License Agreement & SLA

Commercial licensing terms, custom software deliverable assignments, open-source software governance, and service level commitments (SLA) for managed infrastructure.

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SECTION 01

1. Scope & Framework of Agreement

This Master License Agreement & Service Level Agreement ("Agreement") governs the licensing, delivery, and ongoing operational maintenance of software, codebases, and server configurations provided by Spyber Polymath to clients and end users.

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Contractual Precedence:In the event of a conflict between this document and an executed bespoke Statement of Work (SOW), the bespoke SOW shall prevail.

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Parties:Binds the Client and Spyber Polymath under mutual covenants of intellectual integrity and technical performance.

SECTION 02

2. Client Deliverables & Intellectual Property Transfer

For bespoke engineering contracts (full-stack web apps, mobile apps, database schemas, custom API integrations):

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Full Transfer upon Final Settlement:Upon full and final payment of all contracted invoices and milestones, Spyber Polymath assigns to the Client all worldwide rights, title, and interest in bespoke code crafted exclusively for the Client.

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Retained Background Technology:Spyber Polymath retains title to all generic utilities, foundational scaffolding, CI/CD templates, and pre-existing modules. Client is granted a perpetual, non-exclusive, irrevocable, worldwide, royalty-free license to use, modify, and build upon such background technology.

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Third-Party & OSS Dependencies:Deliverables utilizing third-party libraries (e.g., React, Next.js, Django, Tailwind CSS) remain subject to their respective open-source licenses (MIT, Apache 2.0, BSD-3-Clause).

SECTION 03

3. Proprietary Software & Tooling Restrictions

Where software or tooling is provided under a commercial license rather than bespoke assignment:

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License Grant:Spyber Polymath grants the licensee a limited, non-transferable, non-sublicensable license to execute the software solely for internal business operations.

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Restrictions:Licensee shall not reverse-engineer, decompile, redistribute, lease, or create derivative works for third-party commercial sale without our prior written authorization.

SECTION 04

4. Infrastructure Service Level Agreement (SLA)

For clients enrolled in our Managed Cloud VPS & DevSecOps retainer agreements:

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Target Uptime Availability:We target 99.9% monthly availability for web applications and cloud instances hosted on properly provisioned production infrastructure.

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Scheduled Maintenance Windows:System updates, kernel upgrades, and security patches are scheduled during off-peak hours (typically 01:00 to 04:00 IST) with at least forty-eight (48) hours prior notice.

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Exclusions from SLA:Downtime caused by upstream provider outages (e.g., AWS, Cloudflare, DigitalOcean regional fiber cuts), client-initiated code deployments without staging approval, or force majeure events are excluded from SLA calculations.

SECTION 05

5. Technical Support Tiers & Incident Severity

Managed support inquiries are categorized and addressed according to defined response benchmarks:

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Severity 1 (Critical Outage):Production service down, data corruption, or severe security breach. Initial engineering response within one (1) to two (2) hours, operating continuously until resolved or mitigated.

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Severity 2 (High Degradation):Core features impaired, severe latency, or non-critical server warnings. Initial engineering response within four (4) to six (6) hours.

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Severity 3 (Standard / Minor):Feature requests, cosmetic tweaks, minor bugs, or configuration adjustments. Addressed within one (1) to two (2) business days.

SECTION 06

6. Warranty & Defect Remediation Window

Spyber Polymath provides a structured warranty window following production handoff:

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Thirty (30) Day Defect Warranty:For a period of thirty (30) calendar days following production deployment, Spyber Polymath will remediate any reproducible bugs or deviations from agreed specifications at no additional cost.

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Warranty Exclusions:Defects introduced by third-party modifications, upstream API breaking changes, client tampering with server configs, or new scope requests are excluded from the warranty.

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