Last updated: September 17th, 2020
This Service Level Agreement (“SLA“) is a policy governing the use of the Navalapp application (https://navalapp.com) and applies separately to each account.
In the event of a conflict between the terms of this SLA and the terms of our Customer Agreement or other agreement with us governing your use of our Services, the terms and conditions of this SLA apply, but only on the extent of such conflict.
Service level commitment
During the Subscription Term for which we have agreed to provide a relevant use of our service, we will use commercially reasonable efforts to provide a Monthly Uptime Percentage to you of at least 99.9% (“Service Level Commitment”).
The Service Level Commitment does not apply to any unavailability, suspension or termination of Navalapp, or other Navalapp performance issues:
(i) caused by factors outside of our reasonable control, including, without limitation, any force majeure event or Internet access or related problems;
(ii) that result from any voluntary actions or inactions from you or any third party;
(iii) that result from you not following our indications for the use of the service;
(iv) that result in additional recovery time due to hitting service limits;
(v) that result from your equipment, apps, add-ons, software, network connections or other technology and/or third-party equipment, apps, add-ons, software, network connections or other technology (other than the third-party equipment within our direct control);
(vi) that result from your data or your materials;
(vii) that result from routine scheduled maintenance or reasonable emergency maintenance; or
(viii) arising from our suspension and termination of your right to use our service.
No Service Level Commitment is provided for:
- free, trial, evaluation, proof-of-concept, pre-release, preview, experimental, and beta services, or
- features excluded from the Service Level Commitment (in the applicable Documentation).
- The Monthly Uptime Percentage is calculated for the relevant calendar month as the percentage of Requests processed by Navalapp that do not fail with Errors. If you did not make any Requests during an interval of time, that interval is assumed to have a Monthly Uptime Percentage of 100%. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Service Level Commitment Exclusion.
- A Request is a service user-initiated action supported by Navalapp (create, update, save, duplicate, calculate, etc.).
- An Error is any Request that fails due to a Navalapp internal service error.