Service Level Agreement (SLA)

§ 1 Subject Matter and Scope

1. This Service Level Agreement (hereinafter "SLA") defines the quality and availability commitments of octoja for the operation of the octoja RMM platform (hereinafter "Platform").
2. The availability values and response times defined in this SLA do not constitute guarantees in the legal sense but describe the service level targeted by octoja. Shortfalls exclusively entitle to the credits defined in this SLA and not to any further claims for damages.
3. This SLA applies exclusively to the core functionalities of the Platform operated by octoja itself. For third-party services (e.g., ThreatDown, Lywand, Acronis), the respective SLAs of the corresponding providers apply; octoja does not assume any availability commitments in this regard.

§ 2 Availability Commitment

1. Target Availability: octoja aims for a monthly availability of the Platform of 99.0%, measured across all calendar days of a calendar month (24/7), excluding the exceptions defined in § 3.
2. Availability Calculation:
   Availability (%) = ((Total minutes in month − unplanned downtime minutes)
     / Total minutes in month) × 100

   Planned maintenance windows (§ 3 para. 1) and outages from the exceptions listed in § 3 para. 2 are not counted as downtime in the calculation.

3. Measurement: The internal monitoring system of octoja is authoritative for measuring availability. In the event of a dispute, the contractual partner may present their own measurement evidence; in case of doubt, octoja's measurements shall prevail unless the contractual partner can demonstrably prove clearly deviating values.

§ 3 Exceptions to the Availability Commitment

1. Planned Maintenance Windows: octoja is entitled to temporarily restrict the Platform for maintenance, updates, and security-relevant measures. Planned maintenance windows are announced at least 48 hours in advance by email or via the Platform dashboard. The preferred regular maintenance window is Saturday 10:00 PM to Sunday 6:00 AM (CET/CEST). The monthly allowance for planned maintenance is a maximum of 8 hours.
2. Non-accountable Downtimes: The following events are not counted as downtime under this SLA:
   • Disruptions to the internet connection or network infrastructure at the contractual partner or their end customers,
   • large-scale outages of the hosting provider's data centre infrastructure that simultaneously affect a large number of its customers and cannot be mitigated despite the Platform's redundant setup,
   • outages of third-party services used by the contractual partner via the Platform (e.g., ThreatDown, Lywand, Acronis, Microsoft 365, Featurebase; current overview at https://octoja.de/en/features/integrations),
   • Outages due to force majeure (natural disasters, pandemics, power outages, governmental orders),
   • Outages due to cyberattacks, DDoS attacks, or external security incidents, insofar as octoja had taken reasonable protective measures,
   • Outages attributable to faulty configuration or improper use by the contractual partner or their resellers,
   • Outages during an ongoing security incident where a shutdown is necessary to protect data,
   • Outages of beta, test, or preview features that are expressly marked as such.

§ 4 Incident Classes and Response Times

octoja classifies incidents into the following severity levels and targets the response and resolution times below. The stated times are target values and not binding deadlines; they apply only during support hours pursuant to § 5.

1. Response times begin upon receipt of a complete incident report via the ticket system (Featurebase) or the official octoja support channel.
2. Resolution times refer to the targeted time until resolution or provision of a permanent workaround. For complex incidents that depend on third-party providers, the resolution times expressly do not apply.
3. octoja reserves the right to adjust the classification of an incident at its own discretion.

§ 5 Support Hours

1. octoja's technical support is available during the following hours:
   • Weekdays (Mon–Fri): 09:00–17:00 (CET/CEST), excluding public holidays at octoja's registered office
   • Outside support hours: Incident reports can be submitted via the ticket system at any time; processing takes place on the next business day.
2. For P1 incidents (Critical), octoja will also strive for an initial response within 8 hours outside regular support hours, provided the incident was reported via the designated emergency channel.
3. 24/7 support is not part of this SLA and can be agreed upon separately.

§ 6 Reporting Procedure

1. Incidents must be reported exclusively via octoja's ticket system (Featurebase) or the officially communicated support channel. Reports via other channels (e.g., direct email to employees, phone without ticket creation) do not start the response time clocks.
2. A complete incident report contains at minimum:
   • Description of the problem and affected functions,
   • Time of occurrence,
   • Affected systems or user accounts,
   • Diagnostic steps already taken,
   • Proposed severity classification.
3. octoja is entitled to defer incomplete reports until the required information is available. The response time only starts upon receipt of a complete report.

§ 7 Credits for Failure to Meet Target Availability

1. If octoja falls below the target availability pursuant to § 2 in a calendar month, the contractual partner may request a credit according to the following schedule:

   Monthly Availability	Credit
   98.0% – < 99.0%	5%
   95.0% – < 98.0%	10%
   < 95.0%	15%

2. Exclusion of Further Claims: The credits pursuant to para. 1 represent the sole and exclusive remedy for failure to meet the target availability. Further claims for damages – in particular for lost profits, consequential damages, or damages at the contractual partner's end customers – are excluded. This is without prejudice to liability under § 6 of the Terms of Use (in particular for intent, gross negligence, injury to life, body or health, as well as the limited liability for breach of material contractual obligations) and to claims under the Product Liability Act.
3. Application: Credits must be requested by the contractual partner in writing from octoja within 30 days after the end of the affected calendar month. Late applications will not be considered.
4. Credits will be offset against the next due license fee. Cash payment is excluded.
5. Credits will not be granted if the contractual partner was in payment default at the time of the incident.

§ 8 Amendments to the SLA

1. octoja reserves the right to amend this SLA with a notice period of at least 30 days. Amendments will be communicated by email or via the Platform.
2. Material deteriorations of the availability commitments compared to the current status entitle the contractual partner to extraordinary termination of the contract at the time the amendment takes effect.