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BRAINPACK ENTERPRISE SERVICE LEVEL AGREEMENT (SLA)

Version 1.0
Effective Date: 1st July 2026
Enterprise Customers Only

This Enterprise Service Level Agreement ("SLA") forms part of and is incorporated into the BrainPack Master Terms of Service.

This SLA applies only where expressly referenced in a signed Enterprise Agreement or Order Form.

If no signed agreement references this SLA, this SLA shall not apply.

1. PURPOSE

This SLA establishes:

  • service availability commitments;
  • support commitments;
  • response targets;
  • escalation procedures;
  • service credits;

for qualifying Enterprise Customers.

 

2. DEFINITIONS

"Availability"

The percentage of time during a calendar month that the Production Services are available.

"Downtime"

Periods during which Production Services are unavailable.

"Production Services"

Services designated by BrainPack as production environments.

"Scheduled Maintenance"

Maintenance announced in advance by BrainPack.

"Emergency Maintenance"

Maintenance required to:

  • protect security;
  • prevent outages;
  • mitigate incidents;
  • protect infrastructure.

"Service Credit"

A credit applied to future invoices.

Service Credits shall never be paid in cash.

 

3. SERVICE AVAILABILITY COMMITMENT

BrainPack shall use commercially reasonable efforts to maintain:

Monthly Availability Target

99.5%

calculated on a monthly basis.

 

3.1 Availability Formula

Availability shall be calculated as:

Availability=\frac{Total\ Monthly\ Minutes-Downtime\ Minutes}{Total\ Monthly\ Minutes}\times100

 

4. EXCLUDED DOWNTIME

The following shall not constitute Downtime:

Scheduled Maintenance

Maintenance windows announced by BrainPack.

Emergency Maintenance

Emergency maintenance required to maintain security or stability.

Third-Party Failures

Failures involving:

  • cloud providers;
  • hosting providers;
  • AI providers;
  • telecommunications providers;
  • internet providers.

Customer Causes

Downtime resulting from:

  • Customer systems;
  • Customer integrations;
  • Customer misuse;
  • Customer configuration errors.

Force Majeure

Events described in the Master Terms of Service.

 

5. MAINTENANCE WINDOWS

BrainPack may perform Scheduled Maintenance.

Scheduled Maintenance may occur during periods designated by BrainPack.

BrainPack shall use commercially reasonable efforts to provide advance notice where practical.

No Service Credits shall apply to Scheduled Maintenance.

 

6. SUPPORT SERVICES

Enterprise Customers shall receive support through channels designated by BrainPack.

Support channels may include:

  • email;
  • ticketing systems;
  • customer portals;
  • chat systems;
  • telephone support;
  • dedicated account managers.

Support availability depends upon the purchased Enterprise package.

 

7. INCIDENT PRIORITY LEVELS

Priority 1 (Critical)

Complete outage of Production Services affecting business-critical operations.

Examples:

  • system unavailable;
  • authentication failure affecting all users;
  • data access unavailable.

Priority 2 (High)

Major degradation affecting significant functionality.

Examples:

  • major workflow failure;
  • major integration failure;
  • substantial performance degradation.

 

Priority 3 (Medium)

Partial degradation with workarounds available.

Examples:

  • isolated feature failures;
  • reporting issues;
  • non-critical functionality issues.

 

Priority 4 (Low)

General questions, cosmetic issues, enhancement requests, informational requests.

 

8. TARGET RESPONSE TIMES

BrainPack shall use commercially reasonable efforts to respond within:

Priority

Initial Response Target

P1

2 Hours

P2

8 Hours

P3

1 Business Day

P4

3 Business Days

Response times are targets only and not guarantees.

 

9. TARGET RESOLUTION EFFORTS

BrainPack shall use commercially reasonable efforts to resolve incidents.

Resolution times depend upon:

  • complexity;
  • third-party dependencies;
  • infrastructure providers;
  • AI providers;
  • vendor cooperation.

BrainPack does not guarantee resolution within a specific timeframe unless expressly agreed in writing.

 

10. ESCALATION PROCEDURE

Enterprise Customers may escalate unresolved incidents through designated escalation channels.

Escalations may include:

Level 1

Support Team

Level 2

Senior Technical Team

Level 3

Engineering Management

Level 4

Executive Escalation

BrainPack shall determine escalation procedures in its discretion.

 

11. SECURITY INCIDENTS

Security incidents shall be handled in accordance with:

  • the Master Terms of Service;
  • the Privacy Policy;
  • the DPA;
  • applicable law.

Nothing in this SLA expands BrainPack's liability regarding security incidents.

  

12. DATA BACKUP AND RECOVERY

BrainPack may maintain:

  • backups;
  • redundancy systems;
  • disaster recovery systems.

Backup systems are intended to support operational continuity.

BrainPack does not guarantee recovery of specific data.

 

13. DISASTER RECOVERY

BrainPack shall maintain commercially reasonable disaster recovery procedures.

Specific:

  • Recovery Time Objectives (RTO);
  • Recovery Point Objectives (RPO);

shall apply only where expressly agreed in writing.

 

14. SERVICE CREDITS

Service Credits constitute Customer's sole and exclusive remedy for Availability failures covered by this SLA.

 

14.1 Credit Schedule

Monthly Availability

Service Credit

99.5% or above

No Credit

Below 99.5% to 99.0%

5%

Below 99.0% to 98.0%

10%

Below 98.0%

15%

Credits are calculated against the monthly subscription fee for the affected Services.

 

14.2 Maximum Credit

Total Service Credits for any month shall not exceed:

15% of the monthly subscription fee for the affected Service.

 

14.3 Claim Procedure

To request a Service Credit, Customer must:

(a) submit a written claim;
(b) identify the affected period;
(c) provide reasonable supporting information;
(d) submit the claim within thirty (30) days of the incident.

Failure to submit a timely claim constitutes waiver of the claim.

 

15. LIMITATIONS

This SLA does not apply to:

  • beta features;
  • preview features;
  • trial services;
  • evaluation environments;
  • development environments;
  • sandbox environments;
  • third-party services.

 

16. NO WARRANTIES

Except as expressly stated herein, this SLA does not create warranties.

All other warranties are governed exclusively by the Master Terms of Service.

 

17. EXCLUSIVE REMEDY

Service Credits are Customer's sole and exclusive remedy for Availability failures.

No other damages, refunds, penalties, or compensation shall be available.

 

18. ORDER OF PRECEDENCE

In the event of any conflict, the order of precedence set forth in the BrainPack Master Terms of Service shall apply. Notwithstanding the foregoing, this SLA shall govern solely with respect to service levels, unless expressly modified by an applicable Enterprise Agreement or Order Form.


19. GOVERNING LAW

This SLA shall be governed by the laws of the Republic of Cyprus.

 

20. JURISDICTION

The courts of Cyprus shall have exclusive jurisdiction regarding disputes arising from this SLA.

FINAL ACKNOWLEDGEMENT

Customer acknowledges that:

(a) Service levels are based upon reasonable commercial efforts;
(b) modern cloud, AI, and SaaS systems inherently involve third-party dependencies;
(c) Service Credits constitute the exclusive contractual remedy for covered Availability failures.