Service Level Agreement
This Synap Service Level Agreement ("SLA") accompanies the Synap Subscription Terms of Service, available at https://synap.ac/terms or a successor URL (the "Agreement") entered into between you ("Customer") and Synap. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.
Target Availability. Synap will use commercially reasonable efforts to make each Service available with an uptime of 99.8% of each calendar month ("Target Availability").
Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Synap's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance. This SLA does not apply to any services which are considered 'Beta' or 'In Development'.
Scheduled Maintenance. Means Synap's scheduled routine maintenance of the Services for which Synap notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. Scheduled Maintenance is rare - we do not routinely do this as in the vast majority of cases where an update is required, we can perform this on a 'rollover' basis without requiring downtime.
Remedy for Failure to Meet Target Availability. If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within thirty (30) days after the end of the second such month, in which case Synap will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer's sole and exclusive remedy, and Synap's sole and exclusive liability, for failure to meet the Target Availability.
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