Service Level Agreement (SLA) for Tennis Finance
(Sway Technology, Inc. DBA Tennis Finance)

This Service Level Agreement (“SLA”) details the service levels, performance guarantees, data ownership, security practices, and support commitments that Tennis Finance (operated by Sway Technology, Inc.) provides to its customers. This SLA is an extension of our SaaS License Agreement and is designed to set clear expectations on the quality, availability, and support of our services.

1. Definitions

• “Uptime”: The total time within a month that the Services are available to the Customer, excluding Scheduled Maintenance and Excluded Downtime.

• “Scheduled Maintenance”: Planned maintenance activities, communicated to the Customer in advance, that may result in temporary downtime.

• “Excluded Downtime”: Downtime due to external factors beyond Tennis Finance’s reasonable control, including force majeure events.

• “Response Time”: The time between when an issue is reported and when a support engineer begins investigating the issue.

• “Resolution Time”: The time between the initiation of investigation and the resolution of the reported issue.

• Issue Severity:

  • Critical: Total service outage affecting all users.

  • High Priority: Severe functionality impairment, impacting essential services.

  • Normal Priority: Limited impact on functionality; core services still usable.

  • Low Priority: Minor issues or general inquiries.

    
    

2. Service Availability

• Uptime Commitment: Tennis Finance aims to provide 99.5% uptime on a monthly basis, measured as the total time in a month that the Services are operational, excluding Scheduled Maintenance and Excluded Downtime.

• Downtime Calculation: Any period during which the Services are not operational and available to the Customer will be recorded as downtime, except during Excluded Downtime and Scheduled Maintenance.

  
  

3. Scheduled and Emergency Maintenance

• Scheduled Maintenance: Regular maintenance is performed outside peak hours to minimize disruption, typically during weekends or overnight (PST). Customers will receive at least 48 hours’ notice via email and the support portal.

• Emergency Maintenance: Emergency maintenance may be conducted as necessary to address critical security or performance issues. While advance notice may not be possible, Tennis Finance will make efforts to minimize the impact.

  
  

4. Support Services and Coverage

Tennis Finance provides a robust support infrastructure for addressing customer issues and ensuring service continuity.

• Support Availability: 9 AM to 6 PM PST, Monday through Friday, excluding public holidays.

• Support Channels: Customers can reach support via email, phone, or through our support portal.

• Response and Resolution Targets:

  • Critical: Response within 1 hour; resolution within 24 hours.

  • High Priority: Response within 4 hours; resolution within 48 hours.

  • Normal Priority: Response within the next business day; resolution within 72 hours.

  • Low Priority: Response within two business days; resolution as appropriate for issue type.

    
    

5. Incident Management and Escalation

• Incident Reporting: Customers should report issues via the designated support channels, including details such as timestamps, system configuration, and any observed error messages.

• Incident Classification and Escalation: Each incident will be classified based on severity. Tennis Finance’s support team will escalate issues as needed to internal engineering and management teams to ensure timely resolution.

• Status Updates: Customers will receive periodic updates on incident status, and notification upon resolution.

  
  

6. Data Ownership and Access Rights

• Customer Data Ownership: All data uploaded, processed, or stored within Tennis Finance remains the exclusive property of the Customer. Tennis Finance will only use Customer Data for purposes related to service provision, maintenance, and as specified within our Data Processing Addendum.

• Data Access: Tennis Finance will not access or share Customer Data with third parties unless required for service provision, by law, or as explicitly agreed with the Customer.

• Data Deletion: Upon termination of services, Customer Data will be securely deleted from Tennis Finance’s systems, as outlined in the Data Processing Addendum, except where retention is required by law.

  
  

7. Service Environment Specifications

• Supported Environments: To ensure optimal performance, Tennis Finance supports the following environments: [List of supported operating systems, browsers, etc.]. Customers should verify compatibility and ensure that they meet these requirements.

• Customer-Managed Infrastructure: Any deviations from the supported environments or use of third-party services not recommended by Tennis Finance may affect performance and are not covered by this SLA.

  
  

8. Data Protection and Security Commitments

• Data Privacy Compliance: Tennis Finance complies with data protection regulations, including CCPA, GDPR, and other applicable laws, ensuring robust protection of Customer Data.

• Information Security: Tennis Finance’s security program includes administrative, technical, and physical safeguards, including encryption, access control, and vulnerability management, aligned with industry standards.

• Encryption and Secure Access: All data in transit between Customer systems and Tennis Finance’s platform is encrypted using TLS. Tennis Finance ensures that all data access is logged and auditable.

• Subprocessor Oversight: Only authorized subprocessors are allowed to access Customer Data, and each adheres to strict confidentiality and security standards. A list of approved subprocessors is available upon request.

  
  

9. Penetration Testing, Security Audits, and Compliance

• Annual Penetration Testing: Tennis Finance conducts annual penetration testing by certified third-party professionals to assess and address potential vulnerabilities.

• Vulnerability Remediation: Identified vulnerabilities are prioritized based on risk level and remediated accordingly. Tennis Finance follows a patch management schedule to ensure timely application of updates.

• Audit Trails: All access and actions within the platform are logged for audit purposes, ensuring accountability and supporting incident investigations if required.

• Compliance Audits: Customers may request a summary of Tennis Finance’s compliance audits, including SOC 2 or similar standards, once per year.

  
  

10. Disaster Recovery and Business Continuity

• Data Backup: Daily backups of Customer Data are maintained, with data stored redundantly to minimize risk of loss.

• Disaster Recovery Plan: Tennis Finance maintains a comprehensive disaster recovery plan, tested annually, to restore services promptly in case of major disruptions.

• Business Continuity: Business continuity policies are in place to ensure the highest possible availability during unforeseen events.

  
  

11. Performance Metrics and Reporting

• Key Performance Indicators (KPIs): Tennis Finance monitors service reliability, response times, and resolution times as key performance metrics, ensuring alignment with this SLA.

• Reporting: Customers may request monthly reports on uptime and SLA compliance metrics for transparency and verification purposes.

  
  

12. Roles and Responsibilities in Security Incidents

• Tennis Finance Responsibilities: In the event of a security incident, Tennis Finance will take immediate action to contain, investigate, and remediate the issue. Customers will receive prompt notifications with status updates.

• Customer Responsibilities: Customers are required to notify Tennis Finance of any suspected security incidents within their systems that may impact the Service. Customers must cooperate with Tennis Finance during the investigation and resolution process.

  
  

13. Customer Responsibilities

• Authorized Use: Only authorized Customer personnel should access the Tennis Finance Services. Customer is responsible for monitoring account usage and ensuring compliance with this SLA.

• Credential Security: Customers must safeguard all user IDs, passwords, and other access credentials and report unauthorized access to Tennis Finance promptly.

• Cooperation in Resolution: Customers must provide logs, relevant configuration details, and other data necessary to aid in troubleshooting and issue resolution.

  
  

14. Service Limitations

• Third-Party Integrations: SLA commitments do not cover downtime or performance issues resulting from third-party services or applications not managed by Tennis Finance.

• Non-Supported Configurations: Service limitations apply to any deviations from supported environments or any use of unsupported third-party integrations.

• Force Majeure: Tennis Finance will not be liable for service interruptions or degradation due to events beyond its reasonable control, such as natural disasters, war, cyberattacks, or regulatory restrictions.

  
  

15. Service Credits for Non-Compliance

• Eligibility: If Tennis Finance fails to meet the Uptime Commitment, the Customer may request Service Credits based on the level of non-compliance.

• Credit Calculation:

  • 99% to 99.49% Uptime: 5% of the monthly service fee.

  • 95% to 98.99% Uptime: 10% of the monthly service fee.

  • Below 95% Uptime: 20% of the monthly service fee.

• Submission and Limitations: Customers must submit credit claims within 30 days of the incident. Credits are capped at 20% of the monthly service fee and are the sole remedy for uptime-related non-compliance.

  
  

16. Onboarding and Offboarding Processes

• Onboarding Support: Tennis Finance provides onboarding support, including initial setup assistance and training for Customer’s key users.

• Offboarding: Upon termination of the agreement, Tennis Finance will assist with data export and ensure secure deletion of Customer Data within a reasonable timeframe as specified in the Data Processing Addendum. Any remaining Customer Data will be permanently deleted from Tennis Finance’s systems, except where retention is legally required.

  
  

17. Data Storage and Retention Policies

• Data Retention: Customer Data is retained for the duration of the service agreement. Upon termination, data retention follows the specifications outlined in the Data Processing Addendum unless otherwise required by law.Data Residency: Customer Data may be stored in [Specify regions, e.g., the United States or EU, depending on your policies], ensuring compliance with applicable data residency requirements.

• Data Disposal: When Customer Data is no longer required, it is securely disposed of through a method that meets industry standards, such as secure deletion or physical destruction.

  
  

18. Escalation and Feedback Mechanisms

• Escalation Path: If the Customer believes Tennis Finance is not meeting the SLA commitments, they may escalate the issue to the Customer Success Manager. If further escalation is required, the issue can be raised to executive management.

• Feedback Process: Tennis Finance values Customer feedback to continuously improve service quality. Customers can provide feedback on service quality, support, and platform features through the support portal or by contacting their designated account manager.

19. Termination Rights

• Breach of SLA: Either party may terminate this SLA if the other party materially fails to meet its obligations and does not remedy the breach within 30 days of receiving written notice.

• Post-Termination Data Handling: Upon termination, Tennis Finance will provide data export assistance and permanently delete all remaining Customer Data in accordance with data retention policies.

• Effect on Service Credits: Any accrued Service Credits remain valid and may be applied to outstanding balances at the time of termination.

  
  

20. Governing Law and Jurisdiction

This SLA is governed by the laws of the State of Delaware, without regard to conflict of law principles. Disputes arising from or related to this SLA will be resolved as per the dispute resolution provisions outlined in the SaaS License Agreement.

21. Entire Agreement

This SLA, together with the SaaS License Agreement and Data Processing Addendum, constitutes the entire agreement between Tennis Finance and the Customer concerning service levels, support, and performance commitments. Modifications to this SLA must be agreed to in writing by both parties.

22. CONTACT US
Sway Technology Inc. DBA Tennis Finance

2261 Market Street STE 5481

San Francisco, CA 94114

ops@tennisfinance.com