Service Availability Policy

1. Introduction & Applicability

This Service Availability Policy sets out how availability commitments and service credits work when they are included in your plan, checkout, invoice, or Order Form. It forms part of, and is incorporated into, the Terms of Service.

This Policy applies only where your plan, checkout, invoice, or Order Form expressly includes an availability commitment. It does not apply to the Free Plan, to Trial use, or to Beta or other pre-release features, all of which are provided without an uptime commitment unless expressly stated. For Enterprise Plans, availability commitments and response targets are set in the Order Form and apply in place of, or in addition to, the standard commitments described here.

Capitalised terms have the meaning given in the Terms of Service. If this Policy conflicts with an Order Form, the Order Form controls; otherwise the order of precedence in the Terms of Service applies.

2. Covered Services

Where an availability commitment applies, it covers the Vexaro-operated Service components identified for the relevant plan or Order Form. Unless that commitment states otherwise, covered components are limited to:

• the control plane: the API, the dashboard, and the signaling service used to establish sessions; and
• relay availability: the relay used to carry session media when a direct connection is not possible (a Vexaro-operated relay service that may run on third-party infrastructure identified in the Subprocessor List).

Availability means that the covered components are reachable and able to accept and respond to valid requests. The relay carries encrypted media between the endpoints; this Policy covers the availability of the relay, not the quality, latency, or throughput of any individual connection, which depend on factors outside Vexaro’s control (Section 3).

3. Excluded

This Policy does not apply to, and uptime is not measured for, any of the following unless expressly included in your plan or Order Form:

• the Free Plan, Trial use, and Beta or other pre-release features;
• any Self-Hosted Deployment and the Customer’s own infrastructure on which it runs;
• the Customer’s own network, devices, configuration, credentials, or internet connectivity, and the networks between the Customer and the Service;
• outages or degradation caused by third parties outside Vexaro’s reasonable control, including third-party networks, public internet, and the Customer’s chosen payment, identity, or connectivity providers;
• scheduled maintenance announced in advance, and emergency maintenance reasonably required to protect the security or integrity of the Service;
• factors attributable to the Customer’s act or omission, breach of the Terms of Service or the Acceptable Use Policy, or suspension arising from such breach; and
• events of force majeure.

Time during which the Service is unavailable for any excluded reason is not counted as downtime when calculating uptime under Section 4.

4. Uptime Calculation

Uptime is measured on a calendar-month basis as the percentage of minutes in the month during which the Covered Services (Section 2) were available. It is calculated as the total minutes in the month minus the Downtime minutes, divided by the total minutes in the month and multiplied by 100.

Downtime minutes are the minutes during which a Covered Service was unavailable, excluding any time attributable to an excluded cause under Section 3. Scheduled maintenance announced in advance is excluded from both total minutes and downtime minutes. The applicable monthly uptime commitment, if any, is the commitment shown for your plan, checkout, invoice, or Order Form.

5. Service Credits

If measured uptime for a calendar month falls below the applicable availability commitment for your plan or Order Form, you may claim the service credit stated for that plan or Order Form. The credit schedule may be shown on the pricing page, in the checkout, in your account, in your invoice, or in your Order Form. Where no credit schedule is stated for the relevant plan or purchase, no service credit applies.

A service credit is applied to a future invoice for the Service unless the relevant checkout provider or Order Form uses a different credit mechanism. Credits are not paid in cash, are not transferable, and do not carry a cash value. Only the credit mechanism applicable to the affected month and affected Covered Services applies. For purchases made through a Merchant of Record or invoiced under an Order Form, an approved credit is applied as described in that provider’s buyer terms or in the Order Form.

6. Claim Process

To claim a service credit, you must submit a request to [email protected] within the claim period stated for your plan or Order Form, except that we may consider a later claim where you show good cause for the delay. Your request should identify the affected month, describe the impact, and include any timestamps or reference information that helps us verify the downtime. Vexaro does not yet publish a public status page; on request, Vexaro will make relevant monitoring data available to substantiate a claim; where Vexaro’s own monitoring shows the commitment was missed, Vexaro will apply the credit without requiring a claim. We will review any claim against our monitoring records, and an approved credit will be applied to a future invoice as described in Section 5. You must have paid all undisputed fees due for the affected period to be eligible for a credit.

7. Sole Remedy

The service credits described in this Policy are the sole and exclusive remedy for any failure by Vexaro to meet the uptime commitment, and are provided in place of any other claim, refund, or damages for missed uptime. Service credits accrue under Section 5 for any qualifying shortfall in uptime, including where the same downtime also results from a breach by Vexaro.

This Section does not limit any non-waivable rights you may have under applicable mandatory rules.

8. Support Response Targets

Vexaro may operate target response times for support requests based on severity and plan tier. These are target response times, not resolution guarantees, and the failure to meet a response target does not entitle you to a service credit under this Policy unless your Order Form expressly states otherwise. Severity definitions, support channels, and the way response targets are assigned are described in the Support Policy. Exact targets, if any, are shown for your plan, checkout, invoice, account, or Order Form.

9. Enterprise

For Enterprise Plans, uptime commitments and support response targets may be customised in your Order Form. Where your Order Form sets a different uptime commitment, credit schedule, or response target, those terms apply in place of the corresponding terms here. All other terms of this Policy continue to apply except to the extent the Order Form states otherwise.

10. Contact

• Service-credit claims and support: [email protected]
• Enterprise availability and contracting matters: [email protected]

Contracting and notice details are provided on invoices and Order Forms.

This document is part of the Vexaro Legal Center.