1. Eligibility#

This Service Level Agreement applies only when expressly included in a signed Enterprise agreement or the Organization's Enterprise Entitlements. Plans do not include this agreement by default. This Agreement covers the published Customer Applications and published Customer Agents identified in that inclusion (each, a “Covered Deployment”). Drafts, previews, beta features, the building interface, and customer-hosted deployments are excluded unless expressly included.

2. Availability commitment#

We commit to 99.9% availability for each covered deployment over a trailing 90-day period, evaluated at the end of each calendar month (the “Measurement Period”). Because Measurement Periods overlap, a period of downtime is counted toward a remedy only once, in the first Measurement Period in which the commitment is missed. We measure elapsed time in Coordinated Universal Time. Each Covered Deployment is assessed separately; availability is not averaged across Customers or Covered Deployments.

Availability (%) equals 100 multiplied by eligible minutes minus unavailable minutes, divided by eligible minutes. Eligible minutes are all minutes in the Measurement Period other than minutes excluded under Section 3. An unavailable minute is a minute when a Covered Deployment cannot perform its core hosted function because of a failure of Hercules-managed infrastructure. For a Customer Agent, this means inability to accept and execute otherwise valid requests because of that infrastructure failure. Only periods of at least five consecutive unavailable minutes count as downtime. Output quality alone is not downtime. A partial failure counts when it prevents the deployment's core hosted function.

For a newly Covered Deployment, the measurement window starts when coverage begins until 90 days of coverage are available. Hercules monitoring and reasonably substantiated Customer reports inform measurement. We will consider reasonably substantiated Customer reports in good faith, and in the event of a conflict our records control absent manifest error.

3. Exclusions#

The following minutes are excluded from the availability calculation: (a) minutes attributable to Customer-controlled code, configuration, disabled resources, credentials, or integrations; (b) Customer or End User networks and equipment; use outside documented limits or in breach of the Terms; (c) a suspension permitted under the Terms, including for an unresolved notified negative balance; (d) scheduled maintenance for which we give at least 48 hours’ notice; (e) emergency maintenance reasonably required to address a security vulnerability or imminent risk to the platform; and (f) events beyond our reasonable control, including force majeure events, failures of the public Internet, and denial-of-service attacks we could not reasonably have prevented. Failures of infrastructure providers engaged by Hercules are not automatically excluded merely because a third party caused them. Any additional exclusions must be expressly agreed.

4. Reporting and remedy#

Report an outage promptly to the Enterprise support contact or hello@hercules.app within 30 days after the end of the Measurement Period in which the commitment was missed, identifying the affected Covered Deployment, the time ranges of downtime claimed, and available evidence. Claims not submitted within that period are waived. Support follows the Support Policy.

If availability for a Covered Deployment falls below 99.9% in a Measurement Period, you are eligible for a service credit equal to 5% of the monthly subscription fees attributable to that Covered Deployment (or, where fees are not allocated by deployment, a pro rata share of the Organization’s Enterprise Plan fees), rising to 10% if availability falls below 99.0%. Credits are applied against future invoices, have no cash value, may not exceed 25% of the applicable monthly fees in any month, and are not available while you are in breach of payment obligations. A single incident gives rise to only one credit for the same fees, and credits are reduced by any other compensation provided for the same downtime.

5. Relationship to other terms#

This agreement supplements the Terms of Service only for Covered Deployments. Service credits are your sole and exclusive remedy for any failure to meet the availability commitment. It does not guarantee AI accuracy or a permanent fix within a specified time, and it does not modify the disclaimers or limitations of liability in the Terms of Service. An express signed agreement controls conflicting commercial provisions, subject to mandatory law.