Service Level Agreement

This Service Level Agreement (“SLA”) is incorporated into and forms part of the Terms of Service (the “Agreement”) between you and Illya LLC (“Company,” “we,” “us,” or “our”). Capitalized terms not defined in this SLA have the meanings given to them in the Agreement.

1. Scope

This SLA applies only to the Hosted Services (web console, APIs, and data storage infrastructure) provided to Customers on a paid subscription tier. Trial Offerings, Beta Offerings, Free-Tier Offerings, and any services provided at no charge are expressly excluded from this SLA and are provided “AS-IS” without any availability commitment.

2. Uptime Commitment

2.1 Monthly Uptime Target

The Company will use commercially reasonable efforts to maintain a Monthly Uptime Percentage of at least 99.5% for the Hosted Services during each calendar month.

2.2 Definition of Monthly Uptime Percentage

“Monthly Uptime Percentage” means the number of Successful Requests in a calendar month divided by the Total Requests in that calendar month, expressed as a percentage.

Monthly Uptime Percentage = (Successful Requests ÷ Total Requests) × 100

“Successful Request” means any valid request to the Hosted Services that does not result in an HTTP 5xx server error response.

“Total Requests” means all valid requests received by the Hosted Services during the calendar month, excluding automated health checks performed by the Company’s own monitoring infrastructure.

2.3 Definition of Error

An “Error” is any request to the Hosted Services that results in an HTTP 5xx server error status code (500, 502, 503, 504, or similar), as recorded by the Company’s monitoring systems. Errors caused by invalid client requests (HTTP 4xx status codes) are not counted as Errors for purposes of this SLA.

3. Exclusions

The following are not counted as Errors for purposes of calculating the Monthly Uptime Percentage:

• Scheduled Maintenance. Planned maintenance windows for which the Company provides at least forty-eight (48) hours’ advance notice via email or the Hosted Services console.
• Emergency Maintenance. Urgent, unplanned maintenance required to address critical security vulnerabilities or threats to the integrity of the Hosted Services, provided the Company uses commercially reasonable efforts to notify you as promptly as practicable.
• Force Majeure. Events beyond the Company’s reasonable control as described in Section 19 (Force Majeure) of the Agreement.
• Third-Party Infrastructure. Outages or degraded performance of underlying cloud infrastructure providers (e.g., Google Cloud Platform), DNS providers, or internet service providers that are outside the Company’s direct control.
• Customer-Caused Issues. Unavailability resulting from your actions, your equipment, your network connectivity, or your misuse of the Services in violation of the Agreement or Documentation.
• Suspension. Periods during which your access is suspended pursuant to Section 12 (Suspension of Service) of the Agreement.

4. Service Credits

4.1 Credit Schedule

If the Monthly Uptime Percentage falls below 99.5% in any calendar month, you are eligible for a service credit as a percentage of your monthly subscription fees for the affected month, according to the following schedule:

4.2 Credit Cap

The maximum aggregate service credit for any single calendar month shall not exceed twenty-five percent (25%) of your monthly subscription fees for that month. For annual subscriptions, the monthly fee for purposes of this calculation is one-twelfth (1/12) of the annual subscription fee.

4.3 Credit Form

Service credits are applied as a reduction to future invoices and are not redeemable for cash, refunds, or any other form of payment. Service credits may not be transferred or applied to any other account. If your subscription terminates before a credit is applied, any unused credits are forfeited.

5. Credit Request Process

To receive a service credit, you must submit a written request to support@illya.us within thirty (30) days of the end of the calendar month in which the Errors occurred. Your request must include:

• Your account identifier or registered email address;
• The dates and approximate times of the Error events; and
• A brief description of the impact on your use of the Hosted Services.

The Company will evaluate your request against its monitoring records and notify you of the outcome within fifteen (15) business days. The Company’s monitoring data will be the sole authoritative source for determining Errors and Monthly Uptime Percentage. If the Company confirms that a service credit is owed, it will be applied to your next invoice.

6. Sole and Exclusive Remedy

Service credits issued under this SLA are your sole and exclusive remedy, and the Company’s entire liability, for any failure to meet the Monthly Uptime Percentage. This SLA does not modify or limit any other rights or remedies you may have under the Agreement, including but not limited to the warranty remedies in Section 16.2 or the termination rights in Section 11 of the Agreement.

7. SLA Modifications

The Company may update this SLA from time to time. Changes will be posted on this page with a revised “Last updated” date. The Company will not reduce the Monthly Uptime Percentage commitment during an active subscription Term without providing at least thirty (30) days’ prior written notice. If a change materially reduces the uptime commitment, your sole remedy is to terminate your subscription before the change takes effect, in which case the Company will refund any prepaid but unused fees for the remainder of the Term.

8. Contact

Questions about this SLA or service credit requests should be directed to:

• Email: support@illya.us