Legal
Service Level Terms
Availability commitment and service credit regime for the Cloud Platform.
1. Scope
1.1. These Service Level Terms ("SLA") set out the availability commitment and service credit regime for the FullFathom AI Cloud Platform. They are incorporated by reference into the Terms of Service (§8.1, §16.2).
1.2. This SLA applies only to paid subscriptions to the Cloud Platform. It does not apply during the free trial (see Terms §3.4 (Free Trial), and specifically Terms §3.4(e) (SLA)) or to the on-vessel Ship Runtime, which operates offline and does not depend on cloud availability.
2. Definitions
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"Monthly Uptime Percentage" means, for a given calendar month, the total number of minutes in the month minus the number of Downtime Minutes, divided by the total number of minutes in the month, expressed as a percentage.
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"Downtime Minutes" means minutes during which the Cloud Platform is unavailable for the Customer as measured from FullFathom's monitoring. Downtime excludes: scheduled maintenance, force majeure (as defined in the Terms §16), failures caused by the Customer's systems, and periods during which FullFathom has otherwise suspended service under the Terms.
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"Service Credit" means a credit, expressed as a percentage of the monthly fees paid for the affected subscription, applied to the Customer's next invoice.
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"Cloud Platform fees" for a given calendar month means (a) for monthly-paid subscriptions, the Cloud Platform fees invoiced for that month; and (b) for annual-commit subscriptions, one-twelfth (1/12) of the annual Cloud Platform fees.
3. Availability Commitment
3.1. FullFathom shall use commercially reasonable efforts to maintain a Monthly Uptime Percentage of at least ninety-nine point five percent (99.5%) for the Cloud Platform.
3.2. Scheduled maintenance windows are announced at least forty-eight (48) hours in advance, and shall not exceed, in aggregate, ten (10) hours per calendar month, except with the Customer's prior written consent. Scheduled maintenance is not counted toward Downtime Minutes.
3.3. Emergency maintenance. FullFathom may perform emergency maintenance (including zero-day security patching) on shorter notice than §3.2 where commercially reasonable. FullFathom shall notify affected Customers promptly after such maintenance, and emergency maintenance shall not be counted toward Downtime Minutes.
4. Service Credits
4.1. If the Monthly Uptime Percentage falls below the commitment in §3.1 for a given calendar month, the Customer may claim a Service Credit in accordance with the following table:
| Monthly Uptime Percentage | Service Credit |
|---|---|
| 99.0% -- < 99.5% | 10% of that month's Cloud Platform fees |
| 95.0% -- < 99.0% | 25% of that month's Cloud Platform fees |
| Below 95.0% | 50% of that month's Cloud Platform fees |
4.2. Claim Process. To receive a Service Credit, the Customer must submit a written claim to legal@fullfathom.ai within thirty (30) days after the end of the affected month, identifying the dates and times of the Downtime and the basis of the claim.
4.3. Sole Remedy. Service Credits are the Customer's sole and exclusive remedy for any failure by FullFathom to meet the availability commitment in §3.1, subject to the exceptions in the Terms §10.4.
4.4. Credit Cap. The total aggregate Service Credits payable in any calendar month shall not exceed fifty percent (50%) of the Cloud Platform fees paid for that month.
5. Exclusions
5.1. The availability commitment does not apply to unavailability caused by:
- (a) Scheduled maintenance announced in accordance with §3.2;
- (b) Force Majeure Events as defined in the Terms §16;
- (c) The Customer's systems, networks, or equipment;
- (d) The Customer's breach of the Terms, the Acceptable Use Policy (§17.10), or applicable law;
- (e) Third-party services outside FullFathom's reasonable control, only to the extent those third parties have themselves suffered a force-majeure-type event. For the avoidance of doubt, ordinary failures of third-party service providers FullFathom has chosen to engage to deliver the Service (cloud hosting, authentication, document-processing vendors) are NOT excluded under this §5.1(e) -- they count as Downtime;
- (f) The free trial period, as stated in §1.2 of this SLA and §3.4 of the Terms of Service.
6. Changes
6.1. FullFathom may revise this SLA from time to time. Revised service-level terms apply to new subscriptions immediately and to renewals of existing subscriptions with at least ninety (90) days' written notice prior to the start of the next renewal period, in line with Terms §3.3.
Contact
Claims and questions about this SLA: legal@fullfathom.ai
Propel Group International Ltd (trading as FullFathom AI) 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ Company Number: 16943846