Service Level Agreement

Last updated: January 09, 2024

Service Level Agreement ("SLA") for magiclinksdev SaaS provided by Hypoxia, LLC ("Provider"):

Overview

Applies to all Customers who subscribe to the magiclinksdev SaaS product offered by the Provider.
Describes uptime guarantee for the Service and sets out procedures for requesting credits in case uptime guarantee is not met.
Legally binding contract between the Provider and the Customer.

Definitions

For the purposes of this SLA, the following terms shall have the following meanings:

Service: The magiclinksdev SaaS product offered by Hypoxia, LLC.
Customer: The party who subscribes to the Service.
Provider: Hypoxia, LLC, the company that offers the Service.
Uptime: The percentage of time that the Service is available for use by the Customer.
Scheduled Maintenance: Maintenance work that is planned in advance and carried out during a scheduled maintenance window.
Unscheduled Downtime: Any interruption to the availability of the Service that is not part of the Scheduled Maintenance.
Pro-Rata Credits: Credits that are calculated based on the amount of time the Service was unavailable during Unscheduled Downtime and applied to the next billing cycle.
Request Limits: Limits on the number of actions that a user can perform within a given time period, such as logging in or creating an account.
Rate Limits: Limits on the maximum number of requests that can be made in a given time period.
Malicious User Detection: The process of identifying and mitigating users who engage in behavior that may harm the Service or other Customers.
Refund Policy: The policy that governs refunds for the Service.
Can-Spam Act: United States law that governs commercial email messages and sets requirements for sending such messages.
GDPR: The General Data Protection Regulation, a European Union regulation that sets rules for the processing and protection of personal data.

Availability Guarantee

Provider guarantees that the Service will be available 99.9% of the time in any given month, excluding scheduled maintenance periods.
If the Service availability falls below the guaranteed level due to unscheduled downtime, Customers may request pro-rata credits as described in the Credit Request Procedures section. Pro-rata credits will be calculated based on the amount of time the Customer's subscription was active and the Service was unavailable for the given month, and will be applied to the next billing cycle.
This guarantee does not apply to any disruptions caused by the Customer's actions, force majeure events, or disruptions beyond the Provider's control. The Provider will make reasonable efforts to notify the Customer of any such disruptions and will work to restore the Service as quickly as possible.
The Provider's uptime status page hosted by a third party will be seen as a reliable source of information regarding the Service's availability. The status page can be found at https://hetrixtools.com/r/a9d76dfc08bb844d171cca64f6e683a6/. The third party status page comes with no guarantee of availability and is not part of the Service.

Scheduled Maintenance

Provider may schedule up to one hour of maintenance per month for the purpose of maintaining and upgrading the Service. The Provider will make its best effort to schedule maintenance during off-peak hours and to minimize any impact on the availability of the Service.
The Provider will provide at least 72 hours' advance notice to Customers of any scheduled maintenance via email or other reasonable means of communication. In emergency situations where immediate maintenance is necessary, the Provider may perform such maintenance without prior notice.
During scheduled maintenance, the Service may be temporarily unavailable or may experience reduced performance, but the Provider will work to restore the Service as quickly as possible. The Provider will ensure that any maintenance is completed within the scheduled time period and will not exceed the one-hour limit per month.

Credit Request Procedures

Customers may request credits if the actual uptime for the Service falls below the guaranteed uptime as specified in the sections above.
To request a credit, the Customer must submit a request within 10 days of the unscheduled downtime event.
Requests must be submitted to the SaaS site contact form.
Request must include the time and date of the event, the Customer's account number, and a description of the problem experienced.
Customers may receive credits based on the actual uptime for the Service, as follows:
Less than 99.9% but greater than or equal to 99.0%: 20% of the monthly subscription fee.
Less than 99.0% but greater than or equal to 95%: 30% of the monthly subscription fee.
Less than 95%: 50% of the monthly subscription fee.
The total credit amount shall not exceed the monthly subscription fee. Credits will be applied to the next invoice for the Customer's account and may not be exchanged for cash.
The Provider may, at its sole discretion, investigate the credit request to verify the reported downtime. If the Provider determines that the Customer is entitled to a credit, the credit will be applied to the next billing cycle.

Self-Serve Product and Technical Support

The Service is a self-serve product, and no technical support is included in the subscription.
Technical support can be purchased separately.

Email Usage Policy

Customers must comply with all applicable laws and regulations related to email communication, including but not limited to the CAN-SPAM Act and GDPR. This means that Customers must only request emails be sent to individuals or organizations who have explicitly requested to receive their services or communications. Unsolicited emails or emails sent to invalid addresses may be considered spamming and are strictly prohibited. Invalid addresses are email addresses that do not exist, are no longer in use, or cannot accept email messages.
If the Provider receives reports of spamming or misuse of the Service, they reserve the right to investigate and take appropriate action, including terminating the Customer's account and reporting the activity to relevant authorities. The Customer is solely responsible for the content of their emails, including any links or attachments, and must ensure that their emails comply with all applicable laws and regulations.
The Provider may, at their sole discretion, monitor or block any emails that violate this policy or that are deemed harmful to the Service or other Customers. This includes emails with suspicious links or attachments, or emails that appear to be part of a phishing or fraudulent scheme. If the Provider detects any such emails, they may be blocked or removed without notice.
In summary, Customers should only request emails be sent to recipients who have explicitly requested to receive their services or communications, and must ensure that their emails comply with all applicable laws and regulations. The Provider reserves the right to investigate and take action against any misuse of the Service, including terminating the Customer's account if necessary.

Request Limits and Rate Limits

Each SaaS plan comes with request and rate limits based on the SaaS plan selected.
Requests are defined as actions made by a user, such as logging in or creating an account, and are measured on a monthly basis.
Magic link redirections do not count towards the monthly request limits and are not rate limited unless a malicious user is detected.

Monthly Request Limits

Each email sent consumes one unit from both the monthly email request limit and the monthly total request limit.
The monthly email request limit and monthly total request limit are specified in the SaaS plan.
If the monthly request limit is exceeded, the Provider reserves the right to throttle or block further requests until the next billing cycle.

Rate Limits

The service uses token bucket rate limiting based on the SaaS plan selected. The rate limits are defined as the maximum number of requests that can be made in a given time period.
If the monthly request limit is exceeded, the Provider reserves the right to throttle or block further requests until the next billing cycle.

Malicious User Detection

If a malicious user is detected, Hypoxia, LLC reserves the right to rate limit or block requests from that user or IP address.
The Provider will make commercially reasonable efforts to identify and mitigate malicious users as quickly as possible.

Refund Policy

Customers may request a refund of their subscription fee within 14 days of the date of purchase. To request a refund, the Customer must submit a request using the SaaS site contact form. The request must include the Customer's account number, the reason for the refund, and any other relevant information.
Refunds will only be granted for the initial subscription fee and not for any additional fees or charges. Refunds will not be granted for Customers who have violated the terms and conditions of the Service, including but not limited to the Email Usage Policy.
If the Customer has requested and received any email link requests during the 14-day period, only a partial refund will be given. The partial refund will be calculated based on the number of email link requests received during the 14-day period as a percentage of the total subscription fee paid by the Customer. The Provider will deduct any fees or charges associated with the email link requests from the total refund amount.
Refunds will be processed within 30 days of the Provider's receipt of the refund request. The Provider may, at its sole discretion, investigate any refund request and may deny the request if it is determined that the Customer is not entitled to a refund.
Customers should note that any important data or content from the Service should be retrieved before the termination becomes effective, as the Provider will not be responsible for any loss or damage resulting from the termination of the Service.
In summary, Customers may request a refund of their subscription fee within 14 days of the date of purchase, but only for the initial subscription fee and not for any additional fees or charges. Refunds will not be granted for Customers who have violated the terms and conditions of the Service, including the Email Usage Policy. The Provider will deduct any fees or charges associated with email link requests from the total refund amount. Refunds will be processed within 30 days of the refund request.

Limitation of Liability

The Provider shall not be liable for any indirect, special, incidental, or consequential damages including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use of or inability to use the service, even if the Provider has been advised of the possibility of such damages.
The Provider's total liability to the Customer in connection with this agreement, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount paid by the Customer to the Provider during the twelve (12) month period immediately preceding the event giving rise to the liability.
The limitations of liability set forth in this section shall apply even if the remedies provided in this agreement fail their essential purpose.
The Customer acknowledges that the service is provided "as is" and "as available," without any warranty of any kind, and the Provider makes no representation or warranty, express or implied, with respect to the service, including without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.
The Customer shall indemnify, defend, and hold harmless the Provider from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Customer's use of the service or any breach of this agreement by the Customer.

Termination

Either party may terminate this agreement for cause if the other party breaches any material term or condition of this agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the breach.
Either party may terminate this agreement without cause by giving written notice of termination to the other party at least thirty (30) days prior to the effective date of termination. In the event of such termination, the Customer will remain liable for any fees and charges incurred through the effective date of termination, and no refunds of fees paid will be granted.
Upon termination of this agreement, the Provider will immediately terminate the Customer's access to the service and all Customer data will be permanently deleted from the Provider's systems, unless otherwise required by law. The Provider will not be liable to the Customer or any third party for any damages resulting from the termination of this agreement.
The termination of this agreement will not affect any provisions that, by their nature, should survive termination, including but not limited to, confidentiality, intellectual property, warranty disclaimers, and limitations of liability.
The Customer should ensure that they have retrieved any important data or content from the Service before the termination becomes effective. The Provider will not be responsible for any loss or damage resulting from the termination of the Service. If the Customer requires assistance with retrieving data or content from the Service, the Customer should contact the Provider using the SaaS site contact form.

Governing Law and Jurisdiction

This SLA and any dispute arising out of or related to the Service or this SLA shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflicts of law provisions.
Any legal action or proceeding relating to this SLA or the Service may be brought exclusively in the state or federal courts located in the State of Virginia, and each party hereby consents to the personal jurisdiction of such courts.
The parties further agree that any cause of action arising out of or related to this SLA or the Service must be commenced within one (1) year after the cause of action accrues, or such cause of action is barred.
The prevailing party in any legal action arising out of or related to this SLA or the Service shall be entitled to recover its reasonable attorneys' fees, costs, and expenses.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or invalidity thereof, shall be resolved by final and binding arbitration under the rules of the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.
The arbitration shall be conducted in English in a location mutually agreed upon by the parties or, if the parties cannot agree, in the city where the Provider's principal place of business is located. The arbitrator shall be selected in accordance with the AAA's rules and shall apply Virginia law to the merits of any dispute or claim.
The parties acknowledge that this agreement evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this agreement.
The prevailing party in any arbitration or legal action arising out of or related to this agreement shall be entitled to recover its reasonable attorneys' fees, costs, and expenses.
Nothing in this section shall prevent either party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the parties and the subject matter of their dispute.
Any and all disputes, controversies, or claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Entire Agreement

This SLA, together with any applicable Order Form(s), constitutes the entire agreement between the Customer and Provider with respect to the Service and supersedes all prior and contemporaneous understandings, agreements, negotiations, and discussions, whether oral or written, between the parties.
No modification, amendment, or waiver of any provision of this SLA will be effective unless in writing and signed by both parties.
If any provision of this SLA is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
The failure of either party to enforce any provision of this SLA will not be deemed a waiver of that provision or of the right to enforce that provision.

Modification

Provider may modify this SLA from time to time, and the updated version will be effective upon posting on the Provider's website or providing notice to Customers through email.
Provider will make reasonable efforts to provide advance notice of any material changes to the SLA. However, it is the Customer's responsibility to regularly review the SLA and to continue using the Service only if they agree to the modified terms.
If a Customer does not agree with the modified terms, the Customer may terminate this SLA by providing written notice to Provider. Continued use of the Service after the effective date of any modifications will be deemed acceptance of the modified SLA.
This section does not apply to any modifications to the Service itself, which may be made by Provider at any time in its sole discretion.