1. SCOPE AND APPLICABILITY

1.1 SLA Eligibility

This Service Level Agreement ("SLA") applies only to customers who have subscribed to the following Oxygen Content Fusion plans:

• Elite Plans (as specified in the Order Form)

This SLA does NOT apply to:

• Free Trial accounts
• Basic,Standard and Professional subscription plans (unless explicitly specified in an Order Form)
• Beta, preview, or experimental features
• Services provided at no charge
• Customers in breach of the Organization Agreement

1.2 Incorporation into Organization Agreement

This SLA is an appendix to and forms part of the Organization Agreement between Syncro Soft SRL and Customer. All capitalized terms not defined in this SLA have the meanings assigned to them in the Organization Agreement.

In the event of any conflict between this SLA and the Organization Agreement, the terms of this SLA shall control solely with respect to service level commitments, uptime calculations, and service credits.

2. SERVICE LEVEL COMMITMENT

2.1 Uptime Commitment

Syncro Soft commits to making the Oxygen Content Fusion Platform available with the following Monthly Uptime Percentage:

• 99.9% Monthly Uptime Percentage (the "Service Level")

This means that the Platform will be available and operational for at least 99.9% of the total minutes in each calendar month, excluding Excluded Downtime as defined in Section 3.

2.2 What "Uptime" Means

The Platform is considered "available" or "up" when:

• Users can successfully authenticate and log in to their accounts
• Users can access their Organization Workspaces
• Users can view, create, and edit documents within their workspaces
• Core document collaboration features (editing, commenting, version history) are functional
• The Platform API returns successful responses for standard operations
• Published documentation websites hosted by the Platform are accessible via the public internet to end-users

The Platform is considered "unavailable" or "down" when:

• The Platform is completely inaccessible (returns error pages or timeouts for all users)
• Authentication services are non-functional, preventing all users from logging in
• Critical core functionality is unavailable, making the Platform unusable for its primary purpose

2.3 Uptime Calculation Formula

Monthly Uptime Percentage is calculated as follows:

• Monthly Uptime % = (Total Minutes in Month - Downtime Minutes) / Total Minutes in Month × 100

Where:

• Total Minutes in Month = The total number of minutes in the applicable calendar month
• Downtime Minutes = The total number of minutes during which the Platform was unavailable to Customer, excluding Excluded Downtime as defined in Section 3

Example Calculation: For a 30-day month (43,200 minutes):

• 99.9% uptime allows for up to 43.2 minutes (0.72 hours) of downtime
• 99.5% uptime allows for up to 216 minutes (3.6 hours) of downtime
• 99.0% uptime allows for up to 432 minutes (7.2 hours) of downtime

2.4 Monthly Measurement Period

The Monthly Uptime Percentage is measured separately for each calendar month. The measurement period runs from 00:00:00 UTC on the first day of the month to 23:59:59 UTC on the last day of the month.

Service Credits are calculated and applied on a per-month basis based on the Monthly Uptime Percentage achieved for that specific calendar month.

3. EXCLUDED DOWNTIME

The following types of downtime are excluded from Downtime Minutes and do not count against the Service Level ("Excluded Downtime"):

1. Scheduled Maintenance
   1. Planned Maintenance Windows:

      Downtime occurring during scheduled maintenance windows announced at least 5 business days in advance via:

      • Email notification to Customer's primary contact and all administrators
      • In-Platform notification banner
      • Status page at status.fusion.oxygenxml.com

      Scheduled maintenance windows will:

      • Be limited to a maximum of 8 hours per month
      • Typically occur during off-peak hours
      • Be kept to the minimum duration necessary to perform required maintenance
   2. Emergency Maintenance:

      In urgent situations requiring immediate action to prevent security vulnerabilities, data loss, or major service degradation, we may perform emergency maintenance with shorter notice (minimum 24 hours when possible, or immediate if necessary to prevent imminent harm).

      Emergency maintenance windows will:

      • Be limited to the minimum duration necessary
      • Not exceed 4 hours per incident under normal circumstances
      • Count as Excluded Downtime only if a minimum 24 hours notice was provided or in case requring immediate action, a post-incident report is provided within 48 hours documenting the nature of the emergency and the reasons why advance notice was not feasible,
2. Customer-Caused Downtime.

   Downtime resulting from Customer's actions or omissions, including but not limited to:

   • Use of the Platform in a manner that violates the Organization Agreement or Acceptable Use Policy
   • Misuse or misconfiguration of Platform features or settings by Customer or Authorized Users
   • Use of unauthorized third-party applications or integrations that interfere with Platform functionality
   • Customer's failure to implement reasonable security practices, leading to account compromise or abuse
   • Excessive or abusive use of Platform resources that degrades performance for the Customer or others
   • Customer's failure to address issues within their control after notification from Syncro Soft
   • Intentional or accidental deletion of data by Customer or Authorized Users
3. Third-Party Service Failures

   Downtime caused by failures of third-party services, providers, or infrastructure outside of Syncro Soft's reasonable control, including:

   • Internet service provider (ISP) outages or routing issues
   • Domain Name System (DNS) failures not under Syncro Soft's control
   • Failures of Customer's own network, internet connection, or IT infrastructure
   • Content Delivery Network (CDN) failures beyond standard redundancy
   • Third-party authentication services (e.g., SAML SSO providers, OAuth providers) used by Customer
   • Infrastructure-as-a-Service (IaaS) provider failures that exceed the provider's SLA commitments (e.g., AWS,)
4. Force Majeure Events

   Downtime caused by events beyond Syncro Soft's reasonable control, including:

   • Natural disasters (earthquakes, floods, hurricanes, fires, etc.)
   • War, terrorism, civil unrest, or acts of government
   • Labor disputes or strikes (other than those involving Syncro Soft employees)
   • Pandemics or public health emergencies mandating closure of facilities
   • Power outages or telecommunications failures affecting data center regions
   • Cyber attacks, distributed denial-of-service (DDoS) attacks, or other malicious activities directed at the Platform or its infrastructure (for the duration of the active attack and immediate remediation)
5. Planned Service Limitations

   Downtime or reduced functionality related to:

   • Beta, preview, alpha, or experimental features explicitly marked as such
   • Services provided at no charge or as courtesy features
   • Deprecated features for which end-of-life notice has been provided
   • Functionality explicitly documented as "best effort" rather than guaranteed
6. Platform Updates and Enhancements

   Brief interruptions (typically under 1 minute) associated with:

   • Deploying software updates and patches
   • Applying security fixes
   • Rolling out new features or enhancements
   • Performing database migrations or schema changes

   These micro-interruptions are excluded as long as each individual interruption is less than 5 consecutive minutes and the cumulative total does not exceed 30 minutes per month.

7. Isolated User Issues

   Issues affecting only individual users or small subsets of users that are not indicative of a Platform-wide problem, including:

   • Individual account-specific issues
   • Browser compatibility problems with non-supported browsers (see Section 8 for supported browsers)
   • Client-side device or software issues
   • Local network or firewall issues preventing access
   • Issues resolved by clearing browser cache or cookies
8. Partial Degradation.

   Performance degradation or reduced functionality that does not constitute complete unavailability, such as:

   • Slower response times that still allow access to core functionality
   • Temporary unavailability of non-critical features (e.g., advanced analytics, export options) while core editing and collaboration features remain functional
   • Intermittent errors that do not prevent overall use of the Platform

   Note: If performance degradation is so severe that it effectively prevents reasonable use of the Platform, it will be counted as downtime. Syncro Soft will make reasonable determinations in good faith about whether degradation constitutes downtime.

4. SERVICE CREDITS

4.1 Service Credit Amount

If Syncro Soft fails to meet the Service Level in any calendar month, Customer is eligible for a Service Credit according to the following table:

"Monthly Fees" means the total fees paid or payable by Customer for the Organization Workspace subscription for the specific calendar month in which the SLA failure occurred.

Example: If Customer pays $1,000 per month and the Monthly Uptime Percentage is 99.7% (failing to meet the 99.9% commitment), Customer is eligible for a 10% Service Credit = $100.

4.2 Service Credit Limitations

Service Credits are subject to the following limitations:

• Maximum Credit: The maximum total Service Credit for any single calendar month shall not exceed 50% of the Monthly Fees for that month, regardless of the severity or duration of downtime.
• Aggregate Cap: The maximum total Service Credits issued across all months during any 12-month period shall not exceed 100% of the average Monthly Fees paid during that 12-month period.
• Form of Credit: Service Credits are provided as credits against future annual Fees for the Organization Workspace subscription. Service Credits cannot be refunded in cash or applied to any other Syncro Soft services.
• Non-Transferable: Service Credits are non-transferable and may only be used by the Customer to whom they were issued, for the same Organization Workspace.
• Exclusive Remedy: Service Credits are Customer's sole and exclusive remedy for any failure by Syncro Soft to meet the Service Level. Syncro Soft's maximum aggregate liability for all SLA failures in any 12-month period is limited to the Service Credits described in this SLA.

4.3 How to Request Service Credits

To receive a Service Credit, Customer must submit a Service Credit request according to the following procedure:

1. Timing: Requests must be submitted within 30 calendar days of the end of the calendar month in which the SLA failure occurred. Requests submitted after this deadline will not be honored.
2. Method: Submit requests via email to support@oxygenxml.com with the subject line "SLA Service Credit Request - [Organization Name] - [Month/Year]"
3. Required Information:
   1. Customer's organization name and account ID
   2. The calendar month for which the Service Credit is being claimed
   3. A detailed description of the downtime experienced, including:
      1. Date(s) and time(s) when the Platform was unavailable (in UTC)
      2. Duration of the downtime
      3. Affected features or functionality
      4. Impact on Customer's operations
   4. Any error messages, screenshots, or diagnostic information demonstrating the downtime
   5. Confirmation that Customer has reviewed the Excluded Downtime provisions and believes the downtime does not fall into excluded categories
4. Verification Process. Upon receipt of a Service Credit request, Syncro Soft will:
   1. Acknowledge receipt within 2 business days
   2. Review the request and verify the downtime using internal monitoring systems and logs
   3. Calculate the applicable Service Credit according to Section 4.1
   4. Provide a determination within 15 business days of receiving a complete request
   If the request is approved, the Service Credit will be applied to Customer's account within 30 days and will automatically be deducted from the next invoice(s). If the request is denied, Syncro Soft will provide a written explanation of the reasons for denial, including whether the downtime fell within Excluded Downtime categories.
5. Good Faith Requirement: Customers must submit Service Credit requests in good faith. Fraudulent or abusive claims may result in termination of the Organization Agreement.

5. MONITORING AND MEASUREMENT

5.1 Syncro Soft's Monitoring Systems

Syncro Soft uses multiple monitoring systems to track Platform availability and performance, including:

• External Uptime Monitors: Third-party monitoring services that check Platform availability from multiple geographic locations at regular intervals (typically every 1 minute)

• Infrastructure Monitoring: Systems that monitor server health, resource utilization, and infrastructure availability
• Synthetic Transactions: Automated tests that simulate typical user workflows (login, document access, editing operations) to verify end-to-end functionality
• Error Tracking: Systems that aggregate and analyze application errors and exceptions

5.2 Measurement Methodology

• Primary Measurement: Uptime is primarily measured using external uptime monitors that check the availability of critical Platform endpoints from at least three geographically distributed locations.
• Downtime Recording: The Platform is considered down for a particular minute if the majority of monitoring checks during that minute indicate unavailability. A single failed check does not constitute downtime; there must be consistent failures indicating a genuine outage.
• Start of Downtime: Downtime begins when the first monitoring check detects unavailability and is confirmed by subsequent checks indicating a sustained outage (typically 2 consecutive failed checks at 1-minute intervals).
• End of Downtime: Downtime ends when monitoring checks indicate that the Platform has been restored to full availability and functionality for at least 2 consecutive minutes.
• Resolution: Downtime is measured in whole minutes. Any partial minute of downtime is rounded up to the nearest full minute.

5.3 Status Page and Transparency

Syncro Soft maintains a public status page at status.fusion.oxygenxml.com that provides:

• Real-time status of Platform services
• Current and historical incident reports
• Scheduled maintenance announcements
• Uptime statistics and historical performance data
• Subscription options for status notifications via email or SMS

Customers are encouraged to monitor the status page for information about ongoing incidents or planned maintenance.

5.4 Incident Communication

During Platform incidents, Syncro Soft will:

• Post an incident report on the status page within 15 minutes of confirming a significant outage
• Provide regular updates (at least every 30 minutes) during ongoing incidents
• Notify affected customers via email if the incident is expected to last longer than 30 minutes
• Post a post-mortem analysis of major incidents within 5 business days after resolution

5.5 Customer's Right to Verify

Customers may request detailed uptime reports for any calendar month by contacting sla@oxygenxml.com. Syncro Soft will provide:

• A summary of all incidents that affected uptime during the requested month
• Calculated Monthly Uptime Percentage
• Breakdown of downtime by incident
• Explanation of any Excluded Downtime

These reports will be provided within 10 business days of the request.

6. SUPPORT RESPONSE TIMES

Customers with SLA coverage have access to Elite Support Plan (See section 3.4 ELITE PLAN TERMS from Support Terms)

7. LIMITATIONS AND DISCLAIMERS

7.1 SLA Scope Limitations

This SLA applies only to the availability of the core Oxygen Content Fusion Platform services. This SLA does NOT cover:

• Third-Party Integrations: Availability or performance of third-party integrations configured by Customer (e.g., GitHub integration), even if accessed through the Platform.
• Customer's Network: Issues with Customer's internet connection, local network, firewall, or IT infrastructure.
• End User Devices: Issues with Authorized Users' computers, mobile devices, or browsers.
• Custom Development: Custom features or modifications developed specifically for Customer outside of the standard Platform offering, unless explicitly covered in a separate agreement.
• Professional Services: Consulting, training, or other professional services provided by Syncro Soft.
• Data Migration: Data import or migration services.
• Non-Production Environments: Sandbox, testing, or development environments (if provided) are not covered by this SLA.

7.2 Beta and Experimental Features

Features or services designated as "beta", "preview", "alpha", "experimental", or similar designations are provided for testing and feedback purposes and are explicitly excluded from this SLA. Beta features may be:

• Less stable or reliable than production features
• Subject to changes or discontinuation without notice
• Not supported by the same support SLAs
• Lacking complete documentation

Customers use beta features at their own risk.

7.3 No Guarantee of Zero Downtime

While Syncro Soft strives to minimize downtime and meet the Service Level, this SLA does not guarantee zero downtime or uninterrupted service. The 99.9% Service Level acknowledges that some downtime may occur.

This SLA does not cover:

• Brief interruptions (less than 1 minute) that are normal in any online service
• Momentary loading delays or slow response times that do not prevent access
• Isolated incidents affecting individual users rather than the Platform generally

7.4 Changes to Service Architecture

Syncro Soft reserves the right to make changes to the Platform's architecture, infrastructure, or underlying technologies, provided that such changes do not materially reduce the Service Level commitments in this SLA.

If changes are expected to cause scheduled downtime, Syncro Soft will follow the Scheduled Maintenance procedures in Section 3.1.

8. TECHNICAL REQUIREMENTS AND CUSTOMER RESPONSIBILITIES

8.1 Supported Browsers and Platforms

To receive SLA coverage, Customers and Authorized Users must use supported browsersdesignated as "supported" in the Platform's official documentation, available at: https://www.oxygenxml.com/doc/ug-content-fusion-cloud/topics/browser-compatibility.html

Issues occurring exclusively in unsupported browsers are not covered by this SLA and may not be addressed by support.

8.2 Network and Infrastructure Requirements

For optimal performance and SLA coverage, Customer should ensure:

• Reliable internet connection with sufficient bandwidth
• Proper firewall configuration allowing access to Platform domains and subdomains
• DNS resolution properly configured
• No proxy or VPN configurations that interfere with Platform functionality (unless specifically supported)
• Disabling of browser extensions that may interfere with Platform operation

8.3 Customer Responsibilities

To receive the benefits of this SLA, Customer must:

• Reasonable Use: Use the Platform in accordance with the Organization Agreement and Acceptable Use Policy, avoiding abuse or excessive resource consumption.
• Timely Reporting: Report incidents promptly via the proper support channels with sufficient detail to allow investigation.
• Cooperation: Cooperate with Syncro Soft's support team during incident investigation, including providing requested logs, screenshots, or diagnostic information.
• Security Practices: Implement reasonable security practices, including strong passwords, enabling two-factor authentication (if available), and promptly addressing security concerns.
• Software Updates: Ensure Authorized Users use supported browsers and keep them reasonably up to date.
• Account Maintenance: Keep account and billing information current and respond to communications from Syncro Soft regarding service issues.

Failure to meet these responsibilities may result in reduced SLA coverage or denial of Service Credit requests.

9. MODIFICATIONS TO THIS SLA

9.1 Right to Modify. Syncro Soft reserves the right to modify this SLA from time to time. Modifications may include:

• Changes to the Service Level percentage
• Changes to Service Credit calculations or procedures
• Updates to Excluded Downtime categories
• Changes to support response times or procedures
• Clarifications or additions to definitions and terms

9.2 Notice of Material Changes. If Syncro Soft makes material changes to this SLA that reduce the Service Level commitment or Customer benefits, Syncro Soft will provide at least 60 days' advance written notice to Customer via:

• Email to the primary contact and all administrators of the Organization Workspace
• Prominent notice displayed in the Platform interface
• Update posted on the status page and website

9.3 Customer's Right to Object. If Customer does not agree with material changes that reduce SLA commitments:

• Customer may terminate the Organization Agreement by providing written notice within 30 days of the effective date of the changes.
• Termination will be effective at the end of Customer's then-current billing period.

9.4 Non-Material Changes. Minor clarifications, additions of new Excluded Downtime categories that reflect existing practices, updates to support procedures, or other non-material changes may be made with shorter notice periods (typically 30 days) or may be incorporated into regular SLA updates.

9.5 Continued Use Constitutes Acceptance. Customer's continued use of the Platform after the effective date of SLA modifications constitutes acceptance of the modified SLA terms.

10. DEFINITIONS

• "Available" / "Availability": The state in which the Platform is accessible and operational for its intended use, as defined in Section 2.2.
• "Business Day": Any day other than Saturday, Sunday, or a Romanian public holiday.
• "Business Hours": 9:00 AM to 6:00 PM Eastern European Time (EET) / Eastern European Summer Time (EEST), Monday through Friday, excluding Romanian public holidays.
• "Downtime": Any period during which the Platform is unavailable, excluding Excluded Downtime as defined in Section 3.
• "Downtime Minutes": The total number of minutes of Downtime in a calendar month, calculated as described in Section 2.3.
• "Excluded Downtime": Periods of unavailability that do not count against the Service Level, as defined in Section 3.
• "Incident": Any event that causes or may cause Downtime or degradation of Platform services.
• "Monthly Fees": The total subscription fees paid or payable by Customer for the Organization Workspace for a specific calendar month, excluding one-time fees and non-subscription charges.
• "Monthly Uptime Percentage": The percentage of time the Platform was Available during a calendar month, calculated as described in Section 2.3.
• "Platform": The Oxygen Content Fusion software-as-a-service platform, including all features and functionality provided to Customer under the Organization Agreement.
• "Service Credit": A credit applied to Customer's account as compensation for failing to meet the Service Level, calculated as described in Section 4.1.
• "Service Level": The 99.9% Monthly Uptime Percentage commitment described in Section 2.1.
• "Unavailable" / "Unavailability": The state in which the Platform cannot be accessed or used for its intended purpose, as defined in Section 2.2.

11. CONTACT INFORMATION

For questions about this SLA, uptime reports, or Service Credit claims, please contact:

• SLA Inquiries:sla@oxygenxml.com
• Support: support@oxygenxml.com