Service Level Agreement

1. Company Details

• Product: Aerivity
• Operated by: Xharvoc Ltd.
• Company Number: 16590285
• Jurisdiction: England and Wales
• Registered Office: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
• Support contact: [email protected]
• Legal contact: [email protected]

2. Scope

This SLA applies to the Aerivity software platform accessible at aerivity.com, including:

• the core application and all features available under the Customer's active subscription plan;
• the API endpoints used by the platform;
• the Customer-facing reporting, scheduling, invoicing, and CRM modules;
• the Aerivity clinic directory and associated public pages where hosted by Xharvoc Ltd.

This SLA does not apply to:

• third-party integrations or services accessed through Aerivity (including payment processors, email providers, or external data sources);
• service degradation caused by the Customer's own systems, network, or devices;
• beta, preview, or experimental features explicitly labelled as such;
• any service provided under a separate bespoke agreement, which will define its own SLA terms.

3. Service Availability

3.1 Uptime Commitment

Xharvoc Ltd. commits to a monthly platform uptime target of:

Uptime is measured on a rolling calendar month basis and excludes scheduled maintenance windows (see Section 3.3).

3.2 Uptime Calculation

Uptime percentage is calculated as:

Uptime % = ((Total minutes in month − Unplanned downtime minutes) ÷ Total minutes in month) × 100

Unplanned downtime is defined as a period during which the core platform is inaccessible or functionally unavailable to all or substantially all Customers, not caused by a scheduled maintenance window or an excluded event under Section 7.

3.3 Scheduled Maintenance

Scheduled maintenance windows are used for planned updates, infrastructure changes, and performance improvements. We will:

• provide at least 48 hours' advance notice for routine scheduled maintenance via the platform dashboard or email;
• aim to schedule maintenance during low-traffic periods (typically between 00:00 and 05:00 UTC);
• provide at least 7 days' advance notice for major platform upgrades where significant disruption is anticipated.

Scheduled maintenance periods are excluded from uptime calculations.

4. Incident Severity and Response Times

All times stated are measured from the point at which an incident is reported to Aerivity support or first detected by our monitoring systems, whichever is earlier.

Business hours are defined as Monday to Friday, 09:00–18:00 UK time (GMT/BST), excluding UK public holidays.

Resolution times are targets, not guarantees. Complex issues may require longer resolution depending on root cause, third-party dependencies, or the nature of the incident.

5. Incident Communication

For P1 and P2 incidents, Xharvoc Ltd. will:

• post an initial status update within the initial response window;
• provide progress updates at least every 2 hours until the incident is resolved or downgraded;
• issue a post-incident summary within 5 business days of resolution, upon request.

Customers may report incidents and check service status via:

• Support email: [email protected]
• In-app support: via the help widget within the Aerivity platform

6. Data Backup and Recovery

6.1 Backup Frequency

Customer Content stored on the Aerivity platform is backed up with the following targets:

6.2 Recovery Objectives

These targets apply to platform-wide recovery scenarios. They do not apply to accidental deletion of data by the Customer or its Users, which is subject to the available export and data management tools within the platform.

7. Exclusions

Downtime or degradation caused by any of the following is excluded from uptime calculations and does not constitute a breach of this SLA:

• scheduled maintenance windows notified in advance (see Section 3.3);
• events beyond Xharvoc Ltd.'s reasonable control, including internet infrastructure failures, distributed denial-of-service attacks, third-party provider outages (including Supabase, Cloudflare, or other infrastructure providers), natural disasters, government actions, or changes in law;
• the Customer's own systems, browsers, network, or internet connectivity;
• third-party integrations not operated by Xharvoc Ltd.;
• Customer actions that cause degradation, including misuse, unauthorised access attempts, or breach of the Terms of Use;
• beta or preview features explicitly labelled as such.

8. Service Credits

Where Aerivity fails to meet the monthly uptime commitment in Section 3.1 due to unplanned downtime (excluding events in Section 7), the Customer may be eligible for a service credit applied to a future billing period:

Credits must be requested within 30 days of the affected calendar month by contacting [email protected]. Credits are the sole and exclusive remedy for uptime failures and do not affect any other rights under the Terms of Use or applicable law. Credits are applied as account credit and are not redeemable for cash.

9. Customer Responsibilities

To enable Aerivity to meet the commitments in this SLA, Customers agree to:

• maintain valid account credentials and promptly notify us of any suspected security issues;
• use the platform in accordance with the Terms of Use and acceptable use policy;
• provide timely access, information, and approvals where requested by our support team;
• maintain their own backups of critical data where operationally important, in addition to platform backups;
• make payments in accordance with their subscription terms to ensure uninterrupted access.

Delays or failures caused by the Customer's actions or inaction may affect our ability to meet response and resolution targets and will not be counted against Aerivity's SLA obligations.

10. Payment and Suspension

Subscription payment terms are governed by the Aerivity Terms of Use. In summary:

• where fees remain unpaid after the due date and following reasonable notice, Xharvoc Ltd. reserves the right to suspend platform access;
• suspended accounts may result in loss of access to Customer Content within the platform, though data will be retained for a reasonable period in accordance with our data retention practices;
• services are reinstated upon receipt of full outstanding payment.

11. Data Protection and Security

Xharvoc Ltd. processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the terms of the applicable Data Processing Agreement.

Security measures applied to the Aerivity platform include, but are not limited to:

• encryption of data in transit (TLS) and at rest;
• role-based access controls and row-level security;
• multi-factor authentication for privileged access;
• audit logging and access monitoring;
• regular review of security configurations and infrastructure.

Any notifiable personal data breach affecting Customer data will be reported to affected Customers and, where legally required, to the Information Commissioner's Office (ICO), within 72 hours of becoming aware of the breach.

12. Escalation Matrix

If an issue is not resolved within the target timescales in Section 4, Customers may escalate as follows:

13. Intellectual Property

The Aerivity platform, software, documentation, and brand assets are owned by Xharvoc Ltd. and protected by intellectual property laws. Customers retain ownership of their Customer Content. This SLA does not transfer any intellectual property rights. Full intellectual property terms are set out in the Aerivity Terms of Use.

14. Termination

This SLA remains in effect for the duration of the Customer's active subscription. It terminates automatically upon termination or expiry of the subscription.

Upon termination of a subscription:

• Customers will be provided with a reasonable data export window before deletion of Customer Content;
• the duration of the export window will be communicated at the time of termination;
• following the export window, Customer Content may be permanently deleted in accordance with our data retention practices and the applicable Data Processing Agreement.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Xharvoc Ltd.'s liability under this SLA is limited to the service credits set out in Section 8. Nothing in this SLA creates liability beyond the limitations set out in the Aerivity Terms of Use.

Nothing in this SLA excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under the laws of England and Wales.

16. Force Majeure

Xharvoc Ltd. shall not be in breach of this SLA or liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including internet infrastructure failures, third-party platform outages, cyberattacks, natural disasters, government actions, pandemics, or acts of war. In such circumstances, Xharvoc Ltd. will use reasonable endeavours to notify affected Customers and restore normal service as quickly as practicable.

17. Governing Law

This SLA is governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this SLA shall be subject to the dispute resolution process set out in the Aerivity Terms of Use and, failing resolution, to the exclusive jurisdiction of the courts of England and Wales.

18. Updates to This SLA

Xharvoc Ltd. may update this SLA from time to time. Material changes will be communicated to Customers via the platform or by email at least 30 days before taking effect. Continued use of Aerivity after the effective date of an updated SLA constitutes acceptance of the revised terms.

19. Contact

For SLA queries, incident reports, or service-related escalations:

• Support: [email protected]
• Legal: [email protected]
• General contact: aerivity.com/contact
• Xharvoc legal hub: xharvoc.co.uk/legal