SKYXOPS SLA and Support Policy

This SLA and Support Policy forms part of the SKYXOPS Subscription Agreement (the “Terms”) between SKYXOPS CORP. (“SKYXOPS”) and Customer. Where a SKYXOPS Regional Entity is the contracting entity under Section 2.5 of the Terms, references to SKYXOPS in this policy mean that SKYXOPS Regional Entity. Capitalized terms not defined here have the meanings given in the Terms. SKYXOPS may update this policy under Section 20.4 of the Terms, but no update will materially reduce Customer’s protections during a Subscription Term.

1. Scope

1.1 Covered plans. Sections 2 to 5 (the “SLA”) apply to paid subscriptions to the Standard and Enterprise plans. The SLA does not apply to the Free Plan, Pilots or beta features.

1.2 Covered service. The SLA covers the availability of the SKYXOPS web application and the SKYXOPS API, including the endpoint that returns Cost Guardrails results (together, the “Covered Service”).

2. Availability Commitment

2.1 Commitment. SKYXOPS will make the Covered Service available at least 99.5% of the time in each calendar month (the “Availability Commitment”).

2.2 Measurement. Monthly availability is calculated as: (total minutes in the month minus Downtime minutes) divided by total minutes in the month, times 100. SKYXOPS measures availability using automated monitoring at intervals of no more than 5 minutes.

2.3 Downtime. “Downtime” means a period of at least 5 consecutive minutes during which the Covered Service is unavailable to all of Customer’s Authorized Users, or the API returns server errors for all requests, as confirmed by SKYXOPS’s monitoring.

2.4 Exclusions. Downtime does not include unavailability caused by:

a. scheduled maintenance for which SKYXOPS gives at least 48 hours’ notice, up to a total of 8 hours per calendar month;

b. emergency maintenance needed to address a security vulnerability or threat, where SKYXOPS gives as much notice as is practicable;

c. outages or errors of the APIs, billing data feeds or AI model services of the Cloud Providers whose accounts Customer connects to the Service, that SKYXOPS depends on to receive or process data, but not outages of the hosting provider SKYXOPS uses to run the Service;

d. Customer’s systems, networks, delivery pipelines, credentials or configuration, including revoked or incorrect Connected Account permissions;

e. suspension under Section 9 or Section 18.2 of the Terms;

f. force majeure events under Section 22.3 of the Terms; or

g. use of the Service in breach of the Agreement.

3. Service Credits

3.1 Credit amounts. If SKYXOPS does not meet the Availability Commitment in a calendar month, Customer is entitled to a service credit calculated as a percentage of the monthly Fees for the affected subscription. In this Section 3, the monthly Fees are one twelfth of the recurring annual Fees (block charges and platform fee) that SKYXOPS received for the affected subscription, at the annual billing price. They exclude one-time fees, the monthly billing premium, Taxes and, for purchases through a Partner, any amount above what the Partner paid SKYXOPS:

3.2 Maximum. Service credits for any calendar month will not exceed 25% of the monthly Fees for the affected subscription.

3.3 How to claim. Customer must request a service credit by email to support@skyxops.com within 30 days after the end of the month in which the Downtime occurred, with the dates and times of the Downtime. SKYXOPS will confirm or explain its decision within 15 business days.

3.4 Applying credits. SKYXOPS will issue a credit note for each confirmed credit, where the law that applies to its invoices requires one, and will apply confirmed credits to Customer’s next invoice. If no further invoice is due, SKYXOPS will pay the credit to Customer within 30 days. Credits have no cash value otherwise. For purchases through a Partner or AWS Marketplace, SKYXOPS will apply credits through the Partner or as AWS Marketplace permits.

3.5 Sole remedy. Service credits are Customer’s sole and exclusive remedy for failure to meet the Availability Commitment, except for Customer’s termination right in Section 4.

4. Chronic Failure

If monthly availability is below the Availability Commitment in 3 consecutive calendar months, or below 95.0% in any calendar month, Customer may terminate the affected Order Form by written notice within 30 days after the end of that month. SKYXOPS will refund the prepaid Fees for the unused part of the Subscription Term, as provided in Section 13.6 of the Terms. The refund excludes one-time fees and is limited to the amounts SKYXOPS received for the affected Order Form.

5. Cost Guardrails During an Outage

5.1 Customer setting. Customer chooses in its settings how its delivery pipeline behaves if the Cost Guardrails endpoint does not return a result within the configured timeout: either proceed with a warning, or stop the change.

5.2 Default. Unless Customer chooses otherwise, the default setting is to proceed with a warning, so that an outage of the Service does not block Customer’s deployments.

5.3 Responsibility. As stated in Section 5.4 of the Terms, Customer is responsible for this setting and for decisions made in its pipeline.

6. Data Freshness

SKYXOPS aims to reconcile spend data with Cloud Provider billing data daily. Cloud Providers may publish billing data with delays, so data freshness is a target and is not part of the Availability Commitment.

7. Support

7.1 Support channels and hours.

7.2 Severity levels.

7.3 Initial response targets. SKYXOPS will use commercially reasonable efforts to meet these targets for the first response by a support engineer. Response targets are not resolution times, and missing them does not give rise to service credits.

7.4 Customer cooperation. Customer will provide the information SKYXOPS reasonably needs to diagnose an issue, including a description, the time it started, affected accounts and any error messages. SKYXOPS may change the severity of a ticket if it does not match the definitions above, and will tell Customer why.

7.5 Status page. SKYXOPS will publish incidents and scheduled maintenance on its status page at status.skyxops.com.

7.6 Partner support. Where Customer buys through a Partner, the Partner may provide first-line support. SKYXOPS provides technical support to Customer or to the Partner, as agreed with the Partner. SKYXOPS will respond to the Partner’s escalations within the initial response targets in Section 7.3 for Customer’s plan. If the Partner tells SKYXOPS in writing that it provides first-line support for Customer, SKYXOPS will direct Customer’s Severity 3 and Severity 4 requests to the Partner, and will handle Severity 1 and Severity 2 requests directly, copying the Partner.

7.7 Support hours and contacts. All times and days in this policy, including support hours and calendar months, are in US Eastern Time. “Business days” has the meaning given to “business day” in Section 1.24 of the Terms (Monday to Friday, excluding US federal public holidays, in US Eastern Time). Support hours of “24 hours a day, Monday to Friday” run from 00:00 Monday to 24:00 Friday on business days, and “business hours” means the support hours for Customer’s plan. Customers can contact support by email at support@skyxops.com and, on the Standard and Enterprise plans, by phone at +1 (512) 201-8008 (US) or +91 99401 78932 (India and UAE).