Service Level Agreement

1. Scope

This Service Level Agreement (“SLA”) forms part of the CustomBuilds Terms of Service and applies to clients with an active paid engagement whose accepted proposal includes ongoing hosting or managed services, and whose accounts are in good standing. It does not apply to free accounts, trials, beta and preview features, or engagements without ongoing services.

2. Definitions

“Monthly Uptime Percentage” means the total number of minutes in a calendar month, minus the number of minutes of Downtime, divided by the total number of minutes in that month, expressed as a percentage. Excluded events described below do not count as Downtime.

“Downtime” means a period of at least one consecutive minute during which the core Services, meaning the web application, account sign-in, project briefs, and the AI strategist, are unavailable to substantially all of your users, as measured by CustomBuilds' monitoring systems. Degraded performance or the unavailability of a single non-core feature is not Downtime.

“Service Credit” means a percentage of the monthly fee for ongoing hosting or managed services stated in your accepted proposal (the “Monthly Service Fee”) for the affected month, credited to your account.

3. Uptime commitment

For all covered engagements, CustomBuilds will use commercially reasonable efforts to make the core Services available with a Monthly Uptime Percentage of at least 99.9%.

Where your accepted proposal includes an enhanced commitment, the Monthly Uptime Percentage target is at least 99.99%.

4. Service credits (standard commitment)

If the Monthly Uptime Percentage for a covered engagement falls below 99.9% but is at least 99.0%, you are eligible for a Service Credit of 10% of that month's Monthly Service Fee.

If the Monthly Uptime Percentage is below 99.0% but at least 95.0%, you are eligible for a Service Credit of 25%.

If the Monthly Uptime Percentage is below 95.0%, you are eligible for a Service Credit of 50%.

5. Service credits (enhanced commitment)

If the Monthly Uptime Percentage for an engagement with an enhanced commitment falls below 99.99% but is at least 99.9%, you are eligible for a Service Credit of 10% of that month's Monthly Service Fee.

If the Monthly Uptime Percentage is below 99.9% but at least 99.0%, you are eligible for a Service Credit of 25%.

If the Monthly Uptime Percentage is below 99.0%, you are eligible for a Service Credit of 50%.

6. Credit terms

Service Credits are calculated on the Monthly Service Fee for the affected month and do not apply to project fees for a scope of work, usage-based charges, taxes, or other one-time fees. Total Service Credits for any month will not exceed 50% of that month's Monthly Service Fee.

Service Credits are applied to future invoices, are not redeemable for cash, and cannot be transferred. Credits will not be issued if your account has overdue undisputed balances. Except where prohibited by law, Service Credits are your sole and exclusive remedy for any failure to meet this SLA.

7. Exclusions

Downtime does not include unavailability caused by: scheduled maintenance announced at least 48 hours in advance (we aim to schedule maintenance during low-traffic hours and limit it to no more than four hours per month); emergency maintenance needed to address a critical security vulnerability; or factors outside our reasonable control, such as natural disasters, acts of government, widespread internet or power outages, or failures of networks not operated by CustomBuilds.

Downtime also does not include unavailability caused by your own equipment, software, network connections, or third-party services you integrate; your use of the Services in violation of the Terms of Service or Acceptable Use Policy; suspension of your account in accordance with the Terms of Service; features designated as beta, preview, or experimental; or the accuracy, quality, or response time of AI-generated outputs.

8. Claim process

To receive a Service Credit, the account owner must submit a claim to legal@custombuilds.ai within 30 days after the end of the month in which the Downtime occurred. The claim must include your account email, the dates and times of each Downtime incident, and a description of the impact, along with any supporting logs or screenshots.

We will review the claim against our monitoring records and respond within 30 days. If the claim is approved, the Service Credit will be applied to your next invoice. Failure to submit a timely and complete claim will disqualify you from receiving a Service Credit for that month.

9. Status and incident communication

We publish service status and incident updates on our status page and notify affected customers of significant incidents. For engagements with an enhanced commitment, we provide post-incident reports for qualifying Downtime upon request.

10. Changes to this SLA

We may update this SLA from time to time. We will provide at least 30 days' notice before any change that reduces your service levels, and the change will not apply until your next renewal after that notice period ends. Questions about this SLA may be sent to legal@custombuilds.ai.