Service Level Agreement

1. Applicability

1.1 This Service Level Agreement (the "SLA") applies only to paid subscription plans or Orders that expressly include the relevant service levels.

1.2 This SLA supplements the Master Terms of Service and the Data Service Terms. Capitalized terms not defined here have the meanings given in those documents.

1.3 Free Tools, Beta Services, preview services, trial services, evaluation services, experimental services, non-production services, and any services not expressly covered by an eligible paid plan or Order are excluded from this SLA. For clarity, a no-fee account plan does not include SLA entitlements unless ClearSKY expressly states otherwise in writing.

1.4 The remedies expressly set out in this SLA are Customer’s sole and exclusive remedies for the corresponding service level failures.

2. Definitions

2.1 "Available" means the covered API or covered hosted Data Service function successfully receives and processes Valid Requests, subject to the measurement rules and exclusions in this SLA.

2.2 "Covered Service" means the production authentication, Customer Dashboard, ordering and order-status APIs, imagery search and discovery APIs, access to completed Delivered Data, and ClearSKY-managed delivery endpoints expressly included in Customer’s paid plan or Order. Satellite acquisition, Source Data availability, and imagery production timing are not Covered Services for availability purposes and are addressed separately in Sections 5 and 6 and the Data Service Terms.

2.3 "Applicable Plan Fee" means the recurring service-plan fee actually paid or payable for the affected account for the affected calendar month, after discounts and any permitted first-month proration but before applying a Service Credit. It excludes Monitoring charges, Single Image charges, supplier-priced commercial imagery, taxes, and all other usage or pass-through charges. If an Enterprise or other bundled arrangement does not state a standalone service-plan fee, the applicable Order Form will state the amount used as the Applicable Plan Fee for this SLA.

2.4 "Downtime" means a period during which a Covered Service is Unavailable, expressed as the sum of Unavailability Fractions and excluding any event listed in Section 8.

2.5 "Monthly Uptime Percentage" means:
(Total minutes in the relevant calendar month - Downtime) / Total minutes in the relevant calendar month × 100

2.6 "Original Data Provider" means an upstream provider of primary source data used in connection with the Data Services.

2.7 "Service Credit" means a noncash contractual adjustment applied to a future eligible invoice or required Order Prepayment for the affected account. Service Credits are not refundable, not payable in cash, and not transferable.

2.8 "Timeliness Commitment" means the next-day delivery target described in Section 5 for eligible plans only.

2.9 "Image Artifact" means a material visual defect in Delivered Data introduced by ClearSKY’s processing and not primarily caused by source-data limitations, atmospheric conditions, known limitations of remote sensing imagery, customer instructions, or excluded events under this SLA.

2.10 "Valid Request" means a production request that complies with the Documentation, uses valid credentials, remains within the applicable documented limits, and is otherwise supported. Customer-caused errors, invalid requests, and requests exceeding documented limits are not Valid Requests.

2.11 "Production Telemetry" means ClearSKY’s production request logs, error and timeout records, health checks, synthetic monitoring, and incident records used to measure service availability.

2.12 "Unavailability Fraction" means, for a given minute, the proportion of Valid Requests to a Covered Service that fail because of a ClearSKY-controlled timeout, server-side error, authentication failure, or inability to access completed Delivered Data. Where traffic is insufficient for a meaningful calculation, ClearSKY may use synthetic monitoring for that minute.

2.13 "Support Hours" means 09:00–17:00 Europe/Copenhagen time on Monday through Friday, excluding Danish public holidays, unless the applicable Order Form states another support schedule.

2.14 "P1 Incident" means a Customer-reported incident in which a Covered Service used in production is materially unavailable and no reasonable workaround is available.

3. Plan-Based Service Levels

3.1 The service levels under this SLA depend on the subscription plan or other commercial terms applicable to Customer:

• Professional: 98.0% Monthly Uptime Percentage only.
• Legacy Starter: 97.0% Monthly Uptime Percentage only. This plan is not available for new subscriptions.
• Legacy Growth: 98.0% Monthly Uptime Percentage only. This plan is not available for new subscriptions.
• Business: 99.0% Monthly Uptime Percentage, plus the Timeliness Commitment in Section 5 and the Quality Remedy in Section 6.
• Enterprise: 99.5% Monthly Uptime Percentage, plus the Timeliness Commitment in Section 5 and the Quality Remedy in Section 6, unless otherwise stated in the applicable Order Form.

3.2 If Customer has a custom or negotiated plan, the applicable Order Form controls to the extent it expressly departs from this SLA.

4. Availability Commitment and Service Credits

4.1 ClearSKY will use commercially reasonable efforts to meet the Monthly Uptime Percentage applicable to Customer’s plan for each calendar month.

4.2 If the Monthly Uptime Percentage for a Covered Service falls below the applicable plan threshold in a calendar month, Customer may be eligible for a Service Credit for that month as follows:

4.3 Regardless of the number of affected Covered Services, incidents, or claims, all availability Service Credits for an account in one calendar month are capped in aggregate at one hundred percent (100%) of the Applicable Plan Fee for that month.

4.4 For avoidance of doubt, Professional and legacy Starter and Growth plans are eligible only for the availability commitments in this Section and do not receive the Timeliness Commitment or Quality Remedy unless expressly stated otherwise in an Order Form.

4.5 Service Credits apply only to future eligible charges and expire twelve (12) months after issuance, unless otherwise required by law or stated in an applicable Order Form. Service Credits do not constitute cash, a payment to ClearSKY, or customer-owned funds or stored value.

4.6 Availability Service Credits compensate only a failure of the platform availability commitment in this Section. They do not reduce or credit Monitoring charges, Single Image charges, supplier-priced commercial imagery, taxes, or other usage or pass-through charges. Timeliness and image-quality issues are governed separately by Sections 5 and 6, the Data Service Terms, and the applicable Order.

4.7 ClearSKY calculates availability from Production Telemetry for each Covered Service and Customer where technically practical. Where customer-level measurement is not technically meaningful, ClearSKY may use the applicable platform-wide measurement. Partial request failures contribute proportionally through the Unavailability Fraction rather than automatically counting as a complete minute of Downtime.

4.8 Production Telemetry is the primary availability record. ClearSKY will reasonably consider Customer evidence of a customer-specific failure that may not appear in ClearSKY’s records.

5. Timeliness Commitment for Eligible Plans

5.1 This Section applies only to Business and Enterprise plans, or other plans or Orders that expressly include the Timeliness Commitment.

5.2 For eligible Live Data updates, ClearSKY will use commercially reasonable efforts to make the relevant Delivered Data available by 10:00 CET/CEST on the next scheduled delivery day after receipt of the required and processable source inputs for the relevant processing cycle.

5.3 The Timeliness Commitment applies only where:

• the relevant Covered Service includes Live Data processing;
• the relevant Order and configuration are valid and supported;
• required source inputs have been received and are processable;
• no exclusion under Section 8 applies; and
• Customer’s own systems, credentials, storage destination, and integration points are functioning correctly.

5.4 Customer is encouraged to use the applicable data-availability or equivalent discovery endpoints described in the Documentation to programmatically detect when new data is actually available.

5.5 If required source inputs are delayed or unavailable, including due to delays by an Original Data Provider, orbital events, collision avoidance, upstream maintenance, or other external causes, the Timeliness Commitment is suspended for the affected data until the relevant exclusion no longer applies.

5.6 Where reasonably necessary to maintain continuity of service, ClearSKY may continue producing outputs using fallback workflows, substitute processing methods, or without one or more missing source inputs. Such fallback operation does not by itself constitute a breach of this SLA.

5.7 If an eligible update misses the Timeliness Commitment for a reason within ClearSKY’s control, ClearSKY will prioritize the delayed output, make its status available or communicate it to Customer, and continue production without an additional processing or delivery charge. ClearSKY will provide an updated delivery estimate when one is reasonably available.

5.8 An eligible update that is subsequently delivered does not receive an automatic imagery credit solely because of delay, unless the applicable Order Form expressly states otherwise.

6. Quality Remedy for Eligible Plans

6.1 This Section applies only to Business and Enterprise plans, or other plans or Orders that expressly include the Quality Remedy.

6.2 If Customer identifies a suspected Image Artifact in Delivered Data from a Covered Service, Customer must report it to ClearSKY within thirty (30) days after the relevant data was made available.

6.3 The report must include reasonably sufficient supporting details, including the affected dataset, delivery date, AOI or location, relevant order or request identifiers, and evidence sufficient for ClearSKY to investigate the issue.

6.4 ClearSKY will acknowledge a sufficiently detailed quality claim within two (2) business days and will communicate whether it qualifies after reasonably completing its review.

6.5 If ClearSKY determines, acting reasonably, that the issue is a qualifying Image Artifact, ClearSKY will use commercially reasonable efforts to perform one reprocessing attempt for the affected output and will provide status information if completion is materially delayed.

6.6 ClearSKY will make a materially corrected output available without an additional imagery, processing, download, or delivery charge for that corrected output.

6.7 If a confirmed ClearSKY-created Image Artifact in a Single Image Order cannot be materially corrected through the reprocessing attempt, Customer will receive a Service Credit equal to one hundred percent (100%) of the affected Single Image charge. This remedy does not apply to source-data limitations or any exclusion under Section 8.

6.8 The Quality Remedy in this Section is the sole and exclusive remedy for Image Artifacts. No additional credit, refund, or other compensation will be due unless expressly stated in a signed written agreement.

6.9 ClearSKY may reject a quality claim where the reported issue is primarily caused by source-data limitations, atmospheric conditions, expected remote-sensing limitations, customer configuration, unavailable upstream inputs, or any exclusion in Section 8.

7. Enterprise Incident Support

7.1 This Section applies to Enterprise plans unless the applicable Order Form states another support schedule.

7.2 ClearSKY will provide a meaningful human response to a properly submitted P1 Incident within four (4) Support Hours. The response will acknowledge ownership, provide an initial assessment where reasonably possible, and identify the next action. An automated receipt does not satisfy this response target, and the target is not a resolution-time commitment.

7.3 Other Enterprise production-support requests receive an initial response within one (1) business day. Customer must use the support or emergency channel identified in the Dashboard or applicable Order Form and provide reasonably sufficient impact and diagnostic details.

7.4 During a P1 Incident, ClearSKY will provide material updates when new information, a workaround, mitigation, or restoration is available. ClearSKY does not promise updates at a fixed hourly cadence unless the applicable Order Form states otherwise.

7.5 On request, ClearSKY will provide a written incident summary for a qualifying incident causing at least sixty (60) minutes of Downtime, normally within ten (10) business days after restoration. The summary may be limited as reasonably necessary for security, confidentiality, privilege, or third-party restrictions.

8. Exclusions

The service levels in this SLA do not apply to, and Downtime, delays, or quality issues will be excluded to the extent caused by:

• planned maintenance notified electronically at least five (5) calendar days in advance, provided that excluded planned maintenance does not exceed four (4) hours in a calendar month;
• emergency maintenance reasonably required to address an urgent security, integrity, legal, or material operational risk, with prompt notice where advance notice is not reasonably practicable;
• beta, preview, trial, free, evaluation, experimental, or non-production services or features;
• Customer’s misuse of the Services or breach of the agreement;
• Customer systems, integrations, credentials, infrastructure, storage destinations, networks, browsers, firewalls, or software;
• unsupported configurations, invalid requests, malformed geometries, invalid inputs, or non-compliance with Documentation;
• suspension or restriction permitted under the agreement;
• internet congestion, DNS failures, telecommunications failures, or extraordinary third-party infrastructure events outside ClearSKY’s reasonable control that could not reasonably have been prevented or mitigated through ClearSKY’s contracted architecture; ordinary failures of providers selected by ClearSKY are not automatically excluded;
• Source Data delays, unavailability, corruption, quality issues, licensing restrictions, or failures of Original Data Providers or other upstream data providers;
• force majeure events or events beyond ClearSKY’s reasonable control; or
• actions taken by ClearSKY to preserve security, integrity, legal compliance, or abuse prevention.

9. Claim Process

9.1 To receive a Service Credit under Section 4, Customer must submit a written claim to ClearSKY at info@clearsky.vision within thirty (30) days after the end of the affected calendar month.

9.2 The claim must include reasonably sufficient information for ClearSKY to validate the claim, including the affected service, relevant dates and times, request logs or error evidence where available, and a description of the impact. Customer logs are not required where Production Telemetry or a ClearSKY incident record already confirms the qualifying failure.

9.3 ClearSKY may deny claims that are late, incomplete, unsupported, duplicative, or based on excluded events under Section 8.

9.4 ClearSKY will decide a complete qualifying claim within thirty (30) calendar days. If a claim is approved, ClearSKY will apply the corresponding Service Credit to the next eligible charge, invoice, or billing cycle for the affected account. ClearSKY may issue a Service Credit without requiring a claim where its own records confirm eligibility.

10. Changes to this SLA

10.1 ClearSKY may update this SLA from time to time in accordance with the Master Terms of Service.

10.2 If a material change adversely affects Customer’s service level rights for a paid Covered Service, ClearSKY will provide notice in accordance with the Master Terms of Service.