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Draft under legal review. This document is published for transparency during the Early Adopter phase and is not yet in force. Items marked as pending are being finalised.

PeopleWare CPS — Service Level Agreement (SLA) — Enterprise Plan

Last updated: [PENDING: effective date]

This Service Level Agreement ("SLA") is provided by GeniusDiagram Unip Lda, a single-member private limited company incorporated under the laws of Portugal, with registered office at Rua 1.º de Dezembro, 47 - 3.º Dto., 2700-670 Amadora, Portugal and tax identification number PT515101290 ("GeniusDiagram"), trading as "PeopleWare" / "PeopleWare CPS", and applies only to customers on the Enterprise Plan of the PeopleWare CPS service. It forms part of, and is subject to, the Terms of Service.

1. Definitions

1.1 "Monthly Uptime Percentage" means the percentage of minutes in a calendar month during which the Service's production API and pricing engine are available, calculated as: (total minutes in the month − Downtime minutes) ÷ total minutes in the month × 100.

1.2 "Downtime" means minutes during which the Service is unavailable, excluding: (a) planned maintenance notified at least 48 hours in advance; (b) force majeure events and other causes beyond GeniusDiagram's reasonable control (including failures of the Customer's e-commerce platform, the Customer's hosting, third-party networks or the public internet); (c) unavailability caused by the Customer's acts, omissions, Schemas or misuse of the Service; (d) suspension permitted under the Terms of Service.

1.3 "Business Hours" means [PENDING: exact support hours, e.g. 09:00–18:00], Monday to Friday excluding Portuguese public holidays, in the WEST (Lisbon) time zone.

2. Uptime Commitment

2.1 GeniusDiagram commits to a Monthly Uptime Percentage of at least 99.5%.

2.2 Uptime is measured by GeniusDiagram's monitoring systems, whose records are authoritative absent manifest error. [PENDING: public status page URL, if/when available.]

3. Support

3.1 Support is provided during Business Hours via [PENDING: support channels — email address / portal].

3.2 Severity levels and first-response targets (for paid accounts):

Severity Definition First response target
Critical Production Service unavailable or pricing engine returning incorrect results platform-wide, with no workaround 4 business hours
High Major feature impaired; material impact on production use; workaround may exist 1 business day
Normal General questions, minor issues, cosmetic defects, feature requests 2 business days

3.3 First-response targets are response commitments, not resolution commitments. GeniusDiagram will use commercially reasonable efforts to resolve issues promptly in accordance with their severity.

4. Service Credits

4.1 If the Monthly Uptime Percentage falls below 99.5% in a calendar month, the Customer is entitled to a service credit calculated as a percentage of the monthly fee for the affected month:

Monthly Uptime Percentage Service credit (% of monthly fee)
Below 99.5% (but ≥ 99.0%) 10%
Below 99.0% (but ≥ 97.0%) 25%
Below 97.0% 50%

4.2 Claim procedure. Credits must be requested in writing to [PENDING: support/billing email] within 30 days of the end of the month in which the incident occurred, with sufficient detail to verify the claim. Late claims are forfeited.

4.3 Credits are applied against future invoices for the same subscription. Service credits are not redeemable for cash refunds and have no monetary value outside the subscription. Credits in a given month cannot exceed 50% of that month's fee.

4.4 Exclusive remedy. Service credits under this SLA are the Customer's sole and exclusive remedy for any failure to meet the uptime commitment.

5. Exclusions

This SLA does not apply: (a) during free trials or the beta / early access period; (b) to the Starter or Pro Plans; (c) to features identified as beta, preview or experimental (including AI Features output quality); (d) where the Customer is in breach of the Terms of Service, including payment default.

6. Changes

GeniusDiagram may update this SLA in accordance with the change-of-terms mechanism in the Terms of Service; changes will not materially reduce the service levels during a paid Enterprise subscription period already in progress.