Service Level Agreement and Warranty Disclaimer

DEFINING SERVICE EXPECTATIONS WHILST PROTECTING AGAINST UNFOUNDED WARRANTY CLAIMS

1. INTRODUCTION AND SCOPE

1.1. Purpose and Application

This Service Level Agreement and Warranty Disclaimer (“SLA”) establishes the terms and conditions governing the availability, performance, and reliability of services provided by SpellWare (“we,” “us,” “our,” or “the Company”). This SLA applies to all users of our services, applications, and platforms (collectively, the “Services”).

1.2. Integration with Other Policies

This SLA operates within our comprehensive legal and policy framework, incorporating our Terms of Service, Privacy Policy, Community Code of Conduct, Acceptable Use Policy, and all applicable legal protections by reference.

1.3. Scope of Services Covered

This SLA applies to:

(a) All websites and web applications operated by SpellWare;

(b) Application Programming Interfaces (APIs) and related services;

(c) Community platforms and interactive services;

(d) Support services and documentation platforms;

(e) Any other services explicitly designated as covered by this SLA.

1.4. Definitions

For the purposes of this SLA:

(a) “Availability” means the percentage of time Services are accessible and functional;

(b) “Downtime” means periods when Services are not accessible or functional due to our systems;

(c) “Maintenance Window” means scheduled periods for system maintenance or updates;

(d) “Service Credit” means any remedial measure provided for SLA violations;

(e) “Uptime” means the percentage of time Services are operational and accessible.

2. SERVICE AVAILABILITY COMMITMENTS

2.1. General Availability Targets

We endeavour to maintain the following availability targets for our Services:

(a) Primary Services: 99.5% uptime on a monthly basis, excluding scheduled maintenance;

(b) Community Platforms: 99.0% uptime on a monthly basis, excluding scheduled maintenance;

(c) Documentation Services: 98.0% uptime on a monthly basis, excluding scheduled maintenance.

2.2. Availability Calculation Methodology

Availability percentages are calculated as follows:

(a) Measurement Period: Monthly calendar periods from 00:00 UTC on the first day to 23:59 UTC on the last day;

(b) Exclusions: Scheduled maintenance windows, force majeure events, and user-caused outages;

(c) Monitoring: Continuous automated monitoring from multiple geographic locations;

(d) Verification: All calculations subject to verification through our monitoring systems.

2.3. Scheduled Maintenance

We reserve the right to perform scheduled maintenance with the following provisions:

(a) Notice Period: Minimum 24 hours advance notice for non-emergency maintenance;

(b) Maintenance Windows: Typically scheduled during low-usage periods;

(c) Duration Limits: Routine maintenance limited to 4 hours per month;

(d) Emergency Maintenance: May be performed without advance notice when necessary for security or stability.

2.4. Service Availability Exclusions

The following circumstances are excluded from availability calculations:

(a) Scheduled Maintenance: Planned system updates and maintenance activities;

(b) Force Majeure: Natural disasters, acts of terrorism, government actions, or other events beyond our control;

(c) Third-Party Failures: Outages caused by internet service providers, cloud platforms, or other external dependencies;

(d) User-Caused Issues: Problems resulting from user actions, misconfigurations, or violations of our usage policies;

(e) Denial of Service Attacks: Service disruptions caused by malicious attacks or abuse;

(f) Beta or Experimental Services: Services explicitly designated as beta, experimental, or pre-release.

3. PERFORMANCE STANDARDS

3.1. Response Time Targets

We endeavour to maintain the following response time targets:

(a) Web Application Response: Average page load time under 3 seconds for standard pages;

(b) Database Query Performance: Average database response time under 100 milliseconds;

(c) Static Content Delivery: Average content delivery time under 1 second globally.

3.2. Performance Measurement

Performance metrics are measured using:

(a) Automated Monitoring: Continuous performance monitoring from multiple locations;

(b) Real User Monitoring: Analysis of actual user experience data;

(c) Synthetic Testing: Regular automated testing of key user journeys;

(d) Third-Party Verification: Independent monitoring services where applicable.

3.3. Performance Factors

Performance may be affected by:

(a) Geographic Location: Distance from our servers and content delivery network;

(b) Network Conditions: Internet connectivity quality and bandwidth;

(c) Device Capabilities: Processing power and memory of user devices;

(d) Usage Patterns: High traffic volumes and concurrent user loads;

(e) Content Complexity: Size and complexity of requested resources.

4. WARRANTY DISCLAIMERS

4.1. Reference to Comprehensive Warranty Disclaimers

IMPORTANT: Comprehensive warranty disclaimers, including all general, software, third-party service, and data warranties, are set forth in our Limitation of Liability and Indemnification Policy, which is incorporated herein by reference.

4.2. SLA-Specific Disclaimers

In addition to the comprehensive disclaimers in our Liability Policy, we specifically disclaim any warranties regarding:

(a) Specific Availability Levels: While we endeavour to meet stated availability targets, we do not warrant specific uptime percentages;

(b) Performance Metrics: Target performance levels are goals, not guaranteed service levels;

(c) Service Continuity: We do not warrant uninterrupted service or elimination of all outages;

(d) Remedy Completeness: Service credits and remedies are your sole remedies for service level shortfalls.

5. SERVICE LIMITATIONS AND RESTRICTIONS

5.1. Usage Limitations

Our Services are subject to the following limitations:

(a) Rate Limits: Automated access may be subject to rate limiting;

(b) Resource Limits: Storage, bandwidth, and processing resources may be limited;

(c) Concurrent User Limits: Some services may limit concurrent user connections;

(d) Feature Restrictions: Certain features may be limited or restricted based on usage patterns.

5.2. Geographic and Legal Restrictions

Services may be subject to:

(a) Geographic Limitations: Some services may not be available in all jurisdictions;

(b) Export Control Compliance: Restrictions based on export control and sanctions laws;

(c) Local Law Compliance: Limitations required by applicable local laws and regulations;

(d) Content Restrictions: Geographic restrictions on certain content or features.

5.3. Technical Limitations

Users should be aware of the following technical limitations:

(a) Platform Dependencies: Services may depend on third-party platforms and services;

(b) Browser Compatibility: Web services may not function identically across all browsers;

(c) Device Limitations: Mobile applications may have varying functionality across devices;

(d) Network Requirements: Services may require stable internet connectivity for full functionality.

6. SERVICE LEVEL REMEDIES AND CREDITS

6.1. Service Level Breach Determination

A Service Level breach occurs when:

(a) Monthly availability falls below the stated targets in Section 2.1;

(b) The shortfall is verified through our monitoring systems;

(c) The user has properly reported the issue through appropriate channels;

(d) The breach is not due to excluded circumstances listed in Section 2.4.

6.2. Available Remedies

IMPORTANT: SERVICE CREDITS ARE YOUR SOLE AND EXCLUSIVE REMEDY FOR SERVICE LEVEL BREACHES.

Available remedies for verified Service Level breaches include:

(a) Service Extension: Extension of service periods to compensate for downtime;

(b) Service Credits: Credits applicable to future services (where paid services are involved);

(c) Priority Support: Enhanced support priority for affected users;

(d) Alternative Solutions: Reasonable alternative arrangements where technically feasible.

6.3. Remedy Limitations

Service Level remedies are subject to the following limitations:

(a) Maximum Credits: Total credits shall not exceed 100% of monthly service fees (where applicable);

(b) Request Timeline: Remedy requests must be submitted within 30 days of the alleged breach;

(c) Verification Required: All remedy requests subject to verification through our monitoring data;

(d) Good Faith Usage: Remedies available only to users in good standing with all applicable policies.

6.4. Remedy Request Process

To request Service Level remedies:

(a) Submission: Submit requests to [email protected] with “SLA Remedy Request” in the subject line;

(b) Documentation: Provide detailed information about the service disruption experienced;

(c) Verification: Allow reasonable time for our team to verify the claim against monitoring data;

(d) Resolution: We will respond within 7-10 business days with our determination and any applicable remedies.

7. FORCE MAJEURE AND EXTERNAL FACTORS

7.1. Force Majeure Events

We shall not be liable for service disruptions caused by force majeure events including:

(a) Natural Disasters: Earthquakes, floods, hurricanes, volcanic eruptions, or other natural catastrophes;

(b) Human Actions: Wars, terrorism, civil unrest, labour strikes, or government actions;

(c) Infrastructure Failures: Power grid failures, internet backbone disruptions, or telecommunications outages;

(d) Pandemic Events: Public health emergencies that affect our operations or service delivery.

7.2. Third-Party Dependencies

Our Services rely on various third-party providers, and we cannot guarantee:

(a) Cloud Platform Reliability: Availability of underlying cloud infrastructure providers;

(b) Internet Service Continuity: Stability of internet service providers and network infrastructure;

(c) Payment Processor Availability: Functionality of payment processing services;

(d) Content Delivery Networks: Performance of content distribution services.

7.3. Cyber Security Threats

Service availability may be affected by:

(a) Denial of Service Attacks: Malicious attempts to disrupt service availability;

(b) Security Incidents: Necessary service restrictions to address security vulnerabilities;

(c) Malicious Traffic: Need to block or filter harmful or abusive traffic;

(d) Threat Response: Implementation of security measures that may affect service performance.

8. MONITORING AND REPORTING

8.1. Service Monitoring

We maintain comprehensive service monitoring including:

(a) Automated Monitoring: 24/7 automated monitoring of service availability and performance;

(b) Geographic Distribution: Monitoring from multiple global locations to assess user experience;

(c) Real-Time Alerts: Immediate notification systems for service disruptions;

(d) Performance Metrics: Continuous measurement of response times and system performance.

8.2. Status Communication

Service status information is communicated through:

(a) Status Page: Real-time service status available at designated status page at https://uptime.spellware.dev;

(b) Incident Updates: Regular updates during service disruptions or maintenance;

(c) Social Media: Status updates through official social media channels;

(d) Email Notifications: Direct notifications to users for significant service impacts (where contact information is available).

8.3. Transparency Reports

Heads Up!

The policy or policies in this section are still a work in progress. We have not yet implemented the necessary infrastructure to comply with this section.

We are working very hard to get them in place as soon as possible. If you would like to help, consider applying to join our team!

We publish regular transparency reports including:

(a) Monthly Availability Reports: Summary of availability statistics for each service category;

(b) Performance Summaries: Analysis of performance trends and improvements;

(c) Incident Reviews: Post-incident analysis and improvement measures implemented;

(d) Infrastructure Updates: Information about infrastructure improvements and expansions.

9. USER RESPONSIBILITIES AND OBLIGATIONS

9.1. Proper Usage Requirements

To ensure optimal service performance, users must:

(a) Comply with Usage Policies: Adhere to all applicable usage policies and terms of service;

(b) Use Services Appropriately: Avoid activities that may degrade service performance for other users;

(c) Report Issues Promptly: Notify us of service issues through appropriate channels;

(d) Maintain Account Security: Implement appropriate security measures for account access.

9.2. System Requirements

Users are responsible for:

(a) Compatible Systems: Ensuring their systems meet minimum requirements for service access;

(b) Network Connectivity: Maintaining adequate internet connectivity for service usage;

(c) Software Updates: Keeping browsers and applications updated for optimal compatibility;

(d) Security Software: Managing security software that may interfere with service access.

9.3. Data Management

Users must:

(a) Backup Important Data: Maintain independent backups of critical data;

(b) Verify Data Accuracy: Confirm accuracy of data before relying on it for important decisions;

(c) Understand Data Limitations: Recognise the limitations of automated data processing;

(d) Report Data Issues: Promptly report suspected data corruption or inconsistencies.

10. LIMITATION OF LIABILITY

10.1. Reference to Comprehensive Liability Framework

IMPORTANT: Comprehensive liability limitations, damage exclusions, maximum liability caps, and all related legal protections are set forth in our Limitation of Liability and Indemnification Policy, which is incorporated herein by reference and governs all liability matters related to service level performance.

10.2. SLA-Specific Liability Clarifications

In addition to the comprehensive protections in our Liability Policy:

(a) Service Credits as Sole Remedy: Service credits and remedies specified in this SLA are your sole and exclusive remedies for service level breaches;

(b) No Additional Damages: No additional damages are available beyond the specific remedies outlined in Section 6 of this SLA;

(c) Remedy Limitations: All SLA remedies are subject to the overall liability limitations in our Liability Policy.

11. INDEMNIFICATION

11.1. Reference to Comprehensive Indemnification Framework

IMPORTANT: All indemnification obligations, procedures, scope, and related provisions are set forth in our Limitation of Liability and Indemnification Policy, which is incorporated herein by reference and governs all indemnification matters related to SLA compliance and service usage.

12. DISPUTE RESOLUTION

12.1. Initial Resolution Procedures

Before initiating formal legal proceedings, parties agree to attempt resolution through:

(a) Direct Communication: Good faith discussions between the parties for at least 30 days;

(b) Technical Review: Joint technical review of any service-related disputes;

(c) Escalation Process: Progressive escalation through appropriate management levels;

(d) Documentation: Maintenance of detailed records of resolution attempts.

12.2. Governing Law and Jurisdiction

This SLA shall be governed by:

(a) Applicable Law: The laws of Washington State, United States, without regard to conflict of law principles;

(b) Jurisdiction: Exclusive jurisdiction of federal or state courts located in Washington State;

(c) Consent: You consent to the jurisdiction of such courts and waive any objection to venue;

(d) Enforcement: This SLA may be enforced in any court of competent jurisdiction.

13. MODIFICATIONS AND UPDATES

13.1. Right to Modify

We reserve the right to modify this SLA at any time to:

(a) Reflect Service Changes: Update terms to reflect changes in service offerings or technology;

(b) Legal Compliance: Ensure compliance with applicable laws and regulations;

(c) Business Requirements: Adapt to changing business needs and operational requirements;

(d) User Feedback: Incorporate feedback and lessons learned from service operations.

13.2. Modification Notice

Material changes to this SLA will be communicated through:

(a) Website Posting: Prominent notice on our primary website;

(b) Email Notification: Direct notification to registered users where contact information is available;

(c) Service Notifications: In-application notifications where technically feasible;

(d) Advance Notice: Minimum 30 days advance notice for material changes affecting service levels.

13.3. Acceptance of Modifications

(a) Continued Use: Continued use of Services after modification notice constitutes acceptance;

(b) Opt-Out Right: You may discontinue service usage if you disagree with modifications;

(c) Implementation: Modifications become effective as specified in the notice;

(d) Version Control: Current and historical versions available for reference.

14. CONTACT INFORMATION AND SUPPORT

14.1. SLA-Related Inquiries

For questions about this SLA or service level issues:

Email: [email protected]

Subject Line: SLA Inquiry - [Brief Description]

Response Time: Within 7-10 business days for SLA-related inquiries

14.2. Service Level Remedy Requests

For Service Level remedy requests:

Email: [email protected]

Subject Line: SLA Remedy Request - [Service Name]

Response Time: Within 7-10 business days for remedy determinations

14.3. Technical Support

For general technical support:

Email: [email protected]

Discord Community: https://chat.spellware.dev

Response Time: Within 7-10 business days for technical support requests

14.4. Legal and Compliance Matters

For legal matters related to this SLA:

Email: [email protected]

Subject Line: Legal Matter - SLA

Response Time: Within 7-10 business days for legal inquiries

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This Service Level Agreement and Warranty Disclaimer defines our service commitments whilst protecting against unfounded warranty claims. By using our Services, you acknowledge understanding of these terms and agree to the limitations and obligations described herein. For questions about service levels or to report issues, please contact us at [email protected].