This Service Level Agreement (SLA) forms part of the Agreement between Silktide and each Customer and sets out the availability commitment, service credits and support that Silktide provides for the Services under that Plan. Capitalized terms not defined here have the meanings given in the Silktide Customer Terms (the Terms). References to Silktide are to the Silktide Entity that contracts with the Customer, identified as described in clause 25 of the Terms.
1. Scope
1.1 This SLA applies to paid subscriptions to the Services under an Order Form. It does not apply to Free Trials, to features identified as beta, preview or pilot, or to Third-Party Services.
1.2 The Order Form identifies the Customer’s service plan. Where the Customer’s service plan, as described in the Documentation on the Subscription Start Date, or an Order Form provides enhanced service levels or support, those apply in addition to this SLA. This SLA may be updated only in accordance with clause 20 of the Terms, and no update will reduce the service levels or service credits that apply to the Customer during a Subscription Term.
2. Definitions
| Term | Meaning |
|---|---|
| Available | the production environment of the Services can be accessed by the Customer’s Authorized Users and is able to perform its core functions, including logging in, viewing reports and dashboards, running scans and other scheduled checks, and receiving data sent to it from Customer Sites. Where only one product within the Services is affected, availability is assessed for that product and Service Credits are calculated on the Monthly Fees for it. The Services are not treated as unavailable merely because a scan, prompt run or data collection for a particular Customer Site is delayed or incomplete for reasons attributable to that Customer Site or to a third-party platform or website described in clause 6 of the Terms. |
| Downtime | the total number of minutes in a calendar month during which the production environment of the Services, or an affected product within it, is not Available, as measured by Silktide’s monitoring systems and reported on the Status Page, excluding Excluded Downtime. |
| Excluded Downtime | unavailability to the extent caused by any of the matters listed in section 5. |
| Monthly Fees | for Services with annual Fees, whether invoiced annually or for the whole Initial Term in advance, one twelfth of the annual Fees for the affected Services as stated in the Order; for Services billed monthly, the Fees for the affected Services for the relevant month. |
| Monthly Uptime Percentage | the total number of minutes in the calendar month, less Downtime, divided by the total number of minutes in the calendar month, expressed as a percentage. |
| Scheduled Maintenance | planned maintenance of the Services notified in accordance with section 4. |
| Service Credit | a credit calculated in accordance with section 6. |
| Status Page | Silktide’s public service status page, currently at status.silktide.com, to which the Customer may subscribe for notifications. |
| Support Hours | 09:00 to 17:00 on Business Days, in the time zone of the place stated for the Silktide Entity under Business Days in the table in clause 25 of the Terms. |
3. Availability commitment
3.1 Silktide will use appropriate measures of redundancy, monitoring and platform management to make the production environment of the Services Available with a Monthly Uptime Percentage of at least 99.5% in each calendar month during the Subscription Term.
3.2 Silktide monitors the availability of the Services continuously and publishes current status, incident notices and maintenance notices on the Status Page. Silktide’s monitoring data is the basis for calculating the Monthly Uptime Percentage, and Silktide will share the relevant data with the Customer on request in connection with a claim under section 6.
4. Maintenance
4.1 Silktide will carry out Scheduled Maintenance at times intended to minimize disruption across the regions in which its customers operate, will give at least 48 hours’ notice of Scheduled Maintenance on the Status Page, and will limit Scheduled Maintenance to a total of eight hours in any calendar month. Scheduled Maintenance carried out in accordance with this section is Excluded Downtime.
4.2 Silktide may carry out emergency maintenance with shorter notice where reasonably necessary to address a security vulnerability or an imminent risk to the integrity or availability of the Services. Emergency maintenance counts as Downtime unless the underlying cause is itself Excluded Downtime.
5. Exclusions
5.1 Downtime does not include unavailability of the Services to the extent caused by: (a) Scheduled Maintenance carried out in accordance with section 4; (b) acts or omissions of the Customer, its Authorized Users or Clients, including any breach of the Agreement or use of the Services other than in accordance with the Documentation; (c) the Customer’s equipment, software, networks or internet connectivity, or any Third-Party Service; (d) the unavailability, misconfiguration or access restrictions of a Customer Site, including a Customer Site blocking or rate-limiting Silktide’s scanning or failing to load the Services’ analytics code; (e) suspension of the Services in accordance with the Terms; (f) a Force Majeure Event; (g) failures of public DNS, public internet routing or other infrastructure outside Silktide’s reasonable control; (h) denial-of-service or other malicious attacks that could not reasonably have been prevented by industry-standard security measures; (i) unavailability or degradation of an AI Feature caused by a third-party provider, as described in clause 5 of the Terms; (j) the effect of a usage limit in the Order being reached, or of the Customer’s AI credits for the period being exhausted, as described in clauses 4.6 and 5.9 of the Terms; or (k) the unavailability, rate limiting, access restrictions or changes of any third-party AI platform, search engine or website that the Services query, monitor or retrieve content from under clause 6 of the Terms, the withdrawal or replacement of a Monitored Platform under clause 6.4 of the Terms, and any resulting delay, gap or change in results.
6. Service Credits
6.1 If the Monthly Uptime Percentage in a calendar month is below 99.5%, the Customer is entitled to a Service Credit calculated as a percentage of the Monthly Fees for the affected Services in accordance with the following table.
| Monthly Uptime Percentage | Service Credit (percentage of Monthly Fees) |
|---|---|
| 99.49% to 98.00% | 3% |
| 97.99% to 97.00% | 4% |
| 96.99% to 96.00% | 6% |
| 95.99% to 95.00% | 8% |
| Below 95.00% | 10% |
6.2 To claim a Service Credit, the Customer must submit a request by email to support@silktide.com within 30 days after the end of the calendar month in which the Downtime occurred, identifying the dates and times of the unavailability and the Authorized Users or Customer Sites affected. Silktide will validate the claim against its monitoring data and respond within 30 days of receipt. Where Silktide’s monitoring data and the Customer’s records differ, the parties will review both in good faith.
6.3 Service Credits are applied as a credit against the Customer’s next invoice. Service Credits in any calendar month will not exceed 50% of the Monthly Fees for the affected Services. Service Credits have no cash value, except that if the Agreement or the affected Order expires or is terminated (other than by Silktide for the Customer’s breach) while Service Credits remain unapplied, Silktide will pay the Customer the amount of the unapplied Service Credits within 30 days.
6.4 Service Credits are the Customer’s sole and exclusive financial remedy for any failure to meet the availability commitment in section 3, as provided in clause 16.5 of the Terms, without prejudice to the Customer’s rights under section 7 and clause 12.6 of the Terms.
7. Chronic failure
7.1 If the Monthly Uptime Percentage is: (a) below 99.5% in any three consecutive calendar months; (b) below 99.5% in any four calendar months within a rolling period of twelve calendar months; or (c) below 95% in any single calendar month; then the Customer may terminate the affected Order by written notice given within 30 days after the end of the calendar month in which the right to terminate arose. On such termination Silktide will refund, pro rata, any prepaid Fees for the remainder of the Subscription Term of the terminated Order and will pay any accrued Service Credits in accordance with section 6.3.
8. Support
8.1 Silktide provides technical support to the Customer’s Authorized Users in English during Support Hours by email to support@silktide.com, through the live chat function within the Services, and through the help center at help.silktide.com, which is available at all times.
8.2 Silktide classifies support requests by severity, taking into account the Customer’s reasonable view, and aims to respond within the target response times below. A response means acknowledgment by a member of Silktide’s support team and the start of investigation. Target response times are measured within Support Hours. Silktide will work on Severity 1 incidents continuously during Support Hours until the Services are restored, and will provide updates at reasonable intervals.
| Severity | Description | Target initial response |
|---|---|---|
| 1: Critical | The production environment of the Services is unavailable or unusable for all of the Customer’s Authorized Users, or there is a confirmed security incident affecting the Customer’s data. | 2 Support Hours |
| 2: High | A major feature of the Services is unavailable or severely degraded for the Customer and no reasonable workaround is available. | 8 Support Hours |
| 3: Medium | A feature of the Services is impaired but a reasonable workaround is available, or scan results are inaccurate for a Customer Site. | 2 Business Days |
| 4: Low | Questions about the use of the Services, requests for guidance, cosmetic issues and feature requests. | 3 Business Days |
8.3 The response times in the table are targets, not guaranteed response times. Silktide monitors its performance against them and uses reasonable efforts to meet them, but not meeting a target is not a breach of the Agreement and does not give rise to Service Credits. A response is not a guarantee of resolution within a particular time. Silktide will use reasonable efforts to resolve issues promptly and, for Severity 1 incidents, will on request provide the Customer with a written summary of the cause and the corrective measures taken within 10 Business Days after resolution.
8.4 The Customer will designate at least one Authorized User as its primary support contact, will provide the information reasonably requested by Silktide to investigate an issue, and will ensure that support requests are raised only by Authorized Users. Support does not include training, onboarding, consultancy, custom development or assistance with Third-Party Services.
9. Status reporting
9.1 Silktide publishes incident notices on the Status Page while an incident is ongoing and a summary once it is resolved. The Customer is encouraged to subscribe to Status Page notifications so that its Authorized Users receive maintenance and incident notices directly.