SLA_V1_2025
Appendix I
Support and Maintenance SLA
Copyright
Copyright 2025, Kubiya Inc. All rights reserved.
The information in this document is subject to change from time to time. No part of this document may be reproduced, stored or transmitted in any form or by any means, electronic or mechanical, for any purpose without the express written permission of: Kubiya Inc.
Kubiya Inc. assumes no liability for any damages incurred, directly or indirectly, from any errors, omissions or discrepancies between the software and the information contained in this document.
This Service Level Agreement (“SLA”) is an integral part of Kubiya Inc. ("Kubiya") Kubiya Order Form (“Agreement”) and subject to the terms, conditions, disclaimers and limitations (including limitation of liability) set forth therein. Defined terms shall have the meaning ascribed to them in the Agreement, unless defined otherwise herein. This SLA provides certain remedies in the event that Kubiya experiences Downtime (as defined below) solely as a result of failure of Kubiya infrastructure. The overall Availability (as defined below) metric, to be provided on a reasonable efforts basis, is 95%, measured by Kubiya on a monthly basis, as set forth herein ("SLA Metric").
LICENSE SUPPORT SERVICES:
| Enterprise | SMB | Startup | |
|---|---|---|---|
| Online Support | √ | √ | √ |
| Technical Documentation | √ | √ | √ |
| SLA (8x5 during PST Business hours) | √ | √ | |
| SLA (24x7) | Available upon request | ||
| Telephone Support During Business Hours | Designated Customer Support Manager | Available upon request | Available upon request |
TERM DEFINITIONS
For the purpose of this SLA, the terms in bold are defined as follows:
Available or Availability
When user account is active and enabled and user has reasonable access to the Platform provided by Kubiya, subject to the exclusions defined in Downtime below.
Error
Errors related to the Platform, which are a verifiable and reproducible failure of the Platform to substantially conform to its published specifications. Notwithstanding the foregoing, “Error” shall not include any failure caused: (i) any Downtime; (ii) by the access, use or operation of the Platform with any other hardware, software or programming languages or in an environment other than intended or recommended by Kubiya; (iii) by any bug, defect, error or malfunction in any hardware or software used with the Platform and not provided by Kubiya or any other failure of any such hardware to conform to its published specifications; (iv) due to modifications, alterations and repairs to the Platform not made by Kubiya, except as authorized in writing by Kubiya; (v) due to misuse, accidents or improper use or access or maintenance not performed by Kubiya; or (vi) due to failure to implement updates and patches.
Total Monthly Minutes
The number of days in the month multiplied by 1,440 minutes per day.
Maintenance Time
The time period during which the Platform may not be Available each month so that Kubiya can perform routine maintenance to maximize performance or upgrade the Platform, on an as needed basis.
Downtime
The total number of minutes that user cannot access the Platform. The calculation of Downtime excludes time that user is unable to access the Platform due to any of the following: (a) Maintenance Time (b) User's own Internet service provider (c) Force Majeure Event (d) Any systemic Internet failures (e) Any failure or fault in user's own hardware, software or network connection or of any system not under the reasonable control of Kubiya or its contractors. (f) User's bandwidth restrictions (g) User's acts or omissions (h) Anything outside of the direct control of Company (i) User's failure to comply with User Responsibility (see Section below), user qualifications and/or user requirements set forth below.
Affected Accounts
User may obtain remedy only for affected accounts residing on the server experiencing Downtime exceeding the SLA Metric.
Maintenance Notices
Kubiya will make reasonable efforts to communicate the date and time that Kubiya intends to make the Platform unavailable via the front page of the support web site at least twenty four (24) hours in advance (or longer if practical). User understands and agrees that there may be instances where Kubiya needs to interrupt the Platform without notice in order to protect the integrity of the Platform due to security issues, virus attacks, spam issues or other unforeseen circumstances. Below are the Maintenance Windows and their definitions:
Emergency Maintenance
These change controls happen immediately with little notification ahead of time; however, Kubiya will send an email with the information soon after or during the change.
Force Majure Event
Such event may include action or inaction of governmental, civil or military authority; fire; strike; lockout or other labor dispute (but not including delays caused by subcontractors or suppliers); flood; war; riot; theft; earthquake and other natural disasters.
Preventative Maintenance
These change controls are when Kubiya detects an item in the environment that Kubiya needs to take action on, to avoid emergency change controls in the future. These change controls, if possible, will usually occur in low peak hours with peak being defined by Kubiya network metrics.
Planned Maintenance
These are change control's being done to:
- Support on-going product and operational projects to ensure optimal performance
- Deploy non-critical service packs or patches.
- Periodic redundancy testing.
Where possible Planned Maintenance will be posted 5-days prior; however, certain circumstances may preclude Kubiya from doing so, such as an external vendor issuing a change control to Kubiya, e.g. the power company alerting Kubiya to perform power testing 48 hours ahead of time, etc.
USER RESPONSIBILITY
Minimum Requirements
The required configurations user must have to access the Platform include:
- Internet connection with adequate bandwidth
- Internet Browser
- Remote access to user environment
- Kubernetes Cluster
- Slack or Teams Account
SERVICE LEVELS
Term of SLA
This SLA shall only become applicable to the Platform upon ninety (90) days from the provisioning of the Platform. This SLA is solely applicable to Kubiya certified providers (i.e. think integrations) and not to support community providers (i.e. custom integrations that the community should own and maintain).
Support and Maintenance
Support and Maintenance refers to Kubiya's responsibilities to address Errors. Kubiya's support may be subject to the support received by Kubiya from its third party hosting providers. Kubiya's support excludes: (i) Downtime; (ii) use of or access to the Platform other than in accordance with the documentation provided by Kubiya; and/or (iii) the combination of the Platform with equipment or software not authorized by Kubiya.
Support and Maintenance do not include: on-site technical support, consulting (redesigning, re-architecting or reconfiguring user's network), support for incompatible products or third party products, training, professional services or related out-of-pocket expenses.
In the event that any problem or error is discovered to fall outside of the scope of the definition of Error, then Kubiya reserves the right to recover all expenses related to the support provided, at the then current prices for such services.
Support hours are 8:00AM – 5:00PM PST (Pacific Standard Time) on US business days 24x7 Support Service level is available upon request for additional fees (“Business Hours”). A request for response to a call during hours which are not Business Hours shall be subject to payment of additional fees in
accordance with Kubiya's professional services rates, unless the User has contracted for and maintains an active 24/7 support service level agreement.
User shall promptly notify Kubiya in detail of any Error immediately upon its knowledge thereof via email support@kubiya.ai.
The following table defines the severity levels and the estimated response and resolution times provided by the Kubiya support team subject to resource availability:
| Severity Level | Definition | Estimated Initial Response Time | Estimated Resolution Time |
|---|---|---|---|
| Emergency Severity Level 1 –Critical | An emergency situation, in which the primary system (i.e. the system supported by Kubiya) produces materially incorrect results, fails catastrophically or is otherwise rendered inoperable and in which all or multiple end users (two or more) simultaneously experience the same failure and the problem is caused directly or indirectly by Kubiya's platform, and Kubiya's platform cannot be terminated or shut down. | Up to 4 Business Hours of notifying Kubiya via email | Best-effort resolution within 24 Business Hours of notifying Kubiya via email |
| Severity Level 2 – Major | Causes downtime of significant functionality or significantly affects a major portion of the Kubiya's system's capacity. | Up to 1 Business Day of notifying Kubiya via email | Best-effort resolution within 5 Business Days of notifying Kubiya via s email |
| Severity Level 3 – Minor | Effects non-critical functionality or causes Downtime of a non-critical part of the system capacity | Acknowledgement up to 2 Business Days of notifying Kubiya via email | Best-effort resolution prioritized by urgency at Kubiya's sole discretion |
| Minor problem that does not impact the service | Planned updates or releases | Planned updates or releases |
As part of the support services provided by Kubiya herein, Kubiya will make available to user updates to the Platform, if and when Kubiya makes such updates generally available for no additional charge to its other customers then covered by maintenance services with similar terms.
Measurement
Kubiya uses a proprietary system to measure whether the Platform is Available and user agrees that said Kubiya system will be the sole basis for resolution of any dispute that may arise between user and Kubiya regarding this SLA.
Availability is calculated based on the following formula:
A = (T – M – D) / (T – M) x 100%
A = Availability
T = Total Monthly Minutes
M = Maintenance Time
D = Downtime
[Providing credit in the event of unavailability is customary, however you can decide to delete/revise, at your discretion]
| Availability | SLA Credit Amount of applicable Service Monthly Fee for Affected Seats |
|---|---|
| > 94% but < 95% | 5% |
| < 94% | 7% |
PROCEDURE
If Kubiya confirms that Kubiya is not in compliance with the SLA Metrics, User will receive service credits applicable exclusively toward Kubiya's upgraded service offerings and premium features ("Upgrade Credits"), as sole and exclusive remedy for any breach of the SLA/Platform/Agreement, corresponding to Kubiya's response as set forth in the table above, solely for the affected SLA Metric in respect of the Affected Accounts for the affected month. Upgrade Credits may be redeemed solely for the purpose of accessing and utilizing Kubiya's upgraded service tiers, enhanced features, and premium functionality. Please note that Upgrade Credits can only be issued to accounts that are in good standing with all invoices paid and up to date. The Upgrade Credits shall be calculated in accordance with Kubiya's then-current service credit conversion rates for upgraded services.
The remedy set forth herein is subject to the disclaimers and limitation on liability set forth in the Agreement.