API Service Level Agreement

This Cronofy API Service Level Agreement (“SLA”) governs the use of the Cronofy API under the terms of the Cronofy Terms of Service (the “TOS”) between Cronofy Limited and/or Cronofy B.V. (we, us, our, Cronofy) and users of the Cronofy API (“you” or “Customer”).

This SLA applies separately to each account using the Cronofy API, in data centers where users of the Cronofy API have applications that are in production mode.

Unless otherwise provided herein, this SLA is subject to the terms of the Terms of Service and capitalized terms will have the meaning specified in the Terms of Service. Cronofy reserves the right to change the terms of this SLA in accordance with the Terms of Service.

1. Service Commitment #

Cronofy will use commercially reasonable efforts to ensure that Cronofy services are available with a Monthly Uptime Percentage of at least 99.99% during any monthly billing cycle (the “Service Commitment”).

Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

2. Definitions #

2.1 “Unavailable Time” means the Cronofy API is not available for use according to third party performance and monitoring services contracted by Cronofy at its sole discretion (the “Monitoring Service”).

2.2 The Monitoring Service reports of availability is currently available at https://status.cronofy.com; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.

2.3 “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the Cronofy API was in a state of “Unavailable Time” as identified by Monitoring Service

2.4 “Scheduled Maintenance” is maintenance taking place on a Sunday, between 06:00 and 10:00 UTC. When Scheduled Maintenance involves more than 5 minutes of disruption, Cronofy will provide, as a minimum, 10 days notice. If the maintenance period involves disruption of under 5 minutes, Cronofy will provide a minimum of five days notice. All notices will be issued through https://status.cronofy.com

2.5 “Emergency Maintenance” means any time where Cronofy must undertake other urgent maintenance activities. If Emergency Maintenance is required, we will use https://status.cronofy.com to notify customers and provide the expected start time and the planned duration of the Emergency Maintenance.

2.6 A “Service Credit” is a currency based credit, calculated as set forth below, that Cronofy may credit back to an eligible Customer account.

2.7 “Data centers” are geographically distributed locations, from which Cronofy services are provided.

3. Service Credits #

Service Credits are calculated as a percentage of the total charges due on your Cronofy invoice for the monthly billing cycle in which the Unavailability occurred.

Charges are pro-rated, based on the impact to your Application, within the affected data center.

Service Credit shall be issued to Customer’s Cronofy balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.

4. Credit Request and Payment Procedures #

To apply for a Service Credit, the customer must submit a ticket via email to support@cronofy.com within 30 days of the month in which the Unavailable Time occurred. The ticket must include:

(i) “SLA Claim” as the subject of the ticket;

(ii) the dates and times of the Unavailable Time for which you are requesting credit; and

(iii) any applicable information that documents the claimed outage.

5. Exclusions #

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Cronofy API, or any other Cronofy API performance issues, that:

(i) are caused by factors outside of Cronofy’s reasonable control, including, without limitation, any force majeure event, Internet access or related problems beyond the demarcation point of Cronofy or its direct hosting subcontractors (i.e beyond the point in the network where Cronofy maintains access and control over the Cronofy Services);

(ii) result from any actions or inactions of Customer or any third party (other than Cronofy’s direct hosting subcontractor);

(iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Cronofy’s direct control); or

(iv) arise from Cronofy’s suspension and termination of Customer’s right to use the Cronofy Services in accordance with the TOS,

(v) Scheduled Maintenance; or

(vi) problems or issues related to Alpha, Beta, or not otherwise generally available Cronofy features or products (collectively, the “Exclusions”).

6. Sole Remedy #

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.