Service Level Agreement

Version 1.0 — Effective August 3, 2026 (posted July 4, 2026)

This Service Level Agreement ("SLA") is provided by Oystercatcher, LLC, a Connecticut limited liability company ("Oystercatcher," "we," "our," or "us"), and supplements the Terms of Use or, where applicable, the Master Subscription Agreement. This SLA applies to Growth and Enterprise subscriptions, and to any subscription whose Order Form expressly incorporates this SLA. Free, Free Trial, and Starter plans are provided as-is and without any SLA. Capitalized terms not defined here have the meanings given in the Terms of Use.

1. Definitions

"Monthly Uptime Percentage" means 100% minus the percentage of minutes in a calendar month during which the platform's core application — the services available at app.oystercatcher.ai and api.oystercatcher.ai — was Unavailable.

"Unavailable" means that the core application (app.oystercatcher.ai and api.oystercatcher.ai) is not responding to, or returns server errors for, substantially all requests, or material functionality of the Service is inoperable for Customer's users, as measured by Oystercatcher's monitoring systems; Oystercatcher will consider in good faith documented evidence of unavailability submitted by the customer.

2. Service Commitment

We will use commercially reasonable efforts to make the core application available with a Monthly Uptime Percentage of at least 99.9% in each calendar month. The remedies in Sections 4 and 7 apply based on the measured Monthly Uptime Percentage, regardless of the efforts used.

3. Exclusions

The calculation of Monthly Uptime Percentage excludes, and no service credits accrue for, unavailability caused by or attributable to:

• Scheduled maintenance announced at least 48 hours in advance, scheduled where reasonably practicable outside of 6:00 a.m.–9:00 p.m. U.S. Eastern on business days, not to exceed 4 hours per calendar month;
• Emergency security maintenance;
• Force majeure events, as described in the Terms of Use;
• Failures of Customer's or its Users' equipment, software, or network connections, or of third-party services procured by Customer;
• Suspension or termination of access permitted under the Terms of Use; and
• Beta, preview, early-access, or similarly designated features.

For clarity, failures of Oystercatcher's own hosting and infrastructure providers are not excluded.

4. Service Credits

If the Monthly Uptime Percentage for a calendar month falls below the commitment, the customer is eligible for a service credit calculated as a percentage of the monthly fee attributable to the affected month:

For annual subscriptions, the "monthly fee" is one-twelfth of the annual subscription fee. Service credits apply only against future invoices, have no cash value, are not refundable, and are capped in the aggregate at 50% of the affected month's fee.

5. Claim Process

To receive a service credit, the customer must email [email protected] within 30 days after the end of the calendar month in which the incident occurred. The claim must include the dates and times of the claimed unavailability and, if available, supporting logs or error records. We will validate claims against our monitoring data, which will be the basis for determining whether a service credit is due. Claims submitted after the 30-day window are waived.

6. Exclusive Remedy

Service credits under this SLA are the customer's sole and exclusive remedy, and our sole and exclusive liability, for any failure of the Service to meet the availability commitment in this SLA.

7. Chronic Failure

If the Monthly Uptime Percentage falls below the Section 2 commitment for three (3) consecutive calendar months, or below 95.0% in any single calendar month, the customer may terminate the affected subscription upon written notice to [email protected] within 30 days and receive a pro-rata refund of prepaid, unused fees.

Contact

Oystercatcher, LLC
SLA claims and support: [email protected]
Legal inquiries: [email protected]