Service Level and Support Policy

This policy forms part of the Agreement between Branded Mark Limited and the Customer under the BrandedMark Customer Terms. Capitalised terms not defined here have the meanings in the Customer Terms. It applies to paid Subscription Terms only. It does not apply to Free or Beta Services.

In short: we aim for at least 99.5% monthly availability and publish our uptime on a status page. There are no service credits in the standard terms. If availability falls below 99.0% three months in a row, you can leave with a pro-rata refund. Support runs in UK business hours, with response targets by severity.

#1. Availability target

1.1 Target. We aim to make the Covered Services available at least 99.5% of the time in each calendar month (the "Availability Target"). The Availability Target is a target, not a guarantee: missing it is not in itself a breach of the Agreement. Your remedy for persistent failure is the termination right in section 4, which is your sole remedy for unavailability (section 4.2).

1.2 Covered Services. (a) Customer application: the staff web application and admin console used by your Authorised Users. (b) Consumer portal: your tenant's End User portal on brandedmark.app or your custom domain, including product experiences, registration, cases and returns. (c) Resolver and passports: GS1 Digital Link resolution and public Digital Product Passport views. (d) Public API: the documented BrandedMark public API.

1.3 Calculation.

Availability % = (Total Minutes − Downtime Minutes) ÷ Total Minutes × 100

• "Total Minutes" is the number of minutes in the calendar month, minus Excluded Downtime.
• "Downtime Minutes" are minutes in which a Covered Service is Unavailable.
• A Covered Service is "Unavailable" in a minute when our monitoring check of it under section 1.4 fails for that minute, because it returns a server error (HTTP 5xx) or an incorrect response, times out, or cannot be reached. Only runs of at least 5 consecutive Unavailable minutes count as Downtime Minutes.
• Degraded performance, or the failure of a single non-core feature where the rest of the Covered Service works, is not Downtime.
• Availability is measured separately for each Covered Service. Section 4 applies to any Covered Service that you use.

1.4 Measurement. We measure availability by checking each Covered Service once a minute from Cloudflare's global network, with each failure confirmed by a second request, and publish current status, daily uptime and incident history at status.brandedmark.com. If you believe our measurement is wrong, you may submit your own logs with a notice under section 4. We will review them in good faith.

#2. Excluded Downtime

Downtime does not count against the Availability Target to the extent it is caused by:

(a) Planned maintenance notified at least 5 business days in advance, carried out in the maintenance window, and not exceeding 4 hours per month in total. The maintenance window is Tuesday, Wednesday or Thursday night, 22:00–04:00 UK time (23:00–05:00 Central European Time). We aim to deploy updates without downtime, and most maintenance causes none. Planned maintenance is shown in advance on our status page, status.brandedmark.com.

(b) Emergency maintenance needed to fix a critical security vulnerability. We give as much notice as practical. Up to 2 hours of emergency maintenance in a month is Excluded Downtime; any more counts as Downtime.

(c) Your systems and actions:

• your network, devices, browsers, DNS or custom-domain configuration;
• your Third-Party Services (ERP, Twilio, ShipEngine, Stripe accounts, webhooks, MCP servers);
• your API usage exceeding documented rate limits; or
• your breach of the Agreement or the AUP.

(d) Suspension under clause 12 of the Customer Terms.

(e) Force Majeure Events under clause 21 of the Customer Terms.

(f) Outages of third-party AI or messaging providers that affect only the dependent feature (AI Features, SMS, email delivery), where the rest of the Covered Service is available.

(g) Free or Beta Services, sandbox tenants and Preview Features (Customer Terms clause 2.7).

#3. No service credits

3.1 Standard terms. The standard Agreement does not include service credits or any other payment for failing to meet the Availability Target.

3.2 Credits by Order Form. Service credits may be agreed in an Order Form, for an additional Fee. If an Order Form includes them, the Order Form sets the credit scale, cap and claims process, and credits are a price adjustment, not a penalty, and count towards the General Cap (Customer Terms clause 16.5).

#4. Chronic failure

4.1 Termination right. If availability of a Covered Service you use falls below 99.0% in three consecutive months, you may terminate the affected Order Form by written notice within 30 days of the end of the third month. If you do:

• we will refund prepaid Fees for the period after termination, pro rata; and
• Schedule A (Switching and Exit) of the Customer Terms applies.

4.2 Sole remedy for unavailability. The termination right in section 4.1, together with any service credits agreed in an Order Form, is your sole and exclusive remedy for any unavailability of the Service, including where it would otherwise be a breach of Customer Terms clause 14.2. This does not limit Customer Terms clause 16.1, or your rights under the Customer Terms and the DPA for a security incident or a personal data breach.

#5. Support

5.1 Channels.

• In-app help and the help centre in the Service.
• Email: [email protected].
• For Severity 1 issues, email [email protected] with "SEV1" in the subject line. Enterprise customers may also use the phone number or shared channel listed in their Order Form.
• Security incidents and vulnerabilities: [email protected].

5.2 Hours. Standard support is available 09:00–17:30 UK time, Monday to Friday, excluding public holidays in England and Wales ("Business Hours"; each such day is a "Business Day"). We monitor Severity 1 incidents affecting the platform as a whole outside Business Hours on a best-efforts basis. There is no contractual out-of-hours response time.

5.3 Who may contact support. Your Authorised Users with an admin role, and your nominated support contacts. We do not provide support directly to your End Users unless your Order Form says so. If they contact us, we refer them to you.

5.4 Severity levels and response targets.

We set the severity in good faith based on your report and may change it as we learn more. Response targets are measured from when we receive a complete report through a channel in section 5.1. A report received outside Business Hours is treated as received at the start of the next Business Hour. The targets are not guarantees of resolution times, and they carry no service credits. Security incidents reported to [email protected] are handled as a priority under our incident process, outside Business Hours on a best-efforts basis, and Personal Data Breaches are notified under the DPA.

5.5 What you need to give us. A clear description, the steps to reproduce, the affected tenant, users, product or serial, any error messages, screenshots, and your contact details. If we need to access your tenant to investigate, we do so under clause 18.5 of the Customer Terms. If you have asked us to stop support access, we will ask you first, except where clause 18.5(d) allows otherwise, and the response targets in section 5.4 do not apply to issues we can't investigate without it.

5.6 Out of scope.

• Support for Third-Party Services.
• Custom development.
• Data migration beyond Schedule A.
• Your own consumer-facing customer service.
• Training beyond the help centre.

These are available as professional services.

#6. Incident communication

For S1 incidents we will:

• post updates on the status page, status.brandedmark.com;
• notify affected customers' admin contacts by email; and
• for incidents lasting more than one hour, publish a post-incident summary within 10 business days, covering cause, impact and preventive actions.

Personal Data Breaches are notified under the DPA (without undue delay, with a target of 48 hours and in any event within 72 hours).

#7. Changes

We may update this policy under clause 22 of the Customer Terms. We will not reduce the Availability Target, the termination right in section 4 or the support response targets during your current Subscription Term without your agreement.

#Version history