Service Level Agreement

Aperim Pty Ltd (ABN 46150699737; ACN 150699737) is incorporated in New South Wales, Australia and operates the aicial brand. In this Service Level Agreement (“SLA”), “aicial” refers to that brand; “we”, “us” and “our” refer to Aperim Pty Ltd; and “you” refers to the customer using the service this SLA covers.

This SLA sets out the uptime commitment, support response targets and service credits that apply to our planned self-serve software service once it reaches general availability. From that date, this SLA governs it on the same basis as our other published policies, alongside the Terms of Service. This SLA has no application to our current productised services — the Social Performance Audit, the Outcome-Proof Pack and the Benchmark & Strategy Engagement — which we deliver as bespoke fixed-scope or retainer engagements under an order form or statement of work, not as a hosted, uptime-bound product.

This SLA is one of the additional terms referred to in section 4 of the Terms of Service, and forms part of your agreement with us for the service, together with the Terms of Service. If a specific term of this SLA conflicts with the Terms of Service on uptime, support or service credits, this SLA prevails for that matter; the Terms of Service otherwise continues to apply in full.

A service credit under this SLA is different from a refund. Refunds and cancellations for our current productised services are addressed in our Refund & Cancellation Policy, not this SLA.

This SLA covers the hosted self-serve software service (“the service”), once it reaches general availability. It does not cover a beta, preview or early-access release of the service; a beta, preview or early-access release is governed instead by our Beta and Early Access Terms and carries no uptime commitment or service credit under this SLA.

This SLA does not cover an application programming interface we make available. Use of an API is governed instead by our API Terms of Use, which sets out what we do and do not commit to about the API’s availability.

This SLA does not cover a social media platform or other third-party service you connect to or through the service, or your own systems, network or configuration. Section 5 describes other circumstances that do not count as downtime under this SLA.

We target 99.5% uptime for the service each calendar month, calculated as described in section 4. This is a target we design and operate toward, not a guarantee that the service will be uninterrupted, error-free, or available every moment of every month — see the Terms of Service’s warranties and disclaimers section for what we do and do not promise about the service generally.

The service runs on Cloudflare Workers and other Cloudflare infrastructure, which gives us a globally distributed edge network to build on. The uptime commitment in this section is our own commitment to you, built on that infrastructure — it is not a copy, pass-through or guarantee of any service level Cloudflare itself offers us. Your remedy for downtime is the service credit described in this SLA, not a separate claim against us based on Cloudflare’s own commitments to us.

No higher availability commitment applies unless we agree one with you in writing. We review our uptime target as our infrastructure and operational maturity grow, as described in section 10.

“Downtime” means any period, measured in whole minutes, during which the service’s core functionality — meaning your ability to log in and use the service’s primary, advertised features — is unavailable to you, other than a period section 5 describes as excluded from downtime. We calculate your uptime percentage for a calendar month by dividing the total minutes in that month, less any downtime minutes, by the total minutes in that month, and expressing the result as a percentage.

We measure downtime using our own monitoring systems’ records. If you believe those records are materially inaccurate, tell us at legal@aicial.com with the dates, times and nature of the unavailability you experienced; we will investigate and correct the calculation where you provide reasonable corroborating evidence, such as your own logs or error messages.

The following do not count as downtime under this SLA:

• scheduled maintenance we announce at least 48 hours in advance, which we schedule outside the business hours described in section 6 where practicable;
• emergency maintenance reasonably needed to address a genuine security risk, where advance notice is not practicable — we will notify you promptly afterwards;
• an event described in the Terms of Service’s force majeure section, including a natural disaster, war, civil unrest, government action, an internet or utility outage beyond our reasonable control, or a widespread outage at Cloudflare or another infrastructure provider we depend on to deliver the service;
• unavailability of, or a change made by, a social media platform or other third-party platform you connect to or through the service;
• an issue caused by your own systems, network or account configuration, or by your breach of the Acceptable Use Policy;
• a denial-of-service attack or other security incident that we are actively investigating or mitigating in good faith; and
• suspension or restriction of your access under the Terms of Service, including for non-payment or an Acceptable Use Policy breach.

None of the circumstances above count against the uptime commitment in section 3.

You can reach support for the service through the support channel available within it, or another support channel we publish for the service. We classify a support request into one of two severities:

• Critical. The service is completely unavailable to you, or a core function has no reasonable workaround. We aim to acknowledge a critical request within 8 business hours.
• Standard. Any other request, including a partial or intermittent issue, a question, or a feature request. We respond to standard requests on a best-efforts basis and do not commit to a fixed response time, though we typically aim to respond within a few business days.

“Business hours” means 9am to 5pm, Sydney time, Monday to Friday, excluding New South Wales public holidays.

These targets are for acknowledging a request, not resolving it — how long resolution takes depends on the nature of the issue. Only the uptime commitment in section 3 carries a service credit; a missed support target does not itself entitle you to a credit under this SLA.

These targets apply to a paid subscription to the service. Support for a free trial or free tier is addressed in our Free Trial and Freemium Supplemental Terms, which may prioritise paid subscriptions over a trial or the free tier.

If we do not meet the uptime commitment in section 3 for a calendar month, we will provide you a service credit against your fees for the next billing period, calculated as described below and claimed as described in section 8. A service credit is the sole and exclusive remedy available to you under this SLA for a missed uptime commitment, and it is a credit against future fees, not a cash refund. This does not limit your rights under the Australian Consumer Law described in section 9.

The credit for a calendar month is calculated on your fees for the service for that month, using the following schedule:

• uptime at or above 99.0% but below 99.5%: a credit of 5%;
• uptime at or above 97.0% but below 99.0%: a credit of 10%; and
• uptime below 97.0%: a credit of 15%, the maximum credit available for a single calendar month.

The uptime commitment in section 3 and the service credits in this section apply only to a paid subscription to the service. A free trial or free tier is governed instead by our Free Trial and Freemium Supplemental Terms and is not covered by this SLA.

A service credit has no cash value and cannot be redeemed after your subscription ends. Where your subscription ends before a confirmed credit is applied against a billing period, the credit is forfeited.

To claim a service credit, email legal@aicial.com within 30 days of the end of the calendar month the claim relates to. Please include your account details and the dates, times and nature of the unavailability you experienced.

We aim to review a claim and confirm any credit owed within 10 business days of receiving it. Where a credit is due, we apply it to your account, and it appears against your next invoice following our confirmation.

A claim made more than 30 days after the end of the relevant calendar month is not eligible for a service credit under this SLA.

Nothing in this SLA limits or excludes any consumer guarantee, right or remedy available to you under the Australian Consumer Law, set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), that cannot lawfully be excluded, restricted or modified. For services, those guarantees include that we provide the service with due care and skill, that it is reasonably fit for any purpose you made known to us, and, where the time for supply is not fixed by your agreement with us, that it is supplied within a reasonable time.

Where the Australian Consumer Law applies to the service and we fail to meet a consumer guarantee, you are entitled to a remedy under the Australian Consumer Law regardless of anything else in this SLA, including the service-credit terms in sections 7 and 8.

We may update this SLA to reflect changes to the service, our infrastructure or our practices. The version, effective date and last-reviewed date shown at the top identify the current SLA. We publish an updated SLA on our website and, where a change is material, provide additional notice through the service or by email before it takes effect.

An update does not apply retrospectively to a calendar month that has already ended when the update takes effect; the SLA in force during a calendar month continues to apply to your service credit for that month. We review this SLA at least once a year, and whenever we make a material change to the service’s underlying infrastructure.

This SLA is governed by the law of New South Wales, Australia.

Any dispute, controversy or claim arising out of, relating to or in connection with this SLA, including a dispute about a service credit, is resolved in accordance with section 16 (Dispute resolution) of the Terms of Service, including its ACICA arbitration clause seated in Sydney, New South Wales, which applies to this SLA as if set out in full. For a non-binding, plain-language summary, see our dispute resolution explainer.

Nothing in this section limits either party’s non-waivable statutory rights, including any right under the Australian Consumer Law.

For questions about this SLA, or to claim a service credit, contact:

Aperim Pty Ltd, which operates the aicial brand
ABN 46150699737
ACN 150699737
New South Wales, Australia
Email: legal@aicial.com