UpRock Service Level Agreement

I. General

This Service Level Agreement ("SLA") is incorporated into and forms an integral part of UpRock's Terms of Service (the "Terms"). It complements the Terms; in case of any conflict, the terms of this SLA will govern with respect to service levels. Capitalized terms not defined herein have the meanings assigned to them in the Terms. This SLA applies to all UpRock clients and covers the three core services provided by UpRock, as defined below, on a best-effort basis without guaranteed remedies.

II. Scope of Services Covered

This SLA covers UpRock Services. Unless otherwise specified, the service level commitments and support standards in this SLA apply equally to all Services.

III. Relationship to Terms

This SLA is a part of the Terms between UpRock and the Client. It does not replace or override any general terms, including disclaimers or limitations of liability, set forth in the Terms. Rather, it provides additional details on service levels and support. No provision of this SLA shall be interpreted as a legal guarantee or as creating any financial liability for UpRock beyond what is stated in the Terms or herein. UpRock may update this SLA from time to time to reflect changes in our services or support practices; notice of material updates will be provided to clients in accordance with the Terms.

IV. Service Availability and Uptime Commitment

UpRock will use commercially reasonable efforts to maintain a high level of availability for its Services. Our target uptime for the UpRock platform and all core Services is 99.9% availability during each calendar month. This means UpRock strives to ensure that the Services are operational and accessible at least 99.9% of the time, as measured over a one-month period. This uptime figure is a performance target and best-effort standard, not a firm guarantee.

1. Definition of Uptime:"Uptime" is defined as the time during which the core functionality of the Service is available and responsive, excluding scheduled maintenance periods (defined below) and events outside UpRock's control. Conversely, "Downtime" refers to a period when the Service is unavailable or not operational for the client, excluding permitted exceptions. UpRock monitors uptime via its internal systems and will report on service status through a status page or similar official channel for transparency.
2. Scheduled Maintenance:UpRock may periodically conduct scheduled maintenance or upgrades to ensure the security and performance of the Services. UpRock will make reasonable efforts to schedule maintenance during off-peak hours and to provide advance notice to clients for any planned service downtime. Any scheduled maintenance windows for which notice has been provided ("Permitted Downtime") are not counted as Downtime for the purposes of uptime calculations. In other words, maintenance periods announced in advance are excluded from the 99.9% uptime target.
3. Exclusions from Uptime Calculation:The uptime commitment above does not apply to any service unavailability or performance issues resulting from factors outside of UpRock's reasonable control or other excluded conditions.
   1. Downtime or issues caused by force majeure events or other circumstances not within UpRock's control, such as natural disasters, acts of government, widespread Internet outages, or power failures in the general Internet infrastructure.
   2. Any voluntary actions or configurations by the Client that result in service unavailability (for example, the client's own manual suspension of a monitoring job or misconfiguration of their systems that prevent access).
   3. Downtime caused by the Client's equipment, software, or third-party services failures, or by any third-party software or technology that is not within UpRock's control.
   4. Suspensions of service as a result of the Client's breach of the Terms or violation of UpRock's Acceptable Use Policy (for example, if UpRock temporarily suspends an account for non-payment or misuse, such downtime is excluded).
   5. Beta services or trial services that are offered on an as-is, non-production basis (any uptime representations for such services are non-binding).

UpRock's 99.9% uptime target is a best-effort provision. While we endeavor to meet or exceed this level of availability, UpRock does not offer a guaranteed uptime or warrant that the Services will be completely free of interruption or errors. Minor downtimes or service issues, while rare, may occur as part of normal operations. The Client acknowledges that UpRock's Services are provided via complex networks and systems and that uninterrupted or error-free service cannot be guaranteed.

V. Support Levels and Incident Management

UpRock provides technical support to Clients to resolve issues with the Services. Different levels of support are offered based on the severity of the issue:

1. Critical Issues (P0):P0 refers to a critical issue – typically a complete outage or a severe problem affecting core Service functionality for the Client (for example, the Uptime Monitoring service failing to collect any data, or the Web Data Extraction service being entirely non-operational for the Client's tasks). For P0 level critical incidents, UpRock offers 24/7 support coverage. Clients can report critical outages at any time, and UpRock's on-call engineers will be notified immediately. UpRock will use best efforts to respond promptly (typically within minutes) to P0 issues and work continuously (around the clock) to resolve the problem or provide a workaround. In the event of a widespread outage affecting many Clients, UpRock will also broadcast outage communications (e.g. via email or a status page) to keep clients informed of the situation and progress toward resolution.
2. Non-Critical Issues (P1, P2, etc.):Non-critical issues are those that do not halt core service functionality – for example, a minor degradation in performance, an isolated error affecting a non-essential feature, or general usage questions. Such issues will be handled during UpRock's standard business hours. For purposes of this SLA, "Business Hours" are defined as the normal working hours on weekdays (e.g., Monday through Friday, 9:00 AM to 5:00 PM local time, excluding holidays) in the region where support is provided. UpRock's support team will respond to P1/P2 issues in a timely manner, generally following industry-standard response times based on severity. This typically means an initial response within one business day or sooner, and ongoing updates during Business Hours until resolution. UpRock shall provide technical support for such issues via email, support ticket, or other designated channels. Issues will be prioritized such that higher-severity (P1 major) issues are addressed before lower-severity (P2 minor) issues, with the goal of resolving all support requests as efficiently as possible.

Incident Reporting and Response: Clients are encouraged to report any service problems through the official support channels. When reporting an incident, the Client should provide as much detail as possible (e.g. error messages, time of occurrence, scope of impact) to assist UpRock in diagnosing the issue. UpRock will classify the issue according to its severity (P0/P1/P2, as defined above) and respond accordingly. UpRock will keep the Client informed of progress, especially for critical issues.

In the case of a critical outage (P0), UpRock may send out proactive communications to all affected Clients without requiring a support ticket, to acknowledge the issue and report status updates.

Outage Communications: UpRock maintains a Service Status page (or similar status notification system) to communicate the real-time availability of its Services and any ongoing outages or incidents. In the event of a significant service disruption, UpRock will post updates on this status page and, where applicable, may also notify Clients via email or in-app notification. Clients subscribed to outage notifications will receive timely updates. UpRock will strive to provide the following information during an outage: a description of the issue, the scope of impact, the steps being taken to resolve it, and an estimated timeframe for resolution (if known). After resolution, UpRock may issue a post-incident report or summary explaining the root cause and measures taken to prevent future occurrences (particularly for major incidents).

Support Contact: Clients can reach UpRock support via the designated support email or ticketing system as provided in the Terms or on UpRock's website. For P0 emergencies outside of Business Hours, this contact will be monitored 24/7. UpRock may also provide an emergency hotline or direct paging mechanism for critical issues (details would be provided to Clients upon onboarding if available). Support is offered in English unless otherwise agreed.

VI. Service-Specific Commitments and Terms

1. Uptime & Performance Monitoring
   1. Continuous Monitoring:UpRock's Uptime & Performance Monitoring service uses a decentralized network of devices and probes to continuously check the availability and performance (e.g., response time) of the Client's designated websites or applications. UpRock will use best efforts to ensure that monitoring is conducted at regular intervals (as per the Client's plan or configuration) and that data on uptime and performance is promptly collected and reported.
   2. Performance Alerts:As part of this service, UpRock will generate alerts when a monitored asset experiences downtime or when performance metrics fall below agreed thresholds. For example, if a website becomes unreachable or if response times exceed a set limit, the system will create an alert. UpRock will deliver these alerts to the Client's designated contact channels (such as email, SMS, or dashboard notifications, as configured). UpRock strives to send out performance alerts in real-time or near real-time upon detecting an issue. However, the Client acknowledges that this service is also provided on a best-effort basis; UpRock does not guarantee that every single outage or performance anomaly will be detected or reported at the exact moment it occurs. Factors such as the frequency of checks, internet network conditions, or issues in the notification medium (e.g., email delays) can impact alert timeliness. In any case, UpRock will do its utmost to ensure high reliability in its monitoring and alerting system, and any failures of the monitoring service itself will be treated as incidents under this SLA.
   3. Data Accuracy and Completeness:UpRock will endeavor to provide accurate monitoring data and avoid false positives/negatives in alerts. The performance metrics and uptime calculations reported are based on data collected from multiple locations to improve accuracy. Minor discrepancies (for instance, differences caused by a localized network issue that is not widespread) may occasionally occur. The Client is encouraged to configure multiple monitoring nodes or verification steps for critical assets to reduce false alarms. UpRock disclaims responsibility for any consequences of missed or false alerts, though we will continually improve the service to minimize these occurrences. The Service is provided "as is" and UpRock does not warrant that the monitoring will be uninterrupted or error-free.
   4. Outage Resolution for Monitoring Service:If the Monitoring Service itself experiences an outage (for example, the UpRock platform fails to perform checks or deliver alerts for a period of time), UpRock will address this as a P0 incident internally. Such an outage would count against UpRock's own uptime commitment. Clients may not receive monitoring data or alerts during the UpRock service outage, but UpRock will restore functionality as a priority and, if applicable, notify Clients per the incident management process above.
2. Web Data Extraction (Scraping-as-a-Service)
   1. Service Description:UpRock's Web Data Extraction service performs automated retrieval of data from target websites as specified by the Client. This may involve scraping web pages, APIs, or other online resources. The service includes data collection, formatting (as needed), and delivery of the extracted data to the Client (for example, via API response, file download, or cloud storage, according to what has been arranged).
   2. Best-Effort Data Retrieval:UpRock will use commercially reasonable efforts to successfully extract and deliver the requested data for the Client. This includes managing proxy rotation, CAPTCHA solving, or other techniques as part of UpRock's solution to overcome common web scraping challenges. However, the Client understands that the success of data extraction can depend on third-party websites that UpRock does not control. Websites may change their HTML structures, employ anti-scraping measures, or experience their own downtime. Therefore, UpRock does not guarantee a 100% success rate in data extraction for every request. In the event that a target website is consistently blocking or cannot be scraped with available methods, UpRock will inform the Client and may suggest alternative approaches or require adjustments (such as reduced request rates or use of different proxy pools).
   3. Timeliness of Data Delivery:UpRock strives to complete scraping jobs and deliver data in a timely manner. Many scraping requests will be fulfilled near-real-time or within seconds/minutes via API. For larger or batch extraction tasks, UpRock will provide an estimated completion time. Any timelines provided for data delivery are estimates and not guarantees. If a specific delivery deadline is critical, the Client should communicate that requirement, and UpRock will attempt to accommodate it on a best-effort basis. Delays can occur due to target site slowness, data volume, or the need to throttle requests to avoid bans. A delay in delivering scraped data, in and of itself, does not constitute a breach of this SLA so long as UpRock is making diligent efforts. UpRock will keep the Client informed if a scraping task is taking significantly longer than expected and will share the reasons for the delay.
   4. Service Availability for Scraping:The Web Data Extraction service is subject to the same 99.9% platform uptime target. An "outage" of the scraping service would mean that UpRock's scraping system is completely unavailable or failing (for reasons within UpRock's control), such that the Client's requests cannot be processed at all. Such an event would fall under the general uptime commitment and incident management process. By contrast, if a particular scraping job fails due to issues with the target website (e.g., target site is down or blocking requests), this is not considered UpRock service downtime – however, UpRock will notify the Client and treat it as a support issue to the extent possible (helping the Client adjust scraping parameters or retried at later time).
   5. Compliance and Safe Usage:UpRock will not knowingly violate any applicable laws or regulations in performing web data extraction. If UpRock determines that fulfilling a scraping request would violate law or third-party rights (for example, if the data requested is personal data in a jurisdiction where special consent is needed, or if scraping a particular site is illegal), UpRock reserves the right to refuse or suspend that specific data extraction task in order to remain compliant (in line with the Terms and the Acceptable Use Policy). The Client is responsible for ensuring they have the right to access and use the data they request via the scraping service, and that their use of the service is lawful. Any limits or conditions in the Terms regarding target sites (such as respecting robots.txt or not scraping sites that have anti-automation terms) remain applicable. These compliance-related issues, if they arise, would typically be handled outside the SLA as part of general Terms enforcement.
   6. Quality of Data & Liability:UpRock aims to deliver accurate and complete data as found on the target websites. However, UpRock does not guarantee that the data extracted will be fit for any particular purpose or free of errors (for instance, if the source information itself is incorrect or changes during extraction). Limitations of liability apply to any errors or omissions in the extracted data. UpRock's responsibility is to use best efforts in extraction; the ultimate use of the data by the Client is at the Client's risk.
3. Load Testing / Stress Testing
   1. Service Description:UpRock's Load Testing service generates artificial traffic load against the Client's specified servers, applications, or APIs to simulate heavy usage conditions. The purpose is to help the Client evaluate performance, reliability, and scalability of their systems under stress. UpRock uses its distributed network and testing tools to create the desired load (e.g., number of virtual users or requests per second) as per the test plan agreed with the Client.
   2. Test Planning and Scheduling:Load tests are typically scheduled in advance in coordination with the Client. The Client should provide UpRock with the necessary details of the target system, desired test parameters (such as peak traffic levels, test duration, and any specific scenarios to simulate), and preferred time windows for testing. UpRock will work with the Client to finalize a test plan. While UpRock will make best efforts to start and complete tests at the agreed times, exact scheduling may be subject to change based on resource availability or last-minute adjustments (for example, if the target environment or network conditions dictate a change). If a test needs to be rescheduled (due to UpRock's constraints or at the Client's request), UpRock will promptly communicate and arrange an alternative schedule. Minor deviations (e.g., a test starting a few minutes later than planned due to system preparation) shall not be considered a breach of this SLA.
   3. Execution and Performance:During the load test, UpRock will monitor both the load generation and the target system's responses (to the extent data is available or provided by the Client's instrumentation). UpRock commits to execute the test steps as per the plan. If UpRock's load generation infrastructure encounters an issue (for example, a generator node crashes or the test is interrupted due to an UpRock system fault), UpRock will treat that as an internal incident. If the interruption is significant, UpRock may either re-run the test or extend the test duration to achieve the intended load profile, and such an event would be addressed under the uptime/support commitments (for instance, if the UpRock service outage prevents the test from running, it is effectively downtime for the Load Testing service).
   4. Risks and Client Responsibilities:The Client acknowledges that load/stress testing inherently carries certain risks to the target systems. By requesting and authorizing a load test, the Client accepts that the target website or application may experience slowdowns, errors, or even crash as a result of the test traffic. UpRock will not intentionally exceed the agreed load parameters, but even within planned load levels, there is a risk of service disruption on the target environment. UpRock shall not be liable for any direct or indirect consequences of the load test on the Client's systems or any third-party systems. This includes, but is not limited to: potential downtime of the Client's production systems, data loss, or any damage resulting from the stress test conditions. It is strongly recommended that Clients conduct load tests on non-production or staging environments, or during maintenance windows for production systems, and that they backup any critical data beforehand. The Client is solely responsible for obtaining any necessary authorization if the target system is not owned by the Client (for example, if the Client is asking to stress-test an API provided by a third party, they must have permission to do so). UpRock reserves the right to require written confirmation that the Client has appropriate rights to perform the test, and to refuse a test that appears likely to breach any law or third-party rights.
   5. During-Test Communications:UpRock will keep an open line of communication with the Client during an active load test (typically via a real-time channel like a conference call, chat, or similar, if requested), especially for large tests. This allows the Client to convey any observations (for example, if they want to stop the test upon seeing certain failures in their system) and for UpRock to inform the Client of any anomalies observed from our side. If the Client requests the test to be halted or adjusted mid-run for any reason (e.g., they detect an issue in their system that requires stopping), UpRock will promptly do so.
   6. Results and Reporting:After the test, UpRock will provide the Client with a load test report or summary. This report typically includes key metrics such as throughput, response times, error rates, and other performance indicators observed during the test. UpRock aims to deliver preliminary results quickly (often within 1 business day after test completion for standard tests) and a full report within a few days, depending on the complexity of the analysis. These timeframes are guidelines and not guaranteed commitments; however, UpRock will keep the Client updated on the analysis progress. The report delivery is considered a part of the service, but a slight delay in reporting (which does not affect the system testing itself) is not considered a service outage. UpRock will use best efforts to interpret the results accurately and may provide recommendations or observations based on the test. However, UpRock does not guarantee any specific performance outcomes for the Client's systems (for instance, we do not guarantee that the Client's system will handle N users because that is outside our control; we simply measure and report what occurs).
   7. Post-Test Cleanup:UpRock will ensure that all load generated during the test is stopped at the conclusion of the test window. In the unlikely event that any test processes continue running beyond the expected stop time due to error, UpRock will intervene to terminate them as soon as identified. This scenario would be treated seriously as it could affect the Client's systems; UpRock would consider it a P0 incident on our side if our test went out of control, though such an occurrence is extremely rare.

VII. Limitations of Liability and Disclaimers

No Financial Guarantee; Best-Effort Obligation: This SLA and the Service commitments herein are provided on a best-effort basis, and UpRock does not offer any automatic or contractual financial compensation (such as service credits or refunds) for not meeting the targets. UpRock's goal is to meet the service levels described (e.g. 99.9% uptime), and we allocate resources and support accordingly. However, there is no financial guarantee or penalty if these targets are not achieved. In the event that a client believes they have experienced significant service degradation or downtime due to UpRock's fault, the client may notify UpRock and request a remedy.

Discretionary Compensation: UpRock may, at its sole discretion, offer a form of compensation such as a service credit, account extension, or other make-good gesture on a case-by-case basis. Any such compensation, if provided, is not an admission of liability and is not contractually mandated; it is a goodwill measure to maintain customer satisfaction. The Client has no automatic entitlement to service credits or refunds under this SLA, and any provision of a credit in one instance does not obligate UpRock to provide one in another instance.

Sole Remedy: The client acknowledges that the terms of this SLA (including the above-described discretionary compensation) shall be the sole and exclusive remedy for any failure by UpRock to meet the service levels or performance standards described herein. Beyond what is expressly provided in this SLA, UpRock shall have no additional liability for service unavailability or performance issues. This means, for example, if the Service is down for a certain time, the only potential remedy is the possibility of UpRock providing a service credit or extension at its discretion – the Client cannot claim damages or any other remedies for that downtime, to the maximum extent permitted by law.

Liability Cap: Nothing in this SLA shall operate to override or increase the Limitation of Liability set forth in the main Terms. As stated in the Terms, UpRock's liability to the Client is limited. UpRock will not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. In no event shall UpRock's total aggregate liability for any and all claims related to the Services (including failures to meet any service level) exceed the amount of fees actually paid by the Client for the affected Service in the preceding six (6) months period prior to the event giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, warranty, or any other legal theory.

No Warranty: UpRock provides its Services on an "as is" and "as available" basis. Except as explicitly stated in this SLA, UpRock disclaims all warranties and representations, express or implied, regarding the Services, including any warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, UpRock does not warrant that the Services will be uninterrupted, error-free, or meet the client's specific requirements or expectations.

Metrics and Goals: The metrics like uptime and response times are targets and goals, not guarantees. The client assumes the risk of using the Services, and acknowledges that there may be occasional imperfections or failures despite UpRock's best efforts.

Force Majeure: As noted, UpRock will not be responsible for any failure or delay in performance caused by circumstances beyond its reasonable control. This includes, but is not limited to, natural disasters, acts of government, terrorism, labor disputes, internet service provider failures, and any other unforeseeable or unavoidable events (force majeure events). If such an event causes a service disruption, UpRock will make reasonable efforts to mitigate the impact and restore Services, but the time during which the force majeure event persists will not count as downtime under this SLA, and no service credits will be due.

Client Responsibilities: The Client is responsible for using the Services in accordance with the Terms, the Acceptable Use Policy and this SLA. The client should maintain appropriate backups of their data (especially for any data that might be processed or generated by UpRock's Services) and have contingency plans for their own operations in case of service interruptions. The Client's own systems and network environment should be maintained in a manner that allows UpRock to provide the Services (for example, if the Client's firewall blocks monitoring probes, UpRock cannot be responsible for false outage reports). The Client also agrees to cooperate with UpRock's support team in good faith when troubleshooting or resolving an issue – e.g., providing necessary logs or information – as this will expedite resolutions.

Outage Notification and Claims: If the Client believes that UpRock has not met an SLA commitment (such as the uptime target), the Client should contact UpRock in writing (for example, via support email) with details of the incident. UpRock will in good faith investigate the claim using its logs and monitoring data. If UpRock confirms that a service-level target was not met due to issues within its control, UpRock will discuss with the Client an appropriate remedy (if any) per the terms above. Any claim for a service credit (if offered) typically should be made within a reasonable time (e.g., within 30 days of the incident). UpRock's internal incident records will be the authoritative source for measuring service levels.

No Third-Party Beneficiaries: This SLA is for the benefit of the contracting client and UpRock only. It does not confer any rights or remedies on any third party, even if those third parties are end-users of the Client who benefit from the UpRock Services indirectly. The Client is responsible for its own customers or end-users.

Entire SLA: This SLA, as part of the Terms, sets forth the entire service level understanding of the parties. It can only be modified in writing (which may include electronic form) by UpRock as described above. If any part of this SLA is held unenforceable, the remainder stays in effect, and an enforceable term will be substituted to reflect the original intent as closely as possible.

Conclusion: UpRock values the reliability and performance of its Services and will strive to meet the high standards outlined in this SLA. While this document delineates the formal commitments and limitations, UpRock's philosophy is to work closely with Clients and maintain transparency in all issues. Even in the absence of a strict financial obligation, UpRock's goal is always to minimize disruptions and keep Clients satisfied. This SLA should be read in conjunction with the Terms and the Acceptable Use Policy, for a complete understanding of the relationship and obligations between the Client and UpRock. By using UpRock's Services, the Client agrees to all of the terms and acknowledges the best-effort nature of the Service commitments herein.