API Service Level Agreement

This API Service Level Agreement (“SLA”) governs the use of the Powerball, Mega Millions, Cash4Life, Fantasy 5, Lotto America, and Lucky4Life APIs (herein after referred to as the "APIs") under the terms of the Avora Technology Consultants, LLC Terms of Service (the “TOS”) between Avora Technology Consultants, LLC and/or Avora Tech (we, us, our, Avora Tech) and users of the APIs (“you” or “Customer”).

This SLA applies separately to each account using the APIs, in data centers where users of the APIs have applications that are in production mode.

Unless otherwise provided herein, this SLA is subject to the terms of the Terms of Service and capitalized terms will have the meaning specified in the Terms of Service. Avora Tech reserves the right to change the terms of this SLA in accordance with the Terms of Service.

1. Service Commitment

Avora Tech will use commercially reasonable efforts to ensure that Avora Tech services are available with a Monthly Uptime Percentage of at least 99.99% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

2. Definitions


2.1 “Unavailable Time” means the APIs are not available for use according to third party performance and monitoring services contracted by Avora Tech at its sole discretion (the “Monitoring Service”).

2.2 The Monitoring Service reports of availability is currently available at https://avoratech.com/status; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.

2.3 “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which one or more of the APIs were in a state of “Unavailable Time” as identified by Monitoring Service.

2.4 “Scheduled Maintenance” is maintenance taking place on a Sunday, between 06:00 and 10:00 UTC. When Scheduled Maintenance involves more than 5 minutes of disruption, Avora Tech will provide, as a minimum, 10 days notice. If the maintenance period involves disruption of under 5 minutes, Avora Tech will provide a minimum of five days notice. All notices will be issued through https://avoratech.com/status.

2.5 “Emergency Maintenance” means any time where Avora Tech must undertake other urgent maintenance activities. If Emergency Maintenance is required, we will use 
https://avoratech.com/status to notify customers and provide the expected start time and the planned duration of the Emergency Maintenance.

2.6 A “Service Credit” is a currency based credit, calculated as set forth below, that Avora Tech may credit back to an eligible Customer account.

2.7 “Data centers” are geographically distributed locations, from which Avora Tech services are provided.

3. Service Credits


Service Credits are calculated as a percentage of the total charges due on your Avora Tech invoice for the monthly billing cycle in which the Unavailability occurred. Charges are pro-rated, based on the impact to your Application, within the affected data center.

Monthly Uptime Percentage Service Credit <99.99-99.90% 5% <99.89-99.50% 10% <99.49-99.00% 20% <98.99 40%


Service Credit shall be issued to Customer’s Avora Tech balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.


4. Credit Request and Payment Procedures


To apply for a Service Credit, the customer must submit a ticket via email to support@avoratech.com within 30 days of the month in which the Unavailable Time occurred. The ticket must include:

(i) “SLA Claim” as the subject of the ticket;

(ii) the dates and times of the Unavailable Time for which you are requesting credit; and

(iii) any applicable information that documents the claimed outage.


5. Exclusions


Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of an API, or any other API performance issues, that:

(i) are caused by factors outside of Avora Tech’s reasonable control, including, without limitation, any force majeure event, Internet access or related problems beyond the demarcation point of Avora Tech or its direct hosting subcontractors (i.e. beyond the point in the network where Avora Tech maintains access and control over the Avora Tech Services);

(ii) result from any actions or inactions of Customer or any third party (other than Avora Tech’s direct hosting subcontractor);

(iii) result from Applications, equipment, software or other technology and/or third-party equipment, software or other technology (other than third party equipment within Avora Tech’s direct control); or

(iv) arise from Avora Tech’s suspension and termination of Customer’s right to use the Avora Tech Services in accordance with the TOS,

(v) Scheduled Maintenance; or (vi) problems or issues related to Alpha, Beta, or not otherwise generally available Avora Tech features or products (collectively, the “Exclusions”).


6. Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

We Secure. You Succeed.


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NAICS Codes

513210: Software Publishers • 541990: Professional, Scientific, and Technical Services • 541511: Custom Computer Programming Services • 541512: Computer Systems Design Services • 541618: Telecommunications Management Consulting Services • 541519: Other Computer Related Services611: Educational Services • 611420: Computer Training • 611430: Professional Mgt Development Training • 541690: Security consulting services

D-U-N-S Number 08-028-0223 CAGE Code 7NCK0