Service Level Agreement (SLA) for DigitALL Engine

0. Definitions

For the purposes of this Service Level Agreement (“SLA”), the following terms shall have the meanings set out below:

“Agreement”

means this Service Level Agreement between the Client and Sivaiah Technologies Inc.

“Client”

means the business entity or individual that has subscribed to and is authorized to use the DigitALL Engine under this Agreement.

“DigitALL Engine”

means the digital transformation platform operated by Sivaiah Technologies Inc., consisting of portal.sivaiah.com and associated services as described in Section 1 of this Agreement.

“Subscription”

means the paid plan or package purchased by the Client to access the DigitALL Engine, including any applicable add-ons, features, or tiers.

“Service Availability” or “Uptime”

means the percentage of total time in a given calendar month during which the DigitALL Engine is operational and accessible, excluding Scheduled Maintenance, Emergency Maintenance, and other exclusions as set out in Section 3.

“Scheduled Maintenance”

means maintenance of the DigitALL Engine that is communicated to Clients at least forty-eight (48) hours in advance and performed during off-peak hours.

“Emergency Maintenance”

means urgent, unplanned maintenance required to preserve the security, stability, or integrity of the DigitALL Engine.

“Third-Party Services”

means applications, tools, or services provided by independent third-party providers (including but not limited to payment processors, shipping providers, and scheduling platforms) which may be integrated into or accessed through the DigitALL Engine.

“Confidential Information”

means any non-public business, technical, or financial information disclosed by one party to the other in connection with this Agreement that is identified as confidential or that should reasonably be understood to be confidential by its nature.

1. DigitALL Engine – Scope of Services

The DigitALL Engine, operated by Sivaiah Technologies Inc., is a digital transformation platform consisting of two interconnected components:

• portal.sivaiah.com — the operational environment where registered clients access and use the DigitALL Engine to create, manage, and optimize their digital presence.
• digitall.sivaiah.com — the marketing and informational website for prospective customers. While it provides promotional and onboarding information, only portal.sivaiah.com constitutes the service environment subject to this SLA.

The DigitALL Engine provides the following services to clients:

Website Creation & Customization

Clients may design and configure websites using templates, sections, and layouts owned and licensed exclusively by Sivaiah Technologies Inc. Functionality includes content setup, design customization, and subscription to optional add-ons such as blogs.

Hosting & Infrastructure

All websites created through the DigitALL Engine are hosted on secure, cloud infrastructure providers to ensure scalable, reliable, and secure performance.

Content & Page Management

• Clients may edit website content and pages at any time through the portal.
• Clients may also request Sivaiah Technologies Inc. to perform updates on their behalf; such services may be subject to additional fees.
• Tools are provided to manage listings, categories, and tags for e-commerce functionality.

E-Commerce & Transactions

The platform enables businesses to sell products or services through their websites, including order management, category/tag tracking, and integration with third-party APIs for shipping and logistics.

Platform Fees

In addition to standard third-party payment processing fees, Sivaiah Technologies Inc. charges a platform fee of 0.25% on each transaction processed through the DigitALL Engine. By enabling payment collection features, clients expressly authorize the deduction of these fees.

Integrations & APIs

• The DigitALL Engine integrates with approved third-party applications including, but not limited to, payment processors, shipping providers, and scheduling platforms.
• Sivaiah Technologies Inc. is not responsible for the availability, performance, or errors of any third-party service and shall not be liable for any damages or losses arising from such third-party services.
• Clients are responsible for complying with the terms of service of any third-party applications they choose to use.

Analytics & Dashboards

Clients may access analytics dashboards providing insights into website performance, customer engagement, and e-commerce activity.

SEO Optimization

Tools are provided to optimize client websites for search engine visibility, including metadata editing, structural optimization, and other SEO best practices.

Support Services

Technical and operational support is available to assist clients with troubleshooting, integration guidance, and other service-related issues.

Intellectual Property Rights

• All templates, sections, layouts, modules, and the DigitALL Engine itself remain the sole intellectual property of Sivaiah Technologies Inc.
• Clients are granted a limited, non-exclusive, non-transferable license to use these tools for the duration of their active subscription.
• No rights of ownership or derivative works are transferred to clients by virtue of using the platform.

2. User Access and Eligibility

Account Registration

• Access to the DigitALL Engine requires creation of an account through portal.sivaiah.com.
• Users must provide accurate and complete information during registration and maintain the accuracy of such information at all times.

Authentication

• Users are required to log in using secure authentication methods provided by Sivaiah Technologies Inc.
• Multi-factor authentication and other security measures may be implemented at Sivaiah Technologies Inc.’s discretion.

Subscription Requirement

• The DigitALL Engine is a subscription-based service.
• Only paid subscribers are entitled to service availability under this SLA.
• Free or trial users are provided access on an “as-is” basis without any service level commitments or guarantees.

Subscription Management

• Users may manage their subscription, billing, and plan level through portal.sivaiah.com.
• Certain features, integrations, or analytics modules may be restricted to specific subscription tiers.

Payments

• All subscription fees are processed through secure, third-party payment processors.
• Clients are responsible for ensuring their billing information is accurate and up to date.
• Subscriptions automatically renew unless cancelled through the portal.
• All fees are non-refundable except as required by law.

Authorized Use

• Each subscription is intended solely for the subscribing business entity and its authorized users.
• Account sharing outside of the subscribing entity is prohibited.
• Sivaiah Technologies Inc. reserves the right to suspend or terminate access in case of unauthorized use, misuse, or violation of this Agreement.

Resellers and Partners

• This SLA applies only to direct end-business clients of Sivaiah Technologies Inc. who have entered into a subscription agreement.
• Resellers, distributors, or third-party partners are not entitled to SLA coverage unless they are expressly authorized in writing by Sivaiah Technologies Inc.
• Any resale, redistribution, or unauthorized bundling of the DigitALL Engine services without prior written approval constitutes a breach of this Agreement.

3. Service Availability and Uptime

Best Efforts Commitment

Sivaiah Technologies Inc. shall use commercially reasonable efforts to ensure that the DigitALL Engine remains available and operational for clients at all times, subject to the terms of this Agreement.

Service Level Objective

The DigitALL Engine is designed to achieve a target uptime of 99.5% per calendar month, excluding periods of scheduled maintenance, emergency maintenance, and events outside the reasonable control of Sivaiah Technologies Inc. While this target represents a service level objective, it does not constitute a guarantee.

Maintenance Windows

• Scheduled maintenance will occur during off-peak hours to minimize disruption.
• Clients will be notified via the website and email at least 48 hours in advance of any scheduled maintenance.
• For urgent or emergency maintenance, notice will be provided as soon as reasonably practicable.
• Planned maintenance will be minimized and will not exceed industry-standard timeframes.
• Scheduled maintenance periods are expressly excluded from uptime calculations.

Exclusions

The service level objective does not apply to downtime or service interruptions caused by:

• Client misuse or configuration errors;
• Internet, network, or connectivity issues outside of the control of Sivaiah Technologies Inc.;
• Third-party application failures, including but not limited to payment processors, shipping providers, or scheduling tools;
• Force majeure events (including but not limited to natural disasters, labor disputes, or cyberattacks).

No Service Credits

Except where otherwise agreed in writing, no financial remedies, service credits, or compensation shall be provided for downtime or unavailability.

4. Data Handling and Security

Data Usage and Privacy

• Sivaiah Technologies Inc. does not sell client data.
• If at any time in the future data-sharing practices change, clients will be notified in advance and provided with clear options to manage or opt out of such practices, as required by applicable law.

Data Storage

All client data is stored on secure cloud infrastructure designed to provide redundancy, scalability, and industry-standard protections against unauthorized access or data loss.

Data Location

Client data may be stored or processed in data centers located outside of Canada, depending on the configuration of the cloud infrastructure provider. By using the DigitALL Engine, clients consent to such storage and processing, subject to the protections and safeguards outlined in this Agreement.

Encryption and Security Measures

• Sensitive data, including but not limited to API keys and access tokens, is encrypted both in transit and at rest.
• Additional security measures may be introduced over time, including multi-factor authentication and enhanced compliance protocols, which will be communicated to clients as they are implemented.

Client Responsibility for Credentials

• Clients are solely responsible for maintaining the confidentiality of their account credentials, including usernames, passwords, and any authentication keys issued to them.
• Sivaiah Technologies Inc. shall not be held liable for unauthorized access resulting from compromised client credentials.

Regulatory Compliance

• Sivaiah Technologies Inc. will handle client data in compliance with applicable Canadian federal and provincial privacy laws, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA).
• Where applicable, Sivaiah Technologies Inc. will adopt reasonable industry practices to align with international data protection standards.

5. Liability and Remedies

Limitation of Liability

To the maximum extent permitted by law, the total aggregate liability of Sivaiah Technologies Inc., whether in contract, tort, or otherwise, arising out of or related to this Agreement or the use of the DigitALL Engine, shall not exceed the total subscription fees paid by the client to Sivaiah Technologies Inc. during the twelve (12) months immediately preceding the event giving rise to the claim.

Exclusion of Certain Damages

In no event shall Sivaiah Technologies Inc. be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, business interruption, loss of data, or loss of goodwill, even if advised of the possibility of such damages.

Force Majeure

Sivaiah Technologies Inc. shall not be held liable for delays, failures, or interruptions in service caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supply chain disruptions, internet or telecommunications failures, cyberattacks, or governmental actions.

Service Credits

Except where expressly agreed in writing by Sivaiah Technologies Inc., clients are not entitled to any financial remedies, service credits, or refunds in connection with downtime or service unavailability.

6. Support and Response Times

Support Channels

Clients may contact Sivaiah Technologies Inc. for support through the channels provided within portal.sivaiah.com, including email and in-platform support requests.

Acknowledgement

Support requests are typically acknowledged within 24 business hours during standard business hours (Monday to Friday, excluding statutory holidays in Ontario, Canada).

Resolution Efforts

• Sivaiah Technologies Inc. will use commercially reasonable efforts to resolve service-related issues as promptly as possible, taking into account the severity and complexity of the issue.
• Critical issues affecting platform availability or core functionality will be prioritized.

Exclusions

• Response and resolution times are targets only and do not represent guaranteed service levels.
• Delays caused by third-party providers, client-side issues, or events outside the reasonable control of Sivaiah Technologies Inc. are excluded.

7. Incident Response and Escalation

Notification of Incidents

In the event of a significant service disruption, data incident, or security issue affecting the DigitALL Engine, Sivaiah Technologies Inc. will notify affected clients promptly upon becoming aware of such an incident, subject to any restrictions imposed by applicable law or the underlying infrastructure provider.

Assessment and Resolution

Sivaiah Technologies Inc. will assess the scope, severity, and impact of the incident and will work with its infrastructure provider to restore normal service as quickly as reasonably possible.

Escalation

If resolution is delayed beyond standard expectations, Sivaiah Technologies Inc. may escalate the matter internally and with its infrastructure provider to prioritize recovery.

8. Data Backup and Disaster Recovery

Backups

The DigitALL Engine relies on secure cloud infrastructure that includes backup and redundancy features to protect client data against accidental loss or corruption.

Disaster Recovery

In the event of a catastrophic system failure or data loss, Sivaiah Technologies Inc. will rely on the disaster recovery measures provided by its infrastructure provider to restore services and data in accordance with industry-standard recovery objectives.

Limitations

• While commercially reasonable backup and recovery measures are in place, no system can guarantee complete protection against all forms of data loss.
• Clients are encouraged to maintain their own backups of critical data where appropriate.

9. Service Evolution and Change Management

Continuous Improvement

The DigitALL Engine is a continuously evolving platform. Features, integrations, and service components may be added, modified, or deprecated over time.

Notice of Material Changes

Where changes materially affect client use of the service, Sivaiah Technologies Inc. will provide reasonable advance notice via email and/or through portal.sivaiah.com.

Emergency Changes

In cases requiring immediate updates for security, stability, or compliance, Sivaiah Technologies Inc. may implement changes without prior notice. Clients will be informed as soon as practicable after such changes are made.

10. Customer Responsibilities

To ensure the optimal performance, reliability, and security of the DigitALL Engine, clients agree to:

Provide Accurate Information

• Supply complete, accurate, and up-to-date information during account registration, website setup, and any subsequent updates.
• Delays, inaccuracies, or omissions may affect service performance, and Sivaiah Technologies Inc. shall not be liable for resulting issues.

Maintain Security of Access

• Safeguard account credentials, including usernames, passwords, and authentication details.
• Immediately notify Sivaiah Technologies Inc. if unauthorized access or use of the account is suspected.

Comply with Applicable Laws

Ensure that all use of the DigitALL Engine, including published content, e-commerce activities, and integrations, complies with applicable laws and regulations, including but not limited to privacy, consumer protection, and intellectual property laws.

Follow Best Practices and Guidance

Adhere to any reasonable guidelines, recommendations, or instructions provided by Sivaiah Technologies Inc. regarding the configuration and operation of the DigitALL Engine.

Responsibility for Content

Clients are solely responsible for the accuracy, legality, and appropriateness of the content they publish or distribute using the DigitALL Engine. Sivaiah Technologies Inc. does not monitor or control client-generated content and disclaims all liability arising from such content.

Prohibited Content

• Clients are prohibited from publishing or distributing any content through the DigitALL Engine that is unlawful, defamatory, harassing, hateful, discriminatory, obscene, or otherwise objectionable.
• Sivaiah Technologies Inc. reserves the right, but not the obligation, to remove content or suspend accounts that violate this policy.
• Clients remain solely responsible for all content they publish and the consequences of such publication.

11. Termination and Modifications

Termination by Client

Clients may terminate their subscription to the DigitALL Engine at any time through their account on portal.sivaiah.com. Termination will take effect at the end of the current billing cycle unless otherwise agreed in writing.

Termination by Sivaiah Technologies Inc.

Sivaiah Technologies Inc. may suspend or terminate a client’s access to the DigitALL Engine immediately if:

• The client fails to pay applicable fees when due;
• The client engages in misuse of the platform, unauthorized resale, or violation of applicable laws;
• The client breaches this Agreement or other policies issued by Sivaiah Technologies Inc.

In such cases, no refund will be provided for prepaid fees.

Automatic Termination

Access to the DigitALL Engine will automatically terminate if a client’s subscription lapses or is cancelled, unless otherwise agreed in writing.

Modifications to the SLA

Sivaiah Technologies Inc. reserves the right to update, revise, or modify the terms of this Service Level Agreement at any time. Clients will be notified of material changes via email and/or a notice posted on portal.sivaiah.com. Continued use of the DigitALL Engine following such notice constitutes acceptance of the revised Agreement.

Survival of Provisions

Upon termination of a client’s subscription, provisions relating to intellectual property, limitation of liability, and data handling shall survive to the extent necessary to protect the rights of Sivaiah Technologies Inc. and its clients.

12. General Provisions

Governing Law and Jurisdiction

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Dispute resolution (including mediation and binding arbitration) shall be conducted as set out in the Master terms (Section 15), which are incorporated by reference. Nothing herein prevents a party from seeking urgent injunctive or equitable relief in a court of competent jurisdiction in Ontario.

Entire Agreement

This Service Level Agreement, together with any applicable subscription terms and related policies, constitutes the entire agreement between the client and Sivaiah Technologies Inc. with respect to the DigitALL Engine and supersedes all prior or contemporaneous understandings, agreements, or communications, whether written or oral.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

The failure of Sivaiah Technologies Inc. to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

Assignment

Clients may not assign or transfer their rights or obligations under this Agreement without the prior written consent of Sivaiah Technologies Inc. Sivaiah Technologies Inc. may assign or transfer this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of assets, provided that such assignment does not reduce the rights of clients under this Agreement.