Service Level Agreement

This SLA describes the availability commitment for paid production Environments, the methodology used to measure availability, the service credits that may be earned in the event of a covered shortfall, and the support response targets that apply to incidents reported by Customer. It is the financial and operational expression of k-12.cloud’s reliability commitment.

• “Available” means, with respect to a Production Environment in a given minute, that the primary health-check endpoint of that Environment responds with a successful HTTP response (2xx or 3xx) from k-12.cloud monitoring within ten (10) seconds.
• “Downtime” means, with respect to a Production Environment in a given minute, that the Environment is not Available for that minute, excluding minutes covered by Section 9 (Exclusions).
• “Monthly Service Fee” means the recurring subscription fee paid by Customer for the affected Production Environment for the calendar month in which the shortfall occurred. Fees for separate Environments are not aggregated.
• “Monthly Uptime Percentage” means, for a Production Environment in a given calendar month, (i) the total number of minutes in the month minus the number of minutes of Downtime for that Environment in the month, divided by (ii) the total number of minutes in the month, expressed as a percentage.
• “Production Environment” means an Environment provisioned under an active paid subscription, excluding any Trial Environment.
• “Severity Level” has the meaning set forth in Section 7 below.

This SLA applies to Production Environments only. It does not apply to: (a) Trial Environments; (b) Environments while suspended for non-payment, breach of the Agreement, or security reasons; (c) features expressly labeled “preview,” “beta,” “evaluation,” “alpha,” or similar; or (d) any Customer-provided or third-party software deployed inside an Environment (k-12.cloud measures the availability of the Environment’s primary health-check endpoint, not the functional correctness or capacity of Customer’s deployed software).

k-12.cloud will use commercially reasonable efforts to make each Production Environment Available with a Monthly Uptime Percentage of 99.5%in each calendar month (the “Availability Target”). 99.5% monthly availability corresponds to approximately three (3) hours and thirty (30) minutes of permitted Downtime in a 30-day month.

Availability is measured by k-12.cloud’s production monitoring against the Environment’s primary health-check endpoint at intervals not less frequent than once per minute from at least two (2) geographically distributed probe locations. A minute is counted as Downtime only if both probes fail consecutively or if k-12.cloud’s underlying infrastructure provider reports a regional incident affecting the Environment for that minute. Monitoring data and incident records maintained by k-12.cloud are the authoritative source for SLA measurement.

If, in a calendar month, the Monthly Uptime Percentage for a Production Environment is less than the Availability Target, Customer is eligible for a service credit (a “Service Credit”) calculated as a percentage of the Monthly Service Fee for the affected Environment:

Service Credits are issued as a credit toward future invoices for the affected Environment. Service Credits are not transferable between Environments or customers, may not be exchanged for or converted into cash, and expire on the earlier of (i) twelve (12) months after issuance or (ii) termination of the Agreement. The maximum aggregate Service Credits for a Production Environment in any calendar month will not exceed fifty percent (50%) of the Monthly Service Fee for that Environment.

To receive a Service Credit, Customer must submit a written claim to hello@k-12.cloudwith the subject line “SLA Credit Request” within thirty (30) days after the end of the calendar month in which the claimed shortfall occurred. The claim must include: (a) the Environment identifier; (b) the date and time of each affected period, with as much detail as Customer can provide (including Customer-side observations, log excerpts, and incident IDs if available); and (c) a description of the impact. k-12.cloud will validate the claim against its monitoring records and provide a written response (confirming or denying the credit) within fifteen (15) business days. Claims submitted after the thirty-day window or that do not include the required information may be denied.

k-12.cloud provides email-based support to active paid customers at hello@k-12.cloudand through the customer portal. Initial response targets are measured from receipt of a properly classified support request and apply during k-12.cloud’s standard business hours unless a Severity 1 incident is in progress (Severity 1 response is 24x7).

“Business hours” are Monday through Friday, 9:00 a.m. to 6:00 p.m. United States Eastern Time, excluding U.S. federal holidays. k-12.cloud will work in good faith to progress and resolve incidents promptly; the response target is the time to initial human response, not the time to resolution. Severity is assigned by k-12.cloud in consultation with Customer.

Scheduled maintenance.k-12.cloud may perform scheduled maintenance that affects the availability of one or more Production Environments. k-12.cloud will use commercially reasonable efforts to provide at least seven (7) days’ advance notice of scheduled maintenance windows that are expected to result in more than ten (10) consecutive minutes of Downtime, and will schedule such windows outside U.S. public-school weekday business hours where reasonably practicable.

Emergency maintenance. k-12.cloud may perform emergency maintenance without advance notice where necessary to respond to a security threat, comply with applicable law, or address a defect that materially threatens the availability or integrity of the Services. k-12.cloud will provide notice as soon as reasonably practicable.

Downtime that occurs during a scheduled or emergency maintenance window described above is excluded from SLA calculation under Section 9.

The Availability Target and Service Credit obligations do not apply to, and the following minutes are not counted as Downtime:

• scheduled maintenance and emergency maintenance described in Section 8;
• outages or degradation caused by Customer’s acts or omissions, including faulty configuration, exceeded resource limits, failed deployments initiated by Customer, or third-party software deployed inside the Environment by Customer;
• outages or degradation caused by services not under k-12.cloud’s direct operational control, including customer-controlled identity providers, customer-controlled DNS, customer ISPs, the public internet, and integrations initiated by Customer to third-party APIs;
• outages or degradation arising from a force-majeure event (including natural disasters, war, terrorism, civil unrest, labor disputes, large-scale internet failures, denial-of-service attacks above industry norms, or governmental action);
• suspension of the Environment under the Agreement (for example, for non-payment, material breach, or imminent security risk);
• beta, preview, evaluation, alpha, or expressly experimental features; and
• outages that occur during a Trial Environment’s lifecycle.

The Service Credits described in Section 5 are Customer’s sole and exclusive remedy, and k-12.cloud’s sole liability, for any failure to meet the Availability Target, except to the extent that such failure also constitutes a material breach of the Agreement under the termination provisions of the Terms of Service.

k-12.cloud may modify this SLA from time to time. k-12.cloud will not materially decrease the Availability Target or increase the Service Credit thresholds during an active subscription term except (a) as required by law, (b) for documented security reasons, or (c) with at least thirty (30) days’ prior notice and a right for Customer to terminate the affected subscription before the change takes effect and receive a prorated refund of unused, prepaid fees.