BerthRight Support and SLA Policy

1. Purpose and Scope

This Support and SLA Policy (“Policy”) describes (a) the support services Berth Right MGMT LLC, a Florida limited liability company doing business as BerthRight (“BerthRight,” “we,” “us”) provides to Marina Operators who subscribe to the BerthRight platform (“Customer,” “you”), (b) BerthRight’s uptime target for the hosted Service, and (c) the service credits available if that target is not met. This Policy is incorporated by reference into the BerthRight Terms of Service and any Master Services Agreement between BerthRight and a Customer. In the event of a direct conflict between this Policy and a signed MSA, the MSA controls.

This Policy applies to the hosted, multi-tenant BerthRight platform (the “Service”). It does not apply to beta or preview features (see Section 5.6), to third-party integrations not supplied by BerthRight, or to Customer’s own hardware, network, or internet connectivity.

2. Definitions

• “Available” / “Availability” — the Service responds to standard health-check requests and Customers and End Users can log in and perform core functions (reservations, billing, POS, and messaging) without a Downtime-qualifying error.
• “Downtime” — any period during which the Service is not Available, measured in whole minutes, excluding Excluded Downtime.
• “Excluded Downtime” — Downtime resulting from any of the causes listed in Section 4.
• “Monthly Uptime Percentage” — calculated as described in Section 3.2.
• “Service Credit” — a percentage discount off Customer’s Service fees for the calendar month in which the Monthly Uptime Percentage fell below the target, applied per Section 6.
• “Business Day” — Monday through Friday, 9:00 a.m.–6:00 p.m. Eastern Time, excluding U.S. federal holidays.
• “Subprocessor” — a third-party service provider BerthRight uses to deliver the Service (see Section 4.3).

3. Uptime Target

3.1 The Target

BerthRight targets 99.5% Monthly Uptime Percentage for the Service.

3.2 Calculation Methodology

Monthly Uptime Percentage is calculated as:

Monthly Uptime Percentage = ((Total Minutes in Month − Downtime Minutes) / Total Minutes in Month) × 100

• The calculation is performed per calendar month.
• Only Downtime attributable to BerthRight’s own application layer and its direct hosting/database infrastructure (Vercel and Supabase) counts against the Monthly Uptime Percentage. Excluded Downtime (Section 4) is removed from the Downtime Minutes figure before the calculation is performed.
• Monthly Uptime Percentage is calculated per Customer tenant where a Customer-specific issue is isolated to that tenant, and platform-wide where the issue is platform-wide.

4. Exclusions

The following do not count as Downtime for purposes of the Monthly Uptime Percentage calculation:

4.1 Scheduled Maintenance

Maintenance windows announced at least 48 hours in advance via email to the Customer’s designated administrator. BerthRight targets scheduled maintenance outside of 9:00 a.m.–6:00 p.m. Eastern on weekdays where practical, recognizing that a single-engineer operation may need flexibility here.

4.2 Emergency Maintenance

Maintenance reasonably necessary to address a security vulnerability, active exploit, or imminent risk of data loss, performed with as much advance notice as is practical under the circumstances (which may be little or none).

4.3 Third-Party Provider Outages

Downtime caused by an outage or degradation of a Subprocessor BerthRight relies on to deliver the Service, where the root cause is outside BerthRight’s direct control. Current Subprocessors relevant to Service availability include:

4.4 Customer-Caused Issues

Downtime caused by Customer’s misuse of the Service, Customer’s own misconfiguration, Customer’s breach of the Terms of Service, or actions of Customer’s users or integrations outside BerthRight’s control.

4.5 Force Majeure

Events beyond BerthRight’s reasonable control, including natural disasters, acts of government, internet backbone failures, and widespread power or telecommunications failures.

4.6 Beta Features

Any feature explicitly labeled “beta,” “preview,” “early access,” or similar is excluded from the uptime target entirely.

4.7 Customer’s Own Connectivity

Downtime or degraded performance caused by Customer’s or an End User’s own internet connection, device, or local network.

5. Service Credits

5.1 Credit Table

If the Monthly Uptime Percentage for a given calendar month falls below the target, Customer is eligible for a Service Credit against the fees paid for the Service for that month, per the table below:

5.2 Claim Procedure

To request a Service Credit, Customer must submit a written request to support@berthright.app within 30 days of the end of the month in which the qualifying Downtime occurred. The request must include the dates and times of the Downtime the Customer experienced and any supporting detail (error messages, screenshots, timestamps). BerthRight will confirm or dispute the claim, using its own monitoring and incident records, within 10 Business Days.

5.3 Sole and Exclusive Remedy

Service Credits are Customer’s sole and exclusive remedy, and BerthRight’s sole liability, for any failure to meet the uptime target described in this Policy.

5.4 Cap

Total Service Credits issued to a Customer in any single calendar month will not exceed 50% of that month’s Service fees. Service Credits are not refunds, are not payable in cash, and apply only as a discount against future invoices.

5.5 Promotional Period

During the initial 6-month free promotional period, no Service fees are due, and therefore no Service Credit has any monetary value; BerthRight nonetheless tracks and discloses Monthly Uptime Percentage to Customers on request during this period, and any Downtime affecting the free period is still logged and reported to Customers by email.

5.6 Beta Features

No Service Credits apply to Downtime of beta or preview features (see Section 4.6).

6. Support Channels and Hours

Support Hours: 9:00 a.m. – 6:00 p.m. Eastern, Monday through Friday, excluding U.S. federal holidays.

7. Severity Levels and First-Response Targets

These are first-response time targets only. They describe how quickly BerthRight will acknowledge and begin working an issue, not how quickly it will be resolved. Resolution time depends on the nature of the issue and cannot be responsibly promised in advance by a two-person engineering operation.

8. Escalation and After-Hours Emergency Path

For a P1 issue occurring outside Support Hours, Customer may call (609) 881-2656 and leave a message marked urgent, or email support@berthright.app with “URGENT — P1” in the subject line. BerthRight will make best efforts to respond as soon as reasonably possible, but Customer should understand that after-hours response is provided by a single individual and is not a staffed, guaranteed-response emergency line.

Within Support Hours, escalation for any severity is handled directly by TJ Heist; there is no secondary escalation tier at this company size. If a P1 is not resolved or meaningfully progressed within 1 Business Day, Customer may request a status call.

9. Scheduled Maintenance and Status Page

• Scheduled maintenance windows are announced at least 48 hours in advance via email to Customer’s designated administrator contact.
• BerthRight provides status and incident updates via email during any Downtime event affecting multiple Customers. A public status page is planned; this Policy will be updated with its address when it is live.

10. Support Scope

10.1 In Scope

• Platform defects and bugs in the BerthRight application.
• Configuration help (setting up slip maps, storage types, service workflows, billing rules, tenant branding).
• Training for Marina Operator staff on using the Service.
• Data questions (understanding reports, reconciling billing, explaining reservation/waitlist logic).
• Guidance on BerthRight’s use of Stripe Connect, Resend, and SMS features as they relate to BerthRight configuration.

10.2 Out of Scope

• Customer’s own hardware (POS terminals, card readers, networking equipment, workstations).
• Customer’s own network/internet connectivity.
• The standing, verification status, or underlying dispute of Customer’s Stripe Connect account with Stripe itself (Customer must resolve directly with Stripe; BerthRight can assist with how BerthRight surfaces that status).
• Custom development work not covered by the standard Service (available separately by written agreement).
• Third-party integrations not supplied by BerthRight.

11. Onboarding and Implementation Support

During the initial 6-month free promotional period, BerthRight provides onboarding support to help Customer configure slips, storage, service workflows, billing, and staff accounts, and to import initial data where feasible. The promotional pricing period does not reduce support quality or responsiveness — Customers on the free period receive the same support channels, severity definitions, and first-response targets described in this Policy as paying Customers.

12. Changes to This Policy

BerthRight may update this Policy from time to time. Material changes that reduce the uptime target or support commitments will be communicated to active Customers at least 30 days before taking effect. The version and effective date at the top of this document reflect the current version.