Thyme — Service Level Agreement (SLA)

This SLA sets out our uptime commitment for the Thyme platform. It forms part of, and is subject to, our Terms of Service, including the limitation of liability and the Australian Consumer Law provisions in those Terms. Capitalised terms have the meaning given in the Terms.

This SLA applies to the production Service under a paid subscription. It does not apply during early access, or to trial, beta, preview or free features, where service levels may differ and will be set out in your Order.

1. Uptime commitment

We aim to make the production Service available at least 99.9% of the time, measured each calendar month (the Uptime Commitment).

We calculate Monthly Uptime Percentage as:

(total minutes in the month — Downtime minutes) ÷ total minutes in the month × 100

Downtime means a period in which the core functions of the Service are materially unavailable to the Client, as recorded by our monitoring, excluding any Excluded Downtime described in Section 3.

2. Scheduled maintenance

From time to time we need to perform maintenance. We will aim to schedule planned maintenance outside Australian business hours (AEST/AEDT) and to give reasonable advance notice through the Service or by email. We may also carry out emergency maintenance at short notice to protect the security, integrity or performance of the Service. Scheduled and emergency maintenance do not count as Downtime.

3. Exclusions (Excluded Downtime)

The Uptime Commitment does not cover unavailability caused by:

• scheduled or emergency maintenance (Section 2);
• factors outside our reasonable control, including a force majeure event, internet or network failures, or failures of third-party infrastructure or services we rely on;
• the Client's own systems, networks, devices, configurations or connectivity, or use of the Service contrary to the Terms or your Order;
• third-party services, integrations or data sources that we do not control;
• suspension or termination of the Service in accordance with the Terms (including for non-payment); or
• trial, beta, preview, early-access or free features.

4. Service credits

If the Monthly Uptime Percentage falls below the Uptime Commitment in a given calendar month, the Client may request a service credit, calculated as a percentage of the monthly-equivalent value of the Client's subscription fee for the affected month:

Monthly Uptime Percentage	Service credit
Below 99.9% but at or above 99.0%	5%
Below 99.0% but at or above 95.0%	10%
Below 95.0%	25%

To claim a credit, the Account Holder must request it in writing to legal@truethyme.com within 30 days after the end of the affected month, and the Client's account must be current (no overdue fees). We will verify the claim against our monitoring records.

Service credits are applied against future invoices and have no cash value. To the maximum extent permitted by law, service credits are the Client's sole and exclusive remedy for any failure to meet the Uptime Commitment. Nothing in this Section limits any Non-Excludable Guarantee under the Australian Consumer Law.

5. Changes

We may update this SLA from time to time. Consistent with our Terms, a change to this SLA that materially reduces the Uptime Commitment will apply to your subscription only from the start of your next subscription period. The current version is always at https://truethyme.com/legal/sla.

6. Contact

Questions about this SLA can be sent to legal@truethyme.com.