Service Level Agreement

1. Our Commitment

Zoko provides a 99.7% uptime commitment for paid Subscription Plans. If we fall short of that commitment in a calendar month and your Account is affected, you may request a service credit for future use.

This Service Level Agreement forms part of, and is incorporated by reference into, the Zoko Terms of Service. Capitalised terms have the meaning given there. Where this document conflicts with the Terms of Service, the Terms of Service prevail.

SERVICE CREDITS ARE THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY ZOKO TO MEET THE COMMITMENT IN THIS AGREEMENT.

2. What Is Covered

The uptime commitment applies to the following core subsystems of the Zoko platform:

• the Zoko web application;
• sign in and sign up;
• message sending, excluding any issue arising on the side of a third-party service;
• the shared team inbox;
• growth tools, including link and QR generation;
• the public Zoko API.

The commitment applies to the availability of the Zoko platform itself. It does not extend to elements outside Zoko's sphere of control.

3. What Is Excluded

THE FOLLOWING ARE EXCLUDED FROM DOWNTIME AND FROM UPTIME CALCULATIONS UNDER THIS AGREEMENT.

3.1 Third-party services

Any issue caused by, or arising on the side of, a third party, including without limitation:

• Meta and the WhatsApp Business Platform, including the WhatsApp Cloud API and on-premise API, message delivery, template review and approval, quality ratings, messaging limits, phone number or WhatsApp Business Account restriction or suspension, and any change Meta makes to its platform, policies, or pricing;
• Facebook, Instagram, and any other Meta product or channel;
• Shopify, including its APIs, app platform, authentication, webhooks, and billing systems;
• payment processors, shipping providers, analytics providers, and any other integrated service;
• AI and model providers, as further provided in Section 7 of the Zoko AI Terms;
• applications built by you or by third-party developers, including anything you build on the Zoko API.

ZOKO'S AVAILABILITY IS NECESSARILY BOUNDED BY THE AVAILABILITY OF THE PLATFORMS IT DEPENDS ON. ZOKO GIVES NO COMMITMENT, AND ACCEPTS NO LIABILITY, IN RESPECT OF THE AVAILABILITY, PERFORMANCE, OR BEHAVIOUR OF ANY THIRD-PARTY SERVICE.

3.2 Other exclusions

• scheduled maintenance, as described in Section 5;
• emergency maintenance required to protect the security or integrity of the Services;
• slowness or degraded performance of an individual feature where the Services remain available;
• any feature identified as alpha, beta, preview, early access, or limited availability;
• external network or equipment problems outside our reasonable control, including faults between your internet service provider and our servers;
• suspension of your Account under the Terms of Service, including for non-payment, breach, or a violation of the Acceptable Use Policy;
• your own acts or omissions, your configuration, or use of the Services in a manner not permitted by the Terms of Service;
• use of the Services in excess of the throughput described in Section 6;
• force majeure events as described in Section 26 of the Terms of Service.

4. How Uptime Is Calculated

Downtime is the total number of minutes in a calendar month during which the covered subsystems were unavailable, excluding everything listed in Section 3. We measure unavailability using our server monitoring, including server-side error rates, ping tests, web server tests, TCP port tests, and application tests.

Uptime is the percentage of total possible minutes in the calendar month during which the Services were available, calculated as:

[(total minutes in month, minus Downtime) divided by total minutes in month] must be greater than 99.7%

Downtime for a given event is measured from the point at which the problem is detected by our monitoring or reported to us, whichever is earlier, until service is restored. Our system records are used to verify all claims. Downtime does not affect every customer equally: an outage may affect accounts in one region and not another, and credits are assessed by reference to the accounts actually affected.

5. Scheduled Maintenance and Status

We sometimes need to perform maintenance. We will post notice of scheduled maintenance at least forty-eight (48) hours in advance, and scheduled downtime will not exceed ten (10) hours in any twelve-month period.

We publish availability information and incident updates through in-product notifications and by email to the Primary Contact on affected Accounts.

6. Throughput

A sustained throughput of ten (10) messages per second is treated as normal load. The platform supports a peak load of thirty (30) messages per second submitted by a single customer, where that volume is sent continuously for no longer than thirty (30) minutes without prior notice to us.

This Agreement does not apply to any use of the Services in excess of that peak load. Actual delivery performance also depends on the destination platform and on the messaging limits Meta applies to your WhatsApp Business Account, which are outside our control.

7. Service Credits

7.1 How to claim

To claim a service credit, submit a request to contact@zoko.io within thirty (30) days of the last day of the calendar month in which you believe we failed to meet the uptime commitment. Include your Account details, the dates and times of the unavailability you experienced, and any supporting information. Claims must be made in good faith.

All claims are verified against our system records. If we dispute a period of unavailability you have claimed, we will provide you with our availability record for that period.

7.2 Credit amounts

7.3 How credits work

Service credits:

• are applied against future Subscription Plan fees only;
• are not refunds and cannot be exchanged for cash;
• are calculated on fees paid to Zoko, and never on charges billed to you directly by Meta or any other Third-Party Provider under Section 10 of the Terms of Service;
• are capped at the equivalent of thirty (30) days of paid service in any twelve-month period;
• require all outstanding invoices on your Account to have been paid;
• expire on termination or expiry of your Subscription Plan and are not transferable.

8. Support

Support is available by WhatsApp and by email at contact@zoko.io during Zoko business hours, Monday to Friday, excluding public holidays.

When you report an issue, please include your business name, a contact for the person handling it, the date and time the fault was detected, the affected phone number or Account, a description of the impact, and a screenshot or recording with enough detail for us to reproduce it. Section 2.1 of the Terms of Service sets out the access you authorise us to have when you raise a support request, and explains what happens if you ask us to work without that access.

Zoko will use commercially reasonable efforts to acknowledge and resolve reported issues promptly. Response and resolution targets, where agreed, apply only to elements within Zoko's sphere of control. Loss of service on an Account suspended under the Terms of Service is not treated as a technical incident and is handled commercially.

9. Changes

We may update this Agreement from time to time. The current version is always available at this page, and material changes are notified in accordance with Section 27 of the Terms of Service.

Governing law

This document forms part of the Zoko Terms of Service and is governed by the laws of the State of Delaware, USA, in accordance with Section 24 of those Terms. Disputes follow the escalation path and arbitration provisions in Sections 23 and 24 of the Terms of Service.