Service Level Agreement (SLA)

Last updated on 19 December, 2024.

Welcome to Certainly! This agreement explains what you can expect from us when using our AI Agent service (SaaS Platform).

Service Availability

• We aim to keep our service running 95% of the time each month. • Planned Maintenance: Sometimes, we need to make updates. We’ll notify you at least 48 hours in advance, and it won’t exceed 8 hours a month. • Exceptions: There are things we can’t control, such as natural disasters, internet issues outside our network, or misuse of our service. These won’t count against uptime. Our uptime performance and service availability are published on our Status Page, which can be accessed at certainly.statuspage.io

Support and Response Time

We’re here to help! If something goes wrong, here’s how quickly you’ll hear from us:

Severity Level: Critical

Complete service outage affecting all users. Initial Response Time: Within 8 business hours

Severity Level: High

Complete service outage affecting all users. Initial Response Time: Within 16 business hours

Severity Level: Medium

Partial loss of functionality or minor issues. Initial Response Time: Within 3 business days

Severity Level: Low

General inquiries or cosmetic issues. Initial Response Time: Within 5 business days For clients in different time zones, response times will be aligned to the Supplier’s working hours. Business hours apply to the Client's nearest regional office:

Europe: CET (08:00 - 18:00)
Australia: AEST (adjusted for overlap; 15:00 - 18:00 AEST)
US East Coast: EST (adjusted for overlap; 08:00 - 12:00 EST)
US Central Time: CST (adjusted for overlap; 07:00 - 11:00 CST)
US West Coast: PST (adjusted for overlap; 06:00 - 10:00 PST)

N.B Resolution times are not guaranteed but will be pursued in good faith based on the complexity of the issue. While we’ll work hard to resolve issues quickly, how long it takes can depend on the complexity.

Limitations of Liability

1. Third-Party Dependencies

Our service relies on third-party providers, including but not limited to OpenAI, cloud hosting providers, and other external services. While we make commercially reasonable efforts to ensure the reliability of these providers, we cannot guarantee their performance or availability.

2. Excluded Events

The following are outside of our control and therefore excluded from our liability:

Outages or degraded performance caused by any third-party services such as OpenAI or cloud infrastructure providers.
Changes made by third-party providers that impact our service (e.g., API changes, deprecations, or price changes).
Internet connectivity issues or other network failures beyond our control.

3. Limitation of Remedies

If our service fails to meet the agreed service levels due to issues stemming from third-party providers, we will work in good faith to mitigate the impact. However, service credits or other remedies will not apply in such cases.

4. Aggregate Liability Cap

To the maximum extent permitted by law, our total liability for any claim, whether in contract, tort, or otherwise, arising out of or in connection with this Agreement shall be limited to an amount equal to 5% of the monthly subscription fee paid by the Client for the affected period.

5. Exclusion of Indirect Damages

In no event shall we be liable for indirect, incidental, special, or consequential damages, including loss of revenue, profits, or data, arising from reliance on thirdparty services.

Our Commitment to You

If we fall short on service levels, you can request a credit worth 5% of your monthly fee for the affected period.
Credits don’t apply if the problem was caused by exceptions (like internet outages not under our control).

Other information

We may update this SLA with 30 days’ notice. Using our service after updates means you agree to the new terms. The SLA governing this service is available at www.certainly.io/sla and constitutes part of this Agreement. The SLA is subject to updates as outlined in its terms.

This agreement is governed by the laws of Denmark.
By using our services, you agree to these terms
General notifications regarding incidents and maintenance windows: https://support.certainly.io/knowledge/service-notifications

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