Appendix F — Service Level Agreement (SLA)

This Appendix defines the service performance standards, measurement methods, and remedies (collectively, the “SLA”) applicable to the Services. It supplements Section 5 — Service Provision & Availability.

F.1 Scope & Covered Services

• Applies to production environment only (no beta, sandbox, or free-tier unless expressly covered).
• Benefits apply only to paying customers in good standing.

F.2 Uptime Commitment

• Monthly Uptime Percentage (MUP): ≥ 99.9% (less than ~44 min downtime/month).
• Formula: MUP = ((Total Minutes − Downtime) ÷ Total Minutes) × 100.
• Downtime definition: Full unavailability of production environment; exclusions in F.5.

F.3 Maintenance Windows

• Planned: 48h prior notice; excluded from downtime.
• Emergency: may occur without notice; counts only if >30 consecutive minutes.

F.4 Incident Response & Resolution Times

F.5 SLA Exclusions

• Planned maintenance (F.3).
• Force Majeure events (Section 20).
• User equipment, ISP, or third-party networks outside Company control.
• Suspensions under Section 13.
• Beta/free/non-production services.

F.6 Service Credits

• If MUP < 99.9%, User may request credits within 30 days of month-end.
• Credit schedule:
  • 99.0–99.89% → 5% of monthly fee
  • 95.0–98.99% → 10% of monthly fee
  • <95.0% → 25% of monthly fee
• Limit: Credits capped at 50% of monthly fee.
• No cash refunds: Credits apply to future invoices.
• Exclusive remedy: Credits are sole remedy for SLA breaches.

F.7 Claim Procedure

1. Submit claim via portal or email to support@findabetterboss.com.
2. Include: dates/times, description, logs/screenshots.
3. Company verifies with monitoring data.
4. Approved credits applied to next billing cycle.

F.8 Measurement & Tools

• Availability measured at platform edge (load balancers) using independent monitors.
• ISP or local firewall issues not counted as downtime.

F.9 Jurisdiction-Specific Notes

• California: SLA credits enforceable as contractual damages under Cal. Civil Code §3300.
• Delaware: Courts uphold liquidated damages (SLA credits) if proportionate to harm.

F.10 Examples

1. Compliant: 99.95% uptime → no credits.
2. Non-compliant: 94% uptime; verified claim → 25% credit.
3. Compliant Claim: User provides full evidence → credit granted.
4. Non-compliant Claim: Vague complaint, no timings → denied.

Appendix G — Acceptable Use Policy (AUP)

This Appendix sets forth the rules governing your use of the Services. It supplements Section 10 — Prohibited Conduct.

G.1 Scope

• Applies to all use of the Platform, APIs, and related services.
• Covers both content you submit and your conduct.
• Violations may result in suspension, termination, legal action, or reporting to authorities.

G.2 Prohibited Content

You must not upload, post, or share content that:

• Is illegal under U.S. federal, California, or Delaware law.
• Infringes intellectual property rights.
• Constitutes defamation, harassment, threats, or invasion of privacy.
• Contains hate speech, discriminatory remarks, or incitement to violence.
• Includes sexually explicit material involving minors or non-consensual acts.
• Contains malware, viruses, or harmful code.
• Is intentionally false or misleading in a harmful way.

G.3 Prohibited Conduct

You must not, directly or indirectly:

• Access accounts or systems without authorization.
• Probe, scan, or test the Platform’s security without consent.
• Disrupt or degrade the Services.
• Use automated bots or scraping tools without permission.
• Engage in fraud, phishing, or deceptive practices.
• Send spam, chain letters, or unsolicited messages.
• Bypass security measures or usage limits.
• Reverse-engineer or decompile the Services, except as permitted by law.

G.4 Special Protections — Leadership Feedback Platform

• No fabricated leadership experience reports.
• No feedback about people/orgs you have not interacted with in a relevant capacity.
• No attempts to identify anonymous contributors.
• No use of platform data for harassment, retaliation, or unlawful discrimination.

G.5 Enforcement & Remedies

• Violations may result in warnings, suspension, termination, removal of content, legal action, or law enforcement referral.
• Company may act at its discretion if rules or laws are violated.
• Users remain responsible for fees incurred and damages caused by violations.

G.6 Reporting Violations

Report violations to abuse@findabetterboss.com or via the in-platform reporting tool. Include relevant URLs, descriptions, and evidence.

G.7 Jurisdiction Notes

• California: Anti-harassment, anti-discrimination, anti-doxxing laws apply in addition to this AUP.
• Delaware: Contractual restrictions on platform use enforceable under state law.

G.8 Cross-References

• Section 10 — Prohibited Conduct
• Section 15 — User Content
• Section 19 — Indemnification

Appendix H — API Terms of Use

This Appendix governs all access to and use of any Application Programming Interface (“API”) made available by the Company, including documentation, code samples, and developer tools (the “API Services”). It supplements Section 14 — API Terms and Appendix G — AUP.

H.1 Access & Authentication

• Access granted only via API credentials (keys, tokens) issued by the Company.
• Credentials are personal, non-transferable, and must not be shared or exposed publicly.
• You are responsible for activity under your credentials.

H.2 License & Restrictions

Subject to these Terms, Company grants a limited, non-exclusive, non-transferable, revocable license to use the API for lawful purposes in accordance with documentation.

• No reverse-engineering or attempts to derive source code (except where legally permitted).
• No use for competitive analysis, benchmarking, or building competing services.
• No exceeding rate limits or quotas.
• No use violating privacy, data protection, or employment laws.

H.3 Rate Limits & Quotas

• Default: 600 requests/minute and 50,000 requests/day per account.
• Caching permitted up to 24h; longer storage requires written consent.
• Circumvention of limits is prohibited and may result in suspension/termination.

H.4 Data Use & Ownership

• All API responses remain intellectual property of the Company.
• Data may be stored only as long as necessary for permitted use; must be deleted upon request.
• No resale, sublicensing, or redistribution without consent.
• Personal data must be processed in compliance with GDPR/CPRA and other applicable laws.

H.5 Security

• Industry-standard security controls required for API data in transit and at rest.
• Suspected key compromise must be reported immediately to security@findabetterboss.com.
• No malicious code or exploitation attempts.

H.6 Changes & Deprecation

• Company may modify, suspend, or discontinue endpoints at its discretion.
• Deprecated endpoints may stop working after posted sunset dates.

H.7 Enforcement & Remedies

• Violations may lead to suspension, termination, legal action, or damages.
• Company may monitor API usage for compliance (automated checks/audits).

H.8 Jurisdiction Notes

• California: API agreements are enforceable contracts; CPRA rules apply to API data.
• Delaware: API usage restrictions enforceable under Delaware law.

H.9 Cross-References

• Section 9 — Intellectual Property Rights
• Section 15 — User Content
• Appendix G — Acceptable Use Policy

Appendix I — Glossary of Defined Terms

This Appendix defines key terms used in these Terms and incorporated Appendices. Capitalized terms have the meanings below unless context clearly requires otherwise.

API Services

The Company’s Application Programming Interfaces, documentation, and developer tools, as defined in Appendix H.

Acceptable Use Policy (AUP)

Rules governing permissible and prohibited uses of the Platform, in Appendix G.

Account

A registered profile with login credentials, contact details, and history, as governed by Section 3.

Affiliate

An entity controlling, controlled by, or under common control with a party, where control means ≥50% ownership.

Company

Findabetterboss, Inc., a Delaware corporation (in formation), with principal business in California.

Content

All text, images, data, software, or other materials on the Platform, whether from Company, Users, or third parties.

Data

Information processed, stored, or transmitted via the Platform, including Experience Reports, scores, analytics.

Experience Report

A closed-form 72-item questionnaire resulting in numeric scores across 6 dimensions and 1 composite score, published per Section 7.

FABB Leader Score

The composite score derived from Experience Reports for a given leader/organization profile.

Force Majeure Event

An event beyond reasonable control, as described in Section 20.

Intellectual Property Rights

All patents, copyrights, trademarks, trade secrets, and other proprietary rights recognized by law, per Section 9.

Notice

Any formal communication required under the Terms, as governed by Section 22.

Platform

The Company’s websites, applications, APIs, and related services branded “Findabetterboss.”

Premium Account

A paid subscription tier granting extended access to dimension scores, detail views, and features, per Section 8.

Services

All functionalities, tools, and support provided by the Company through the Platform.

User

An individual or entity accessing the Platform, whether registered or not.

User Content

Content submitted by a User (e.g., Experience Reports, comments, profiles) governed by Section 15.

I.1 Updates

The Company may update this Glossary to reflect new features or legal changes, per Section 2 — Changes to Terms.

Appendix J — Jurisdiction-Specific Rules & Compliance Notes

This Appendix summarizes jurisdiction-specific provisions that apply to these Terms, with emphasis on California, Delaware, and U.S. federal law. International users may also have rights under their local laws.

J.1 California Law Notes

• Electronic Transactions: Electronic notices and agreements are enforceable under Cal. Civil Code §§1633.1–1633.17 (UETA). See Section 22 — Notices.
• Auto-Renewal: Cal. Bus. & Prof. Code §§17600–17606 require clear disclosure, consent, and easy online cancellation of subscriptions. See Section 8.
• Consumer Privacy: The CPRA (California Privacy Rights Act) applies to certain data uses. See Appendix C — DPA.
• Anti-SLAPP: Cal. Code Civ. Proc. §425.16 protects against meritless suits targeting speech on matters of public concern. See Section 7.
• Force Majeure: California courts construe narrowly; specificity is critical. See Section 20.

J.2 Delaware Law Notes

• Corporate Flexibility: Delaware General Corporation Law (DGCL) permits broad freedom of contract for governance and contracts. See Section 21.
• Notices: Delaware courts generally enforce contractual notice clauses as written. See Section 22.
• Assignment: DGCL allows contract assignment in mergers/reorgs unless prohibited. See Section 21.

J.3 U.S. Federal Law Notes

• Section 230 CDA: 47 U.S.C. §230 shields platforms from liability for user content (subject to exceptions). See Section 7 and Section 15.
• CAN-SPAM Act: 15 U.S.C. §§7701–7713 regulates commercial email. Opt-out mechanisms required.
• DMCA Safe Harbor: 17 U.S.C. §512 limits liability if notice/takedown procedures are followed. See Section 21.5.

J.4 International Considerations

While Delaware and California law govern, users outside the U.S. may have additional rights (e.g., GDPR in EU, UK GDPR, Swiss FDPIC). Company honors such rights as legally required. See Appendix C.

J.5 Updates

This Appendix may be updated per Section 2 — Changes to Terms if laws or case law materially change enforceability.

Cross-References

• Section 2 — Changes to Terms
• Section 7 — Experience Reports & Scores
• Section 8 — Payment Terms
• Section 15 — User Content
• Section 17 — Governing Law
• Section 20 — Force Majeure
• Section 21 — Miscellaneous
• Section 22 — Notices

Appendix K — Dispute Resolution Procedures

This Appendix describes the procedures for resolving disputes under Section 16 — Dispute Resolution. It includes informal resolution, arbitration rules, opt-out rights, and class action waiver.

K.1 Scope

• Applies to all disputes arising out of or relating to these Terms or the Services.
• Excludes: (a) small claims court actions; (b) IP infringement claims; (c) equitable relief requests.

K.2 Informal Resolution

• Parties must attempt informal resolution before arbitration.
• User must send written notice of dispute to legal@findabetterboss.com.
• Company will respond within 30 days; negotiation window: 60 days.

K.3 Arbitration Agreement

• Disputes not resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA).
• Seat: San Francisco, California. Language: English.
• Rules: AAA Consumer Arbitration Rules (if user is individual) or AAA Commercial Arbitration Rules (if organization).
• Arbitrator may award damages, injunctive relief, attorneys’ fees as permitted by law.

K.4 Opt-Out Rights

U.S. consumers may opt out of this arbitration agreement within 30 days of account creation by sending an email to legal@findabetterboss.com with subject line “Arbitration Opt-Out.” Opting out does not affect other provisions.

K.5 Class Action Waiver

To the fullest extent permitted by law, disputes must be brought on an individual basis only, not as a class, collective, consolidated, or representative action. Arbitrator may not consolidate claims without consent.

K.6 Costs & Fees

• AAA fees allocated per AAA rules; Company may cover consumer portion if required by law.
• Each party bears its own attorneys’ fees unless awarded otherwise by arbitrator.

K.7 Confidentiality

Arbitration proceedings, filings, and awards shall be confidential, except as required to enforce award or as law requires disclosure.

K.8 Enforcement

Judgment on arbitration awards may be entered in any court of competent jurisdiction. Failure to comply may result in injunctive relief or enforcement actions.

K.9 Severability

If any provision of this Appendix is found unenforceable (e.g., class waiver invalidated), remaining provisions remain in force.

Cross-References

• Section 16 — Dispute Resolution
• Section 17 — Governing Law
• Section 18 — Limitation of Liability