Legal

Service Level Agreement

Effective Date: 31 March 2026 · Sigmar Investment PTY LTD

This Service Level Agreement (“SLA”) forms part of the Terms and Conditions governing the use of the Profit Guard platform (“Service”). It defines the service levels, availability targets, support commitments, and response standards provided by Sigmar Investment PTY LTD (“Company”, “we”, “us”) to the Customer (“you”).

01Purpose

This SLA establishes the minimum performance and support obligations of the Company in delivering the Service. It is intended to provide the Customer with measurable commitments regarding service availability, incident response, and operational support. This SLA shall be read in conjunction with the Terms and Conditions and, where applicable, any enterprise service agreement executed between the parties.

02Service Scope

The Service encompasses the following components, each of which is subject to the availability and support commitments set out in this SLA:

  • Financial evaluation engine — the core decision system responsible for real-time assessment of transactions, discounts, promotions, inventory allocations, and related commercial actions
  • API endpoints and system integrations — programmatic interfaces enabling communication between Profit Guard and third-party platforms, including but not limited to Shopify, POS terminals, and marketing systems
  • Administrative interfaces and reporting tools — merchant-facing dashboards for configuration, rule management, and analytical reporting

The Service is delivered via cloud infrastructure, including but not limited to:

  • Cloudflare — edge computing, global routing, DDoS mitigation, caching, and security services
  • Linode — application hosting, persistent data storage, and compute infrastructure

The Company does not warrant or guarantee the availability of any third-party infrastructure provider. Where an outage is attributable to a third-party provider, such outage shall not constitute a breach of this SLA.

03Service Availability

3.1 Target Availability

The Company targets a monthly uptime of:

99.90%

monthly uptime target

Uptime is calculated as the total available time in a calendar month, minus total downtime, divided by total available time, expressed as a percentage. Measurement is based on server-side monitoring conducted by the Company or its designated monitoring provider.

3.2 Definition of Downtime

“Downtime” means any period during which the Service is materially unavailable to the Customer, as determined by the Company's monitoring systems. The following events are excluded from the calculation of Downtime:

  • Scheduled maintenance windows communicated in advance to the Customer
  • Emergency maintenance required to address critical security vulnerabilities or system integrity concerns
  • Outages or degradation caused by third-party platforms, including but not limited to Shopify, payment processors, and external API providers
  • Network connectivity issues or DNS failures outside the Company's direct control
  • Force majeure events, including natural disasters, civil unrest, government action, or pandemic-related disruptions
  • Customer-induced service disruptions resulting from misconfiguration, excessive API usage, or unauthorised system modifications

3.3 Scheduled Maintenance

The Company reserves the right to perform scheduled maintenance as reasonably necessary to ensure the security, stability, and performance of the Service. Where practicable:

  • The Company shall provide no less than 48 hours advance notice via email or in-app notification
  • Maintenance shall be scheduled during low-usage periods, typically between 10:00 PM and 6:00 AM (AEST)
  • The Company shall use reasonable endeavours to minimise the duration and frequency of maintenance windows

04Support Services

4.1 Support Channels

Technical and operational support is available through the following channels:

  • Email: support@sigmar.au — for all standard support requests, incident reports, and general enquiries
  • Designated enterprise channels — where an enterprise agreement includes dedicated support provisions, such as Slack channels, priority phone lines, or assigned account managers

All support requests must include sufficient detail to enable the Company to diagnose and resolve the reported issue, including (where applicable) steps to reproduce, affected functionality, and relevant screenshots or logs.

4.2 Support Hours

Standard Support:

  • Monday to Friday, 9:00 AM to 5:00 PM (AEST)
  • Excluding Australian public holidays observed in Queensland

Enterprise Support (where contracted):

  • Extended support hours as defined in the applicable enterprise agreement
  • Priority response handling and dedicated escalation paths
  • Access to technical account management where agreed

05Incident Severity Levels

Incidents reported to the Company shall be classified according to the following severity levels, based on the nature and scope of the impact on the Service:

Severity 1 — Critical

  • The Service is wholly unavailable or substantially non-functional
  • Core financial evaluation engine failure affecting all or substantially all transactions
  • Data integrity compromise requiring immediate intervention
  • Security breach or suspected unauthorised access to production systems

Severity 2 — High

  • Major functionality is materially impaired but the Service remains partially operational
  • Significant impact on merchant operations, including incorrect transaction evaluations affecting a material number of orders
  • API integration failures preventing data synchronisation with Shopify or other connected platforms
  • Reporting or dashboard unavailability impacting business decision-making

Severity 3 — Medium

  • Partial service degradation affecting non-critical features or a limited subset of users
  • Intermittent errors that do not prevent core functionality from operating
  • Performance degradation that does not constitute a service outage
  • Issues with secondary integrations or non-essential reporting features

Severity 4 — Low

  • Minor cosmetic or user interface issues that do not affect functionality
  • General enquiries, feature requests, or documentation clarifications
  • Issues with no measurable impact on service delivery or business operations

06Response and Resolution Targets

The following response and resolution targets apply to incidents classified under this SLA. These targets represent commitments, not absolute guarantees, and are subject to the exclusions set out in this agreement.

SeverityInitial ResponseTarget Resolution
Critical (S1)≤ 1 hour≤ 4 hours
High (S2)≤ 4 hours≤ 1 business day
Medium (S3)≤ 1 business day≤ 3 business days
Low (S4)≤ 2 business daysBest endeavours

“Initial Response Time” refers to the period between the Company receiving a support request and providing an initial acknowledgment to the Customer. It does not constitute a commitment to resolve the issue within the same period.

“Target Resolution Time” refers to the period within which the Company shall use reasonable endeavours to restore affected functionality or provide a suitable workaround. Complex issues may require additional time, in which case the Company shall provide regular updates to the Customer.

07Incident Management

Upon receipt of an incident report, the Company shall:

  • Acknowledge the incident within the applicable response time
  • Assign the incident an appropriate severity classification
  • Investigate and diagnose the root cause of the issue
  • Provide status updates to the Customer at reasonable intervals, proportionate to the severity of the incident
  • Implement corrective actions, including temporary workarounds where appropriate, followed by a permanent resolution
  • Conduct a post-incident review for Severity 1 and Severity 2 incidents, and provide a summary report upon request

The Customer agrees to:

  • Provide sufficient detail when reporting incidents, including steps to reproduce, affected functionality, and any relevant diagnostic information
  • Cooperate with the Company in troubleshooting, including providing access to logs, configurations, or integrations where reasonably required
  • Refrain from making changes to system configurations that may exacerbate the reported issue without prior consultation with the Company

08Service Dependencies

The Service relies upon the continued availability and correct operation of third-party systems and platforms, including but not limited to:

  • Shopify — for store data, order processing, and API connectivity
  • Payment providers — for transaction processing and settlement
  • External APIs — for data enrichment, marketing integrations, and analytics
  • DNS and CDN providers — for domain resolution and content delivery

The Company is not responsible for, and shall not be liable in respect of, any outage, degradation, or failure caused by or attributable to the acts or omissions of any third-party provider. Where a third-party outage impacts the Service, the Company shall use reasonable endeavours to mitigate the impact and communicate the status to affected Customers.

09Service Credits

Service credits may be available exclusively to Customers operating under an executed enterprise agreement that expressly provides for service credit entitlements.

Where applicable, the following credit schedule shall apply:

Monthly UptimeCredit (% of Monthly Fee)
Below 99.90% but above 99.00%5%
Below 99.00%10%

Service credits are subject to the following conditions:

  • Credits shall be applied to the next monthly invoice and may not be redeemed for cash or any other form of consideration
  • The Customer must submit a written claim within 30 calendar days of the end of the affected billing period
  • Credits shall not exceed the total fees payable for the affected month
  • Service credits represent the Customer's sole and exclusive remedy for failure to meet the uptime target set out in this SLA
  • Credits shall not apply where the downtime was caused by any event excluded under this SLA

10Exclusions

This SLA shall not apply, and no service credit or other remedy shall be available, where service degradation or unavailability results from any of the following:

  • Misconfiguration of the Service by the Customer, including but not limited to incorrect financial inputs, rule definitions, or integration settings
  • Inaccurate, incomplete, or corrupted data provided by the Customer or sourced from the Customer's connected systems
  • Use of the Service in a manner not contemplated by the documentation or in contravention of the Terms and Conditions
  • Outages, failures, or degraded performance of third-party platforms, including Shopify, payment processors, and external APIs
  • Force majeure events, including but not limited to natural disasters, acts of terrorism, armed conflict, pandemics, governmental orders, civil unrest, or widespread infrastructure failure
  • Unauthorised access to or interference with the Service caused by the Customer or any party acting on the Customer's behalf
  • Excessive or abusive API usage that exceeds documented rate limits or fair use policies

11Security and Performance

The Company implements and maintains reasonable technical and organisational measures to ensure the ongoing security, integrity, and performance of the Service, including but not limited to:

  • Encryption of data in transit using industry-standard TLS protocols
  • Role-based access control and authentication mechanisms for all administrative and operational interfaces
  • Continuous monitoring, alerting, and logging of system activity to detect anomalies and potential security events
  • Regular application of security patches and system updates in accordance with industry best practice
  • Periodic security reviews and infrastructure audits conducted by qualified personnel

Notwithstanding the foregoing, actual system performance may vary depending on factors including but not limited to:

  • The complexity and volume of the Customer's data and transaction throughput
  • The number and nature of integrations configured by the Customer
  • The accuracy and completeness of financial inputs and system configuration
  • The availability and performance of connected third-party platforms

The Company does not guarantee specific performance benchmarks unless expressly agreed in writing under an enterprise agreement.

12Changes to This SLA

The Company reserves the right to amend this SLA from time to time, at its sole discretion. Any material changes to service levels, support commitments, or credit entitlements shall be communicated to Customers via email or in-app notification no less than 30 calendar days prior to taking effect.

Continued use of the Service following the effective date of any amendment shall constitute the Customer's acceptance of the updated SLA. If the Customer does not accept the amended terms, the Customer may terminate the Service in accordance with the Terms and Conditions.

13Governing Law

This SLA shall be governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising under or in connection with this SLA shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

This Service Level Agreement is provided in good faith and represents the Company's commitment to delivering a reliable and professionally managed service. It does not constitute a warranty or guarantee of uninterrupted operation.