3D Bin Packing SLA

Article 1
General provisions

1. All definitions shall be interpreted in accordance with Article 1 of the Terms.
2. The SLA is entered into between the User and the Service Provider for the duration of the Agreement and forms an integral part of it as Annex 2 to the Terms.
3. The Service Provider reserves the right to amend the SLA. Any amendment to its provisions constitutes a material amendment to the Terms and requires the procedure set out in Article 15 of the Terms to be followed.
4. This version of the SLA takes effect on 1 December 2026.
5. The outsourcing of services to the Cypriot Company and the transfer of the Agreement are governed by Article 16 of the Terms. Until the valid transfer of the relevant Agreement, the existing Service Provider remains responsible for performing the SLA, including the activities entrusted to the Cypriot Company. The transfer itself does not change the agreed SLA; liability for periods before and after the transfer is governed by Article 16(7) of the Terms.
6. Provisions concerning the level of the Service individually agreed with the User take precedence to the extent that they expressly regulate the same matters differently.

Article 2
Infrastructure

The Service Provider bases its IT infrastructure on Amazon Web Services resources.

Article 3
Availability

1. The Service Provider guarantees Service availability of at least 99.95% in each calendar month, calculated in accordance with paragraphs 5–9. This is the Service Provider’s commitment to the User; the Amazon Web Services SLA terms apply separately to that provider’s services.
2. The Service Provider monitors the operation of the Service and adjusts infrastructure resources to its load in order to maintain proper operation.
3. The Service Provider carries out updates in a manner intended to limit interruptions to the Service. If an update, maintenance or modernisation requires a technical interruption, paragraph 4 applies.
4. Technical interruptions are limited to the scope and duration necessary to carry out the work. The Service Provider notifies Users by email of a planned interruption sufficiently in advance, indicating the expected timing and extent of the restrictions. If urgent action is necessary to resolve a failure or security threat and prior notice is not possible, information is provided without undue delay. These interruptions do not disapply the rules on liability and fee adjustments set out in the Terms.
5. Availability is calculated using the formula D = (T − N) / T × 100%, where T is the time during which the User was entitled to use the Service in the relevant month, after deducting periods excluded under paragraphs 7–8, and N is the total downtime within that remaining period. Time is measured in seconds, without counting overlapping interruptions more than once. For a partial month, only the period of entitlement to the Service is taken into account. If T is zero, the indicator is not calculated.
6. Downtime means a technical inability to execute a valid packing request through an access channel covered by the Plan: the API or the web interface. Availability is assessed separately for each of those channels made available to the User. Invalid input data, exceeding Plan limits and lack of entitlement to a particular function do not constitute downtime. The duration and scope of an interruption are determined from monitoring and logs, taking account of substantiated reports and evidence from the User; reporting is not a condition for starting to count the interruption.
7. Periods of downtime caused by the following are excluded from the availability calculation:
   1. external failures of AWS infrastructure, DNS services, telecommunications networks or power supplies beyond the Service Provider’s reasonable control;
   2. DDoS attacks, intrusions or other unlawful acts by third parties;
   3. Force Majeure;
   4. acts or omissions of the User, their devices, software or Internet connection, to the extent that they cause the interruption;
   5. suspension or blocking of the Account in accordance with the Terms. The exclusions in points a–c are also subject to the conditions in paragraph 8.
8. The exclusions in paragraph 7(a)–(c) cover only the period and extent to which the Service Provider, despite exercising due care, could not prevent the interruption or eliminate or limit its effects. They do not cover the consequences of incorrect configuration managed by the Service Provider, deficiencies in required safeguards, failure to pay suppliers or delayed response for which the Service Provider or persons operating the Service on its behalf are responsible. A supplier failure or a cyberattack alone is insufficient to apply an exclusion. The Service Provider takes reasonable action without undue delay to restore the Service and limit the effects of the interruption, informs affected Users of a significant failure and, on request, substantiates the reason for and duration of the exclusion applied.
9. Planned technical interruptions count towards downtime. Emergency work is excluded only to the extent that it meets the conditions in paragraphs 7–8. The time zone specified in Article 2(3) of the Terms applies when determining months and interruption times.

Article 4
Technical support

1. The Service Provider provides support and technical assistance electronically by email at support@3dbinpacking.com or through the contact form at https://www.3dbinpacking.com/en/contact.
2. The Service Provider provides an initial response to a User’s request by email within 24 hours of receipt. Saturdays, Sundays and public holidays in Ireland are excluded from this period. For a request received on such a day, the period begins at the start of the next working day. The time zone specified in Article 2(3) of the Terms applies.
3. The initial response addresses the request or asks for information needed to assess it; an automated acknowledgement of receipt alone does not constitute such a response. The initial response deadline is not a deadline for resolving the fault. The Service Provider takes action to resolve it without undue delay, taking account of the nature and effects of the problem. The time limit for handling complaints is set out in Article 11(2) of the Terms.
4. A request should include the Account identifier or Login, a description of the problem and the time it occurred and, if available, the API request identifier. Account identification details do not include the Password or the full API key; these must not be sent in the request.

Article 5
Liability

1. The Service Provider is liable in accordance with the rules set out in the Terms.
2. Failure to meet the guaranteed availability is subject to the rules on liability and complaints set out in Articles 10–11 of the Terms. The threshold of more than 24 hours in Article 11(4) relates to the fee adjustment specified there and does not constitute permitted downtime under the 99.95% guarantee. A fee adjustment due to the User does not depend on the Service Provider receiving compensation from the infrastructure provider.
3. Downtime excluded under Article 3(7)–(8) does not constitute a breach of the percentage availability guarantee. Exclusion from this measurement does not disapply other obligations under the Terms or mandatory law, including obligations concerning security and personal data protection.