Version: 6.0 · Effective Date: June 15, 2026 · Last Updated: June 15, 2026
This Service Level Agreement (“SLA”) forms part of the brainCloud Terms of Service and applies to eligible brainCloud Public Backend-as-a-Service (“Public BaaS”) customers.
Capitalized terms not defined in this SLA have the meanings assigned in the Terms of Service.
Information regarding support plans, support response targets, escalation procedures, and support services may be provided separately by brainCloud and are not part of this SLA unless expressly stated otherwise.
This SLA applies to eligible production deployments utilizing brainCloud Public BaaS Services under qualifying subscription plans designated by brainCloud.
Unless otherwise specified by brainCloud, this SLA applies to:
This SLA does not apply to:
Customer-hosted deployments, Bring Your Own Cloud (“BYOC”) deployments, private licensing arrangements, and other non-public deployments are governed by separate agreements and are not covered by this SLA unless expressly agreed in writing.
Customer remains responsible for:
Nothing in this SLA shall be interpreted as creating uptime commitments for Customer Applications or third-party systems.
“Availability” means the ability of the Public BaaS Services to accept and successfully process requests through the brainCloud platform.
“Downtime” means a period during which the Public BaaS Services are unavailable due to a failure of brainCloud-controlled systems, resulting in a material inability to process requests. Downtime does not include circumstances excluded under Section 10 of this SLA.
“Downtime Period” means a period of at least ten (10) consecutive minutes of Downtime. Intermittent interruptions lasting less than ten consecutive minutes shall not constitute a Downtime Period.
“Monthly Uptime Percentage” means: (Total Minutes in Month – Downtime Minutes) ÷ Total Minutes in Month × 100, excluding Scheduled Maintenance and other exclusions described in this SLA.
“Scheduled Maintenance” means maintenance activities for which brainCloud provides advance notice in accordance with this SLA.
“Emergency Maintenance” means maintenance activities reasonably required to address security threats, operational risks, service instability, legal obligations, or other urgent circumstances.
“Service Credit” means a credit applied to future fees in accordance with Section 7.
“Production Application” means an application designated by Customer and approved by brainCloud as a production application eligible for SLA coverage.
“Status Page” means the brainCloud service status portal located at: https://braincloud.statuspage.io or any successor service designated by brainCloud.
brainCloud shall use commercially reasonable efforts consistent with industry standards to maintain a Monthly Uptime Percentage of at least ninety-nine and nine-tenths percent (99.9%) during each calendar month.
Availability shall be measured using monitoring systems, operational metrics, service telemetry, incident records, and other reasonable operational tools utilized by brainCloud.
brainCloud shall determine Availability in good faith using information reasonably available to it.
brainCloud may publish service incidents, maintenance notices, operational updates, degradation notices, security-related service notifications, and service restoration information through the Status Page.
Customers are encouraged to monitor the Status Page for operational updates.
brainCloud may perform Scheduled Maintenance to support:
Where reasonably practicable, brainCloud will provide at least five (5) days advance notice of Scheduled Maintenance.
Scheduled Maintenance shall not be considered Downtime for purposes of calculating Monthly Uptime Percentage.
brainCloud may perform Emergency Maintenance without prior notice where reasonably necessary to:
Emergency Maintenance shall not be considered Downtime for purposes of calculating Monthly Uptime Percentage where brainCloud reasonably determines that immediate action was necessary to protect the Services.
Availability shall be determined by brainCloud using operational metrics, monitoring systems, service telemetry, platform logs, incident records, and other reasonable operational data maintained by brainCloud.
brainCloud shall determine Availability in good faith based upon information reasonably available to it.
Downtime may include:
Downtime does not include failures caused by:
Performance degradation, latency increases, reduced throughput, intermittent failures, or similar performance issues shall not constitute Downtime unless they result in a material inability to use the affected Public BaaS Services.
brainCloud’s monitoring systems and operational records shall govern for purposes of calculating Monthly Uptime Percentage.
In the event of a dispute regarding Availability, Downtime, or Monthly Uptime Percentage, brainCloud’s operational records, monitoring systems, and incident records shall govern absent manifest error.
If brainCloud fails to meet the Monthly Uptime Percentage commitment described in this SLA, Customer may be eligible to receive Service Credits.
| Monthly Uptime Percentage | Service Credit |
|---|---|
| 99.0% to less than 99.9% | 10% of monthly fees |
| 95.0% to less than 99.0% | 25% of monthly fees |
| Less than 95.0% | 50% of monthly fees |
Service Credits apply only to the affected Production Application and applicable covered Services.
Monthly fees are calculated based on the monthly subscription fees paid for the affected covered Services during the applicable calendar month.
Service Credits shall be applied as credits toward future invoices and shall not be redeemable for cash, refunds, or other compensation unless otherwise required by law.
Service Credits may not be deducted, withheld, offset, or otherwise applied by Customer except as expressly authorized by brainCloud.
Multiple incidents occurring during a calendar month shall not entitle Customer to duplicate credits beyond the maximum credit specified in this SLA.
To receive a Service Credit, Customer must submit a written request within thirty (30) days following the month in which the applicable SLA failure occurred.
Credit requests should include:
brainCloud shall review requests in good faith and determine eligibility based upon its operational records and monitoring data.
Failure to submit a timely request constitutes a waiver of the applicable Service Credit.
The aggregate maximum Service Credit available for any calendar month shall not exceed fifty percent (50%) of the monthly fees paid for the affected Services.
Service Credits are the sole financial remedy available under this SLA.
If the Monthly Uptime Percentage falls below ninety percent (90.0%) during any calendar month, Customer may terminate the affected covered Services by providing written notice to brainCloud within thirty (30) days after the end of that calendar month.
In lieu of termination, Customer may elect to receive the Service Credit available under Section 6.
The termination right described in this Section constitutes Customer’s sole termination remedy arising from SLA failures.
This SLA does not apply to any performance issue, interruption, degradation, outage, or unavailability resulting from:
This SLA applies solely to service availability.
This SLA does not create commitments relating to:
Support response times, support availability, support resolution times, escalation commitments, and support services are governed by applicable Support Plans and are not covered by this SLA
This SLA does not constitute a warranty or guarantee that the Services will operate without interruption or error.
brainCloud will use commercially reasonable efforts consistent with industry practices to maintain service reliability.
Service Credits described in this SLA constitute Customer’s sole and exclusive remedy for any failure by brainCloud to satisfy the Monthly Uptime Percentage commitment.
Nothing in this SLA expands liability beyond the limitations contained in the Terms of Service.
This SLA is intended solely for the benefit of brainCloud and the applicable Customer and creates no rights in favor of any third party.
brainCloud may modify this SLA from time to time to reflect:
Updated versions will be published on the Website together with the revised “Last Updated” date.
Continued use of the covered Services following publication of an updated SLA constitutes acceptance of the revised SLA to the extent permitted by applicable law.
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