Service Level Agreement

Last updated: 20.09.2023

Fugo's commitment is to offer a highly available and reliable service. This Service Level Agreement (“SLA”) underscores Fugo’s commitment to transparency and delivering a high level of service to our customers ("you").

Significant amendments to this SLA will be communicated through email to our customers. Minor amendments may be made without a direct notification, and the date of such updates will be marked at the beginning of this SLA.

Definitions:

• "Apps" designate the suite of applications available on Fugo’s platform, allowing the visualization of user-created content or data from Third Party Connections.
• "App Store" refers to Fugo’s digital storefront accessible via user accounts for acquiring Apps.
• "Billing Cycle", “Guidelines”, and “Charges” hold the meanings ascribed in the Fugo Terms and Conditions.
• "Service Availability" quantifies the operational performance and availability of the Fugo platform on a monthly basis.
• "The Fugo Platform" or "Platform" relates to the Fugo content management system that is licensed to you, permitting the display of content on screens linked to your account using endorsed players.
• "Third Party Connections" or "External Integrations" are interfaces and connections with third-party services allowing for content integration with the Fugo Platform.
• "Service Compensation" refers to a financial credit that can be assigned to your account, in adherence with this SLA.

1. Service Availability

We commit to sustaining a 99.99% availability of the Fugo Platform each calendar month, barring the exceptions mentioned below. If we fall short of this commitment, you will qualify for Service Compensation.

2. Apps

We acknowledge the critical nature of smooth operation of External Integrations and commit to addressing any disruptions or discrepancies within 48 hours of being notified. While we can’t be held liable for any permanent issues with Third Party Connections, you retain the right to cancel your subscription as outlined in Fugo Terms and Conditions clause 4.

3. Service Compensation

If the availability of the Fugo Platform falls below 99.99%, excluding the exclusions mentioned below, Service Compensation will be computed as a percentage of the total Charges paid by you (excluding one-off payments) for the affected Billing Cycle, as outlined below.

• Less than 99.99% but ≥ 99.0%: 10% Service Compensation
• Less than 99.0% but ≥ 95.0%: 30% Service Compensation
• Less than 95.0%: 100% Service Compensation

4. Exclusive Remedy and Constraints

Service Compensation is applicable solely to future Charges under the Fugo Terms and Conditions and do not authorize refunds or other financial compensations. This is your exclusive remedy for any failure to meet the service availability metrics outlined in this SLA.

5. Requesting Service Compensation

Claims should be forwarded within 30 days to support@fugo.io, delineating the missed commitment and its timing. Approved claims will receive Service Compensation; if disputed, an explanatory response will be provided.

6. SLA Exclusions

Our obligations under this SLA are nullified, and no Service Compensation will be rendered for unachieved 99.99% Service Availability due to:

1. Any misuse or unauthorized modifications of the Fugo Platform by the user.
2. Inconsistent use with the prevailing Guidelines.
3. Unauthorized amalgamation of the Fugo Platform with other offerings.
4. Failures on the user@apos;s part to maintain adequate internet connectivity or using unsupported browsers and operating systems.
5. Uncontrollable external factors, including force majeure events and internet connectivity issues.
6. Scheduled maintenance announced beforehand via the Fugo platform.