Service Level Agreement (SLA)

This Service Level Agreement (“SLA”) describes the uptime commitment that ContractorCTO LLC (“DATAx”, “we”, “us”, or “our”) makes for the DATAx Service.

This SLA applies to customers subscribed to the Pro or Enterprise subscription tiers. Customers on the Free or Standard tiers do not receive SLA commitments.

1. Definitions

• “Service” means the DATAx cloud-based construction management platform, including all associated APIs, integrations, and core functionality, but excluding Beta Features and third-party services.
• “Uptime” means the percentage of time during a calendar month that the Service is available and operational.
• “Downtime” means any period during which the Service is unavailable or not accessible to Customer due to reasons within DATAx's control, excluding Excused Downtime.
• “Excused Downtime” means downtime resulting from: (a) scheduled maintenance for which DATAx provided at least 24 hours' notice, (b) Customer's breach of the Agreement, (c) Customer's equipment, network, or internet connection issues, (d) Force Majeure events, (e) failures of third-party services or infrastructure outside DATAx's control, (f) Beta Features, or (g) actions or omissions of Customer or Customer's Authorized Users.
• “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus Downtime minutes, divided by the total number of minutes in that month, expressed as a percentage.

2. Service Commitment

2.1 Uptime Commitment

DATAx commits to the following Monthly Uptime Percentage for eligible subscription tiers:

• Pro Tier: 99.5% Monthly Uptime Percentage
• Enterprise Tier: 99.5% Monthly Uptime Percentage with priority incident response

This means the Service may experience no more than approximately 3 hours and 37 minutes of Downtime per month (excluding Excused Downtime).

2.2 Measurement

Uptime is measured using DATAx's internal monitoring systems, which continuously check Service availability from multiple geographic locations. Measurements are taken every 60 seconds and recorded for monthly calculations.

2.3 Scheduled Maintenance

DATAx may perform scheduled maintenance on the Service. We will:

• Provide at least 24 hours' advance notice via email, in-app notification, or status page for scheduled maintenance
• Perform routine maintenance during non-peak hours (typically between 2:00 AM and 6:00 AM Eastern Time) whenever possible
• Minimize the duration of scheduled maintenance

Scheduled maintenance windows are considered Excused Downtime and do not count against the Monthly Uptime Percentage.

2.4 Emergency Maintenance

In the event of a critical security issue or system failure, DATAx may perform emergency maintenance without advance notice. We will provide notice as soon as reasonably practicable and work to restore Service as quickly as possible. Emergency maintenance necessary to address security vulnerabilities or prevent data loss is considered Excused Downtime.

3. Exclusions

This SLA does not apply to:

• Free and Standard Tiers: Customers subscribed to Free or Standard subscription tiers are not covered by this SLA
• Beta Features: Any features, functionality, or services labeled as alpha, beta, preview, early access, or similar designations
• Third-Party Services: Unavailability or performance issues caused by third-party services (including but not limited to JOBTREAD, Stripe, or internet service providers), unless such services are Sub-processors used by DATAx for core Service functionality
• Customer-Caused Issues: Unavailability resulting from Customer's actions, omissions, or breach of the Agreement, including but not limited to: excessive API usage, abuse of the Service, or unauthorized modifications
• Customer Equipment and Network: Issues with Customer's equipment, network, internet connectivity, or local environment
• Force Majeure: Events beyond DATAx's reasonable control, including natural disasters, acts of terrorism, labor disputes, pandemics, government actions, internet backbone failures, or distributed denial of service (DDoS) attacks
• Security Incidents: Unavailability necessary to address security vulnerabilities or respond to security incidents
• Scheduled Maintenance: Downtime during scheduled maintenance windows for which DATAx provided advance notice as specified in Section 2.3

4. Performance and Response Time

4.1 Target Performance

While not guaranteed, DATAx strives to maintain the following performance targets for the Service:

• Page Load Time: Average page load time under 3 seconds for standard dashboard pages under normal load conditions
• API Response Time: Average API response time under 500 milliseconds for standard queries (excluding complex data processing or large data transfers)
• Data Synchronization: JOBTREAD data synchronization typically completes within 15 minutes, depending on data volume and complexity

These are performance targets, not commitments. Performance may vary based on factors including network conditions, data volume, query complexity, and user load.

4.2 Support Response Times

DATAx commits to the following support response times for Pro and Enterprise customers:

Response times are measured during business hours (9:00 AM to 5:00 PM Eastern Time, Monday through Friday, excluding U.S. federal holidays). Enterprise tier includes 24/7 monitoring for Critical (P1) issues with best-effort response outside business hours.

Note: Response times indicate when DATAx will provide an initial response acknowledging the issue and providing a plan for investigation and resolution. Resolution times vary based on the complexity of the issue. Critical (P1) severity is reserved for complete Service outages only; partial functionality issues are classified as High (P2) or lower.

5. Monitoring and Status

5.1 Status Page

DATAx maintains a public status page that displays:

• Current operational status of the Service and major components
• Historical uptime data
• Scheduled maintenance windows
• Real-time incident updates
• Incident postmortems for significant outages

5.2 Incident Communication

During Service incidents, DATAx will:

• Post updates to the status page in real-time as information becomes available
• Send notifications to affected customers via email and in-app notifications for critical incidents
• Provide estimated time to resolution when available
• Post a postmortem report within 5 business days of resolution for significant incidents affecting Pro and Enterprise customers

5.3 Proactive Monitoring

DATAx employs proactive monitoring and alerting systems that:

• Monitor Service availability, performance, and error rates 24/7
• Alert DATAx engineering teams automatically when thresholds are exceeded
• Enable rapid incident detection and response
• Track key performance indicators and service health metrics

6. Data Backup and Recovery

6.1 Backup Procedures

DATAx performs regular automated backups of Customer Data to protect against data loss:

• Continuous Replication: Real-time data replication across multiple availability zones
• Daily Backups: Full daily backups retained for 7 days
• Weekly Backups: Weekly backups retained for 30 days
• Monthly Backups: Monthly backups retained for 12 months (Enterprise tier only)

6.2 Recovery Objectives

DATAx strives to meet the following recovery objectives, though these are targets and not guarantees:

• Recovery Time Objective (RTO): 4 hours for Pro tier, 2 hours for Enterprise tier (time to restore Service operations after a major incident)
• Recovery Point Objective (RPO): 24 hours (maximum data loss in the event of catastrophic failure)

These objectives apply to DATAx's infrastructure failures and do not apply to data loss caused by Customer actions, such as accidental deletion or modification of data.

6.3 Customer Responsibility

While DATAx performs regular backups, Customer is responsible for:

• Maintaining separate backups or copies of critical data
• Regularly exporting data using the Service's export functionality
• Testing data recovery procedures as needed
• Promptly reporting any data integrity issues or losses

7. Modifications to SLA

DATAx may modify this SLA from time to time. Material changes to this SLA will be communicated to affected customers at least 30 days in advance via:

• Email notification to the primary account administrator
• In-app notification
• Notice posted on the DATAx website and status page

Modifications will not apply retroactively. Continued use of the Service after the effective date of modifications constitutes acceptance of the modified SLA.

8. Relationship to Terms of Service

This SLA is incorporated into and forms part of the DATAx Terms of Service. In the event of any conflict between this SLA and the Terms of Service, this SLA will control with respect to matters specifically addressed in this SLA. All other terms of the Terms of Service remain in full force and effect.

Limitations of liability, disclaimers, and other provisions in the Terms of Service apply to this SLA except as specifically modified herein.