Draft for the July 6, 2026 launch. This policy is incorporated by reference into the Terms of Service and is being finalized with legal counsel. Items marked finalized at launch will carry committed figures by the Effective Date. Questions: [email protected].
Effective July 6, 2026. This Service Level Agreement (the "SLA") is incorporated into the Terms of Service (the "Agreement") between ApexAVCloud LLC ("APEX", "we", "us", or "our"), a Delaware limited liability company with offices at 5009 N Ashland Ave #3E, Chicago, IL 60640 and Customer, and applies to the generally available, paid production Services. Capitalized terms not defined here have the meaning given in the Agreement.
1. Availability commitment
APEX will use commercially reasonable efforts to make the production Services available with a Monthly Uptime Percentage of at least 99.9% [target, finalized at launch] during each calendar month, excluding the exceptions in Section 4.
2. Definitions
"Monthly Uptime Percentage" means (Total Minutes in the month - Downtime Minutes) ÷ Total Minutes in the month, expressed as a percentage. "Downtime" means a period in which the core production Services are unavailable to Customer, as measured by APEX's monitoring, excluding Excluded Events. "Service Credit" means a credit calculated under Section 3, applied against a future invoice.
3. Service Credits
If APEX does not meet the availability commitment in a given calendar month, Customer is eligible to request the following Service Credit, calculated as a percentage of the monthly fees for the affected production Service. [Credit tiers below are targets and will be finalized at launch.]
| Monthly Uptime Percentage | Service Credit |
|---|---|
| < 99.9% and ≥ 99.0% | 10% of monthly fees |
| < 99.0% and ≥ 95.0% | 25% of monthly fees |
| < 95.0% | 50% of monthly fees |
Service Credits are Customer's sole and exclusive remedy for any failure by APEX to meet the availability commitment. Credits are non-refundable, have no cash value, and may not exceed the fees for the affected Service in the month in which the shortfall occurred.
4. Exclusions (Excluded Events)
The availability commitment does not apply to unavailability caused by: (a) scheduled or emergency maintenance (see Section 5); (b) factors outside APEX's reasonable control, including any force majeure event or failure of a third-party cloud, network, or platform; (c) Customer's or a User's acts or omissions, equipment, software, or network; (d) Customer's use of the Services in breach of the Agreement or the Acceptable Use Policy; (e) suspension or termination of Customer's access as permitted under the Agreement; or (f) Beta Offerings or any features identified as alpha, beta, preview, or early access.
5. Maintenance
APEX may perform scheduled maintenance and will use reasonable efforts to provide advance notice and to schedule it during low-usage windows. APEX may perform emergency maintenance at any time where necessary to protect the security, integrity, or availability of the Services.
6. Claiming a Service Credit
To request a Service Credit, Customer must submit a request to [email protected] within thirty (30) days after the end of the month in which the shortfall occurred, including the dates and times of the unavailability and any supporting information Customer has. APEX will validate the request against its monitoring records and apply approved credits to a future invoice.
7. Changes
As described in the Agreement, the service-level terms may be updated from time to time on reasonable notice to reflect process improvements or changing practices, provided the modifications do not materially decrease APEX's obligations as compared to those in effect on the Effective Date.