Effective January 1, 2026

This Service Level Agreement (“SLA”) applies to the FireFlight Data Systems services provided by Phoenix Consultants Group, Inc. (“Phoenix”) under an applicable Order and Master Software-as-a-Service Agreement.

This SLA should be read together with the applicable Order and Master Software-as-a-Service Agreement. If there is a conflict, the signed agreement controls.

1. Service Availability

Phoenix will use commercially reasonable efforts to make the FireFlight services available during each calendar month, excluding the events and circumstances listed under “Exclusions” below.

2. Scheduled Maintenance

Phoenix may perform scheduled maintenance when reasonably necessary to maintain security, reliability, and performance. Phoenix will provide advance notice when practicable. Scheduled maintenance announced in advance is excluded from availability calculations.

3. Availability Measurement

Availability is measured over a calendar month based on the time during which the applicable production service is available for authorized use. Availability calculations exclude periods covered by the exclusions below.

4. Chronic Availability Failure

If monthly availability falls below ninety-five percent (95%) in each of three (3) consecutive calendar months, the Customer may terminate the affected subscription by providing written notice within thirty (30) days after the end of the third month.

Upon a valid termination under this section, Phoenix will provide a pro-rata refund of prepaid, unused Fees for the affected subscription. This is the Customer’s sole termination right and remedy arising from availability shortfalls, except as otherwise stated in a signed agreement.

5. Exclusions

The SLA does not apply to unavailability caused by:

  • Scheduled maintenance announced in advance;
  • Acts or omissions of the Customer or an Authorized User;
  • Customer-controlled equipment, systems, software, networks, or internet connectivity;
  • Third-party services or systems outside Phoenix’s reasonable control;
  • Beta, preview, evaluation, or other non-production offerings;
  • Misuse of the Services or use contrary to documentation or the applicable agreement;
  • Suspension permitted under the applicable agreement;
  • Force Majeure Events, including widespread internet, utility, telecommunications, or infrastructure failures;
  • Security events, malicious attacks, or emergency maintenance where immediate action is reasonably necessary to protect the Services or Customer Data.

6. Customer Responsibilities

Customers are responsible for:

  • Maintaining suitable devices, networks, browsers, and internet connectivity;
  • Using the Services in accordance with Phoenix documentation and instructions;
  • Managing Authorized Users and credentials;
  • Promptly reporting suspected outages or material service issues;
  • Providing information reasonably necessary for Phoenix to investigate reported incidents.

7. Incident Reporting

To report a suspected service interruption, the Customer should contact Phoenix using the support contact identified in the applicable Order or send an email to in**@************ts.com.

A report should include the Customer name, affected environment or module, date and time of the issue, observed behavior, business impact, and any available screenshots or error messages.

8. Review and Updates

Phoenix may update this SLA from time to time, provided that no update materially reduces a Customer’s rights during an active paid Subscription Term. The version in effect on the applicable Order date, together with any later non-material updates, will apply.

9. Authoritative Terms

This page provides Phoenix’s standard service-level terms. A signed Order or Master Software-as-a-Service Agreement may include different or additional commitments. If there is a conflict, the signed agreement controls.

Contact

Phoenix Consultants Group, Inc.
9 Wilson Drive
Northfield, New Jersey 08225

Email: in**@************ts.com