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Service Level Agreement

Effective Date: August 30, 2022

This Wingware Service Level Agreement ("SLA") between Wingware, LLC. ("Wingware", "us" or "we") and users of the Wingware Services ("you") governs the use of the Jet Fuel QC Services under the provisions of the Wingware Terms of Use (the "Terms").

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.

  1. Service Commitment: 99.95% Uptime

    2. Wingware will use commercially reasonable efforts to make the Jet Fuel QC services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the "Service Commitment").

    A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.

  2. Definitions

    3. "Jet Fuel QC" means the web application and database running on Wingware servers.

    "Maintenance" means scheduled Unavailability of the Jet Fuel QC service, as announced by us prior to the Jet Fuel QC services becoming Unavailable.

    "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the Jet Fuel QC services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Wingware SLA Exclusion.

    "Unavailable" and  "Unavailability" mean:

    • When the Jet Fuel QC web application has no external connectivity, confirmed by our monitoring tools.

  3. Wingware SLA Exclusions

    4. The Service Commitment does not apply to any unavailability, suspension or termination of the Jet Fuel QC services, or any other Jet Fuel QC service performance issues:

    1. That result from a suspension or Remedial Action, as described in the Terms;
    2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or external network problems;
    3. That result from any actions or inactions of you or any third party;
    4. That result from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
    5. That result from failures of Jet Fuel QC services not attributable to Unavailability; or
    6. That result from any Maintenance.

  4. Sole Remedy

    5. You recognize and agree that if the SLA does not list a remedy for a given failure, it has no remedy.