Service Level Agreement (SLA) for ChurnKill (a product of Sway Technology, Inc.)

This Service Level Agreement (“SLA”) details the service levels, performance guarantees, data ownership, security practices, and support commitments that ChurnKill (operated by Sway Technology, Inc.) provides to its customers. This SLA is an extension of our SaaS License Agreement and is designed to set clear expectations on the quality, availability, and support of our services.

1. Definitions

“Uptime”: The total time within a month that the Services are available to the Customer, excluding Scheduled Maintenance and Excluded Downtime.

“Scheduled Maintenance”: Planned maintenance activities, communicated to the Customer in advance, that may result in temporary downtime.

“Excluded Downtime”: Downtime due to external factors beyond ChurnKill’s reasonable control, including force majeure events.

“Response Time”: The time between when an issue is reported and when a support engineer begins investigating the issue.

“Resolution Time”: The time between the initiation of investigation and the resolution of the reported issue.

Issue Severity Levels:

• Critical: Total service outage affecting all users.

• High Priority: Severe functionality impairment, impacting essential services.

• Normal Priority: Limited impact on functionality; core services still usable.

• Low Priority: Minor issues or general inquiries.

2. Service Availability

Uptime Commitment: ChurnKill aims to provide 99.5% uptime on a monthly basis, measured as the total time in a month that the Services are operational, excluding Scheduled Maintenance and Excluded Downtime.

Downtime Calculation: Any period during which the Services are not operational and available to the Customer will be recorded as downtime, except during Excluded Downtime and Scheduled Maintenance.

3. Scheduled and Emergency Maintenance

Scheduled Maintenance: Regular maintenance is performed outside peak hours to minimize disruption, typically during weekends or overnight (PST). Customers will receive at least 48 hours’ notice via email and the support portal.

Emergency Maintenance: Emergency maintenance may be conducted as necessary to address critical security or performance issues. While advance notice may not be possible, ChurnKill will make efforts to minimize the impact.

4. Support Services and Coverage

Support Availability: 9 AM to 6 PM PST, Monday through Friday, excluding public holidays.

Support Channels: Customers can reach support via email, phone, or through our support portal.

Response and Resolution Targets:

• Critical: Response within 1 hour; resolution within 24 hours.

• High Priority: Response within 4 hours; resolution within 48 hours.

• Normal Priority: Response within the next business day; resolution within 72 hours.

• Low Priority: Response within two business days; resolution as appropriate.

5. Incident Management and Escalation

Incident Reporting: Customers should report issues via the designated support channels, including timestamps, system configuration, and error messages.

Incident Classification and Escalation: Each incident will be classified by severity. ChurnKill’s support team will escalate issues to internal engineering and management as needed.

Status Updates: Customers will receive updates on incident status and resolution.

6. Data Ownership and Access Rights

Customer Data Ownership: All data uploaded or stored within ChurnKill remains the exclusive property of the Customer.

Data Access: ChurnKill will only access or share Customer Data to provide services, comply with law, or as explicitly agreed.

Data Deletion: Customer Data will be securely deleted following service termination, except where retention is required by law.

7. Service Environment Specifications

Supported Environments: ChurnKill supports [list browsers, OS, etc.]. Customers are responsible for using supported environments.

Non-supported Configurations: Use of unsupported tools or third-party systems may impact service quality.

8. Data Protection and Security Commitments

Data Privacy Compliance: ChurnKill complies with CCPA, GDPR, and other relevant data protection regulations.

Security Measures: Includes encryption, access control, vulnerability scanning, and monitoring.

Encryption: All in-transit data is encrypted using TLS.

Subprocessors: All subprocessors are subject to strict security and confidentiality standards.

9. Penetration Testing, Audits, and Compliance

Annual Penetration Testing: Conducted by third-party firms.

Remediation: Issues are prioritized and patched in a timely manner.

Audit Trails: Logs are maintained for accountability.

Compliance: Customers may request annual summaries.

10. Disaster Recovery and Continuity

Backups: Daily redundant backups maintained.

Recovery Plan: Tested annually.

Continuity: Plans in place to mitigate extended disruptions.

11. Performance Metrics and Reporting

KPIs: Include uptime, response, and resolution times.

Reporting: Monthly reports available upon request.

12. Security Incident Roles

ChurnKill: Will act immediately to contain and remediate issues.

Customer: Must report issues promptly and assist in resolution.

13. Customer Responsibilities

Authorized Use: Only authorized personnel may access.

Credential Management: Customers are responsible for account security.

Cooperation: Required in troubleshooting and resolution.

14. Service Limitations

3rd Party Tools: SLA does not cover issues caused by third-party services.

Force Majeure: Not liable for events outside reasonable control.

15. Service Credits

Eligibility:

• 99.00% to 99.49% uptime = 5% credit

• 95.00% to 98.99% = 10% credit

• <95.00% = 20% credit

Credits capped at 20% of monthly fees.

16. Onboarding / Offboarding

Onboarding: Includes setup and training.

Offboarding: Includes secure data export and deletion.

17. Data Retention

Retained for the duration of service agreement; deleted upon termination per policy.

18. Escalation and Feedback

Escalation: Customer Success Manager → Executive

Feedback: Via support portal or account manager.

19. Termination Rights

Either party may terminate for breach not resolved within 30 days.

Service Credits valid through termination.

20. Governing Law

Delaware law applies. Disputes resolved per SaaS License Agreement.

21. Entire Agreement

This SLA, SaaS License Agreement, and Data Processing Addendum form the complete agreement.

Contact: Sway Technology Inc. (ChurnKill) 2261 Market Street STE 5481 San Francisco, CA 94114 ops@churnkill.io