Service Level Agreement

This Service Level Agreement ("SLA") describes the service availability commitments and remedies available to customers of 38os ("we," "our," or "us") on paid subscription plans. This SLA is incorporated into and forms part of the Terms of Service between 38os and you ("Customer").

1. Scope

This SLA applies to all customers on paid subscription plans of the 38os platform. Free trial accounts and free-tier users are not covered by this SLA. The commitments outlined in this agreement apply to the core 38os web application and its associated services.

2. Service Availability

We are committed to providing reliable and consistent access to the 38os platform:

• Uptime Target: We target 99.9% monthly uptime for the 38os platform, measured on a calendar month basis.
• Measurement Period: Uptime is calculated on a calendar month basis, from the first day to the last day of each month.
• Exclusions: The following are excluded from uptime calculations:
  • Scheduled maintenance communicated at least 48 hours in advance
  • Force majeure events, including natural disasters, wars, acts of terrorism, and government actions
  • Outages or degradation of third-party services beyond our control (e.g., cloud infrastructure providers, DNS providers, payment processors)
  • Issues caused by the Customer's own systems, network connectivity, or misuse of the Service

3. Definitions

• Uptime: The period during which the 38os platform is accessible and functional for its intended use, meaning users can log in, access their workspaces, and use core features without material degradation.
• Downtime: Any period of five (5) or more consecutive minutes during which the 38os platform is unavailable or materially non-functional for the majority of users. Intermittent connectivity issues lasting fewer than five consecutive minutes are not classified as Downtime.
• Scheduled Maintenance: Planned maintenance, updates, or upgrades to the platform that are communicated to customers at least 48 hours in advance via email, in-app notification, or the status page. Scheduled maintenance windows are excluded from uptime calculations.
• Monthly Uptime Percentage: Calculated as: (Total minutes in the calendar month minus Downtime minutes) divided by total minutes in the calendar month, multiplied by 100.

4. Service Credits

If we fail to meet our uptime commitment, eligible paid-plan customers may request service credits according to the following schedule:

The maximum service credit for any single calendar month shall not exceed 50% of the Customer's monthly subscription fee. Service credits are applied to future billing periods and are not redeemable for cash or refunds.

5. Credit Request Process

To request a service credit, the Customer must:

• Submit a credit request via email to support@38os.com within 30 days of the end of the calendar month in which the downtime occurred.
• Include the dates and times of the downtime incidents, a description of the impact, and your account or workspace identifier.
• We will review the request and respond within 10 business days. If the claim is validated against our monitoring records, the service credit will be applied to the next billing cycle.

Failure to submit a credit request within the 30-day window will result in forfeiture of the right to receive a service credit for that month.

6. Monitoring

We continuously monitor the availability and performance of the 38os platform. Real-time and historical service status information is available on our public status page:

• Status Page: 38os.com/status

Our monitoring systems track uptime, response times, and error rates around the clock. In the event of an incident, we will post updates on the status page and communicate directly with affected customers as appropriate.

7. Support Response Times

We provide tiered support response times based on the severity of the issue:

Response times are measured from the time the support request is received during business hours. Critical severity issues are monitored 24/7. Response time refers to the initial acknowledgment of the issue, not necessarily the time to resolution.

8. Exclusions and Limitations

This SLA does not apply in the following circumstances:

• Features or services explicitly designated as "beta," "preview," or "experimental."
• Downtime resulting from the Customer's failure to follow required configurations, documentation, or supported usage guidelines.
• Issues arising from the Customer's own equipment, software, network connections, or third-party integrations not managed by 38os.
• Service unavailability caused by DNS propagation, domain registration issues, or browser-specific incompatibilities.
• Accounts with outstanding or overdue payments at the time of the downtime incident.

Service credits constitute the Customer's sole and exclusive remedy for any failure by 38os to meet the uptime commitments described in this SLA.

9. Changes to This SLA

We may update this SLA from time to time. Any changes that materially reduce the level of service commitments will not apply until the start of the Customer's next billing cycle following at least 30 days' notice. We will notify customers of material changes via email or in-app notification.

10. Contact Information

If you have questions about this SLA or need to report a service issue, please contact us at:

• Email: support@38os.com
• Status Page: 38os.com/status
• Subject Line: SLA Inquiry