Service Level Agreement

1. Definitions

• Monthly Uptime Percentage — the total number of minutes in a calendar month minus the number of minutes of Downtime, divided by the total number of minutes in the calendar month, expressed as a percentage.
• Downtime — a period during which the Service is materially unavailable to Users, meaning the ordering website and/or admin dashboard are inaccessible or unusable. Downtime is measured from the time the Provider confirms the outage or is notified by the User.
• Scheduled Maintenance — planned maintenance periods announced at least 48 hours in advance, during which the Service may be temporarily unavailable.
• Service Credit — a credit applied to the User's Account as compensation for Downtime exceeding the SLA commitment.

2. Platform Availability Commitment

2.1. Uptime Target

The Provider commits to maintaining a Monthly Uptime Percentage of at least 99.5% for the FoxiFood platform. This target covers:

• Restaurant ordering websites hosted on the FoxiFood platform;
• The restaurant admin dashboard;
• The order processing and notification systems;
• The API (where available).

2.2. Uptime Calculation

Monthly Uptime Percentage = ((Total Minutes in Month - Downtime Minutes) / Total Minutes in Month) × 100

Example: In a 30-day month (43,200 minutes), a 99.5% uptime allows for a maximum of 216 minutes (3 hours 36 minutes) of Downtime.

3. Exclusions from Downtime

The following events are excluded from the Downtime calculation and do not count against the uptime commitment:

• Scheduled Maintenance announced at least 48 hours in advance;
• Force Majeure events as defined in the Terms of Service (natural disasters, pandemics, armed conflicts, cyber attacks of unprecedented scale, etc.);
• Outages caused by actions or omissions of the User (misconfiguration, DNS changes, domain expiry, etc.);
• Internet connectivity issues on the User's or end customer's side;
• Outages of third-party services on which the platform depends (Stripe payment processing, DNS providers, CDN, domain registrars);
• Outages of the underlying cloud infrastructure provider (DigitalOcean) that are beyond the Provider's control;
• DDoS attacks or other malicious external attacks, to the extent that they cannot be reasonably mitigated;
• Features explicitly designated as 'beta' or 'experimental'.

4. Scheduled Maintenance

• Maintenance windows are typically scheduled during low-traffic hours: 2:00–5:00 AM CET on weekday nights;
• Users are notified at least 48 hours in advance via email or in-Service notification;
• Emergency maintenance (critical security patches, urgent fixes) may be performed without advance notice — the Provider will notify Users as soon as practicable;
• The Provider aims to limit scheduled maintenance to no more than 4 hours per month.

5. Incident Response Times

The Provider classifies incidents by severity and commits to the following response and resolution targets:

Response time is measured from the time the Provider acknowledges the incident (during business hours: Monday–Friday, 9:00–17:00 CET). Resolution target is a goal, not a guarantee — complex issues may require additional time.

6. Support Channels

• Email support: [email protected] — available during business hours (Monday–Friday, 9:00–17:00 CET);
• All support requests should include: Account email, description of the issue, steps to reproduce (if applicable), and screenshots or error messages;
• Critical incidents (complete service outage) may be reported at any time and will be addressed as soon as possible, including outside business hours.

7. Service Credits

7.1. Credit Schedule

If the Monthly Uptime Percentage falls below the 99.5% target, the User may request a Service Credit according to the following schedule:

7.2. Credit Conditions

• Service Credits must be requested within 30 calendar days of the affected month;
• Requests must include the dates and times of observed Downtime;
• Service Credits are applied to the next Billing Period and are non-transferable;
• Service Credits cannot be converted to cash or monetary refund;
• The maximum total Service Credit in any single month shall not exceed 50% of that month's Subscription fee;
• Service Credits are the User's sole and exclusive remedy for Downtime.

8. Data Backup and Recovery

• Automated daily backups of all User Data;
• Backup retention period: minimum 30 calendar days;
• Backups stored in a geographically separate location from the primary infrastructure;
• Recovery time objective (RTO): 4 hours for critical data restoration;
• Recovery point objective (RPO): maximum 24 hours of data loss in the worst case.

Despite these measures, the User is responsible for maintaining their own backups through the Service's data export functions, as outlined in the Terms of Service.

9. Reporting and Transparency

The Provider will:

• Notify Users of significant incidents via email within a reasonable timeframe;
• Provide post-incident reports for Critical and Major incidents upon request;
• Communicate planned changes to this SLA at least 30 days in advance.

10. SLA Modifications

The Provider reserves the right to modify this SLA with at least 30 calendar days' advance notice. Changes will be communicated via email to the address registered in the User's Account. If a change materially reduces the service level commitments, the User may terminate the Agreement as of the last day of the current Billing Period.

11. Contact

For SLA-related inquiries, incident reports, or Service Credit requests, contact us at: [email protected]

Elite Digital Services, LLC
1111B S Governors Ave #21653
Dover, DE 19904, USA