full to this SLA and are incorporated by reference. In any inconsistency between this Section 8 and the Terms of Service, the provision most protective of the Company governs.

9. Infrastructure and Status

The Covered Service depends on third-party infrastructure providers. Failures of any such provider constitute Excused Downtime under Section 4.4 regardless of whether the provider is named here or elsewhere in this SLA. The broad language in Section 4.4 is the operative provision and covers all upstream dependencies without limitation.

Current service status information is available at the status page linked from the Main Website.

10. SLA Modifications

We may modify this SLA at any time by posting a revised version on the Main Website. We may increase or add commitments without notice at any time. We will use reasonable efforts to notify existing paid subscribers of modifications that materially reduce commitments at least 14 days before they take effect. Your continued use of the Service after the 14-day notice period constitutes acceptance of the modified SLA.

If a modification materially and adversely reduces the commitments made to an existing paid subscriber, that subscriber may terminate their subscription within 30 days of notification and receive a pro-rata refund of prepaid fees for the unused portion of their then-current billing period. This pro-rata refund is the sole remedy for an SLA modification. We may increase commitments without notice and without creating any right to compensation for prior periods when the higher commitment was not in effect.

This SLA forms part of the legal framework governing the Service. See also: Terms of Service, Privacy Policy, AUP. Renvo Productions LLC d/b/a respawn.sh.