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/Beta Services designated under the Free, Trial and Beta Terms, and any services not expressly covered by an eligible paid plan or Order, are excluded from this SLA. For clarity, the standard Free Plan is not a Free/Beta Service solely because it is offered without a subscription fee, but it 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 endpoint is capable of receiving and processing valid requests, subject to the exclusions in this SLA.

2.2 "Covered Service" means the specific paid Data Service, API endpoint, hosted functionality, or delivery mechanism for which a service level is expressly included in Customer’s plan or Order.

2.3 "Downtime" means a period during which a Covered Service is Unavailable, excluding any event listed in Section 7.

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

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

2.6 "Service Credit" means a credit applied to Customer’s account for future charges for the affected Covered Service. Service Credits are not refundable, not payable in cash, and not transferable.

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

2.8 "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.

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:

• Starter: 97.0% Monthly Uptime Percentage only.
• Growth: 98.0% Monthly Uptime Percentage only.
• Business: 99.0% Monthly Uptime Percentage, plus the Timeliness Commitment in Section 5 and the Quality Remedy in Section 6.
• Enterprise: 99.9% 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 Service Credits are capped at thirty percent (30%) of the monthly fees actually paid or payable for the affected Covered Service for the affected month.

4.4 For avoidance of doubt, 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 charges and expire if not used within the billing cycle following issuance, unless otherwise required by law or stated in an applicable Order Form.

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 7 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.

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 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.

6.5 If that reprocessing attempt materially reduces the qualifying Image Artifact, Customer may reacquire the corrected output without an additional re-download charge for that specific corrected output.

6.6 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.

6.7 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 7.

7. 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:

• scheduled maintenance or emergency maintenance;
• 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 failures of third-party cloud, hosting, CDN, observability, or networking providers;
• 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.

8. Claim Process

8.1 To receive a Service Credit under Section 4, Customer must submit a written claim to ClearSKY at [email protected] within thirty (30) days after the end of the affected calendar month.

8.2 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.

8.3 ClearSKY may deny claims that are late, incomplete, unsupported, duplicative, or based on excluded events under Section 7.

8.4 ClearSKY will review qualifying claims within a reasonable time. If a claim is approved, ClearSKY will apply the corresponding Service Credit to a future invoice or billing cycle for the affected account.

9. Changes to this SLA

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

9.2 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.