Effective from: 7th of May 2025

1. Service Level Commitment

For eligible Platform tools and features (as set out in Appendix A), SkyCiv must provide the following monthly uptime percentage to the Subscriber (the “Service Level Commitment”):

 2. Service Credits

2.1. Eligibility. To be eligible to receive a service credit for SkyCiv’s failure to meet the Service Level Commitment (“Service Credit”), the Subscriber must submit a ticket with the SkyCiv support team specifying the full particulars of the failure to meet the Service Level Commitment within fifteen (15) days after the end of the calendar month in which the alleged failure occurred and provide any other reasonably requested information or documentation. SkyCiv’s monitoring and logging infrastructure is the sole source of truth for determining whether SkyCiv has met the Service Level Commitment.

2.2. Issuance. If SkyCiv confirms a failure to meet the Service Level Commitment, SkyCiv will apply the Service Credit, which will be calculated as described in Appendix B, against a future payment due from the Subscriber for the affected Plan Inclusion, provided that the Subscriber’s account is fully paid up, without any overdue payments or disputes. No refunds or cash value will be given for unused Service Credits. Service Credits may not be transferred or applied to any other SkyCiv account, Plan, service or product. The aggregate maximum Service Credit applied to an invoice will not exceed 100% of the amount invoiced for the affected Plan Inclusion in that invoice billing period (which, since Service Credits are applied to future payments, is not the month in which the affected Plan Inclusion was unavailable).

3. Exclusions

The Subscriber is not entitled to Service Credits if the Subscriber is in breach of the Agreement (as defined below) or has not utilised or initialised the relevant Plan or account. The Service Level Commitment does not include unavailability to the extent due to: (a) the Subscriber’s use of the Platform in a manner not authorized under the Agreement; (b) force majeure events or other factors outside of SkyCiv’s reasonable control, including internet access or related problems; (c) the Subscriber’s equipment, software, network connections or other infrastructure; (d) Subscriber Data or Subscriber Materials (or similar concepts defined in the Agreement); (e) Third-Party Products; or (f) routine scheduled maintenance or reasonable emergency maintenance as notified from time to time in advance by SkyCiv. The Service Level Commitment does not apply to (i) sandbox instances or Free Access Plans (or similar concepts in the Agreement) or (ii) features excluded from the Service Level Commitment in any applicable Documentation.

4. Exclusive Remedies

Service Credits are the Subscriber’s exclusive remedy and SkyCiv’s entire liability for SkyCiv’s failure to meet the Service Level Commitment.

5. Definitions

All capitalised terms used and not defined in this Service Level Agreement have the meanings given to them in the applicable agreement between the Subscriber and SkyCiv referencing this Service Level Agreement (“Agreement”).

“Plan” means the suite of Plan Inclusions denoted by a named tier that is specified in an Order and to which the Subscriber is entitled.

APPENDIX A – Eligible Platform Tools/Features
and Covered Experiences

APPENDIX B – Service Credits

SkyCiv Student + Basic Accounts

SkyCiv Professional + Business Accounts

Calculation

The monthly uptime percentage indicated in the above tables is determined by subtracting from 100% the percentage of Downtime Minutes (as defined below) out of the total minutes in the relevant calendar month. This calculation is done independently for each Platform Tool/Feature. All calendar months are measured in the AEST/AEDT time zone (as applicable).

Example Calculation

• Total minutes in a 30-day calendar month: 43,200
• Downtime Minutes in the same month: 60
• Percentage of Downtime Minutes: 0.138889%
• 100% minus 0.138889% results in a monthly uptime percentage of 99.86%
• Subject to the terms of this Service Level Agreement, in this example, the Subscriber is eligible for Service Credits equivalent to 0% of the monthly fees attributable to the Plan that the affected Eligible Platform Tool/Feature forms part of the Plan Inclusions of for the month in which the failure occurred.

Definitions

“Covered Experiences” are specified for each Eligible Platform Tool/Feature in Appendix A.

“Downtime Minute” occurs when the Error Rate in a given minute is greater than 5%.

“Error Rate” means, over a given 1-minute period, the percentage of the Subscriber’s requests to Covered Experiences resulting in an error out of Subscriber’s total requests to those Covered Experiences. For example, subject to the terms of this Service Level Agreement, where SkyCiv confirms for a given minute that

• all Covered Experiences were completely inoperable or unable to receive the Subscriber’s requests, the Error Rate for that minute is 100%. It counts as a Downtime Minute for the affected Eligible Platform Tool/Feature.
• 10 of 100 requests by the Subscriber to at least one Covered Experience were unsuccessful, the Error Rate for that minute is 10%. It counts as a Downtime Minute for the affected Eligible Platform Tool/Feature.
• 1 of 100 requests by the Subscriber to at least one Covered Experiences were unsuccessful, the Error Rate for that minute is 1%. It does not count as a Downtime Minute for the affected Eligible Platform Tool/Feature.
• The Subscriber attempted no requests to any of the Covered Experiences over a minute, the Error Rate for that minute is 0%. It does not count as a Downtime Minute for the affected Eligible Platform Tool/Feature.