Service Level Agreement

ESXPress commits to 99.9% uptimefor Volume+ subscribers, measured on a monthly calendar basis (“Monthly Uptime”). Uptime is calculated as:

• Scheduled Maintenance: Planned maintenance windows are communicated at least 48 hours in advance via email and the in-app notification center. Scheduled maintenance is excluded from the Monthly Uptime calculation.
• Emergency Maintenance: In rare circumstances requiring immediate action (critical security patches, zero-day vulnerabilities), we may perform emergency maintenance with minimal or no advance notice. Emergency maintenance is excluded from the Monthly Uptime calculation for up to 2 hours per incident.
• Measurement: Uptime is tracked via our uptime monitoring systems, which check the ESXPress API and core application endpoints. The monitoring data is the sole source of truth for Uptime calculations.

If Monthly Uptime falls below 99.9%, Volume+ subscribers are entitled to service credits applied to their next billing cycle. Credits are calculated as a percentage of your monthly subscription fee ($999) and are applied automatically once a claim is validated.

• Application: Credits are applied as a discount to your next monthly billing cycle only. Credits do not carry over, cannot be redeemed for cash, and are not transferable to other accounts.
• Maximum Credit: The maximum credit in any single month is 50% of your monthly subscription fee, regardless of the total duration of downtime.
• Annual Subscribers: If you are on an annual Volume+ plan, credits are calculated against the effective monthly rate and applied to your next annual renewal or issued as account credit, at our discretion.
• Sole Remedy: Service credits are your sole and exclusive remedy for any failure to meet the uptime commitment described in this SLA. Credits do not constitute a right to terminate your subscription or receive a refund.

The following circumstances are excluded from the Monthly Uptime calculation and are not eligible for service credits:

• Force Majeure: Events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor strikes, governmental action, widespread internet outages, or infrastructure failures at the regional or internet-backbone level.
• Customer-Caused Outages: Downtime resulting from your actions or omissions — including misconfiguration of your environment, exceeding rate limits or conversion caps, uploading malicious content, or any use of the Service that violates our Terms of Service.
• Third-Party Service Outages: Interruptions caused by third-party platforms and infrastructure providers whose services ESXPress depends on but does not control, including but not limited to Cloudflare (CDN, DNS, DDoS protection), Supabase (database hosting), Stripe (payment processing), and DeepSeek or other AI model providers (inference APIs). We will use commercially reasonable efforts to mitigate the impact of third-party outages and to communicate status updates promptly.
• Beta and Trial Accounts: This SLA applies exclusively to paid Volume+ subscriptions. Free trial accounts, beta program participants, demo accounts, and any non-Volume+ subscription tiers (Starter, Professional, Enterprise) are not covered by this SLA.
• Scheduled Maintenance Windows: As described in Section 1, planned maintenance announced at least 48 hours in advance is excluded from uptime calculations.
• Account Suspension: Downtime during periods where your account is suspended due to non-payment, violation of our Terms, or at your request.

To request a service credit, you must submit a claim within the specified window. Claims submitted after the deadline will not be honored.

• Submission Window: Claims must be submitted within 7 calendar days after the end of the month in which the downtime occurred. For example, if downtime occurred in March, your claim must be received by April 7.
• How to Submit: Send an email to [email protected] with the subject line “SLA Credit Claim — [Month] [Year]” (e.g., “SLA Credit Claim — March 2026”). Include your account email address, the dates and approximate times of the downtime you experienced, and a brief description of the impact.
• Verification: Upon receiving your claim, we will cross-reference it against our independent uptime monitoring data. All uptime determinations are made at our sole discretion based on objective monitoring records. We may request additional information to validate your claim.
• Response Time: We will acknowledge your claim within 2 business days and provide a determination within 10 business days. If the claim is validated, the service credit will be applied to your next billing cycle automatically.
• Disputes: If you disagree with our determination, you may request a secondary review by replying to the claim determination email within 5 business days. The secondary review decision is final.

We reserve the right to modify this SLA with 30 days’ advance notice to active Volume+ subscribers. Material changes will be communicated via email and an in-app notification. Continued use of Volume+ after the effective date of a modified SLA constitutes acceptance of the revised terms. If you do not agree to the changes, you may downgrade or cancel your subscription before the changes take effect.