Availability and Support

This Exhibit A describes the availability and support applicable to the Service. Capitalized terms in this exhibit shall have the meaning assigned to them in the Agreement unless otherwise defined below.

1. System Availability Level
The “System Availability Level” is the percentage of time during a particular calendar month that the Service is generally available to Company’s customers. During the Subscription Term, Company shall maintain a target System Availability Level of 98% in any calendar month. The System Availability Level shall be calculated using the following formula:

[(Actual Availability divided by Total Scheduled Availability) multiplied by 100%].

The following definitions will apply with respect to the calculation of System Availability:

a. “Actual Availability” means Total Scheduled Availability minus Unexcused Downtime, in minutes.

b. “Downtime” means the time (in minutes) that users of the Service are not able to: (a) access the Service; (b) perform ordinary functions related to the Service; or (c) utilize the Service for normal business operations due to failure, malfunction, or delay. Downtime is measured based on server-side error rate.

c. “Excused Downtime” means Downtime due to: (a) System Maintenance; (b) a failure or defect arising out of Third-Party Services; or (c) a Force Majeure Event.

d. “Unexcused Downtime” means Downtime that is not due to Excused Downtime.

e. “System Maintenance” means time (in minutes) that the Service is not accessible due to maintenance of the Service, including for maintenance and upgrading of the software and hardware used by Company to provide the Service where Company provides notice as set forth herein. System Maintenance includes scheduled maintenance and unscheduled, emergency maintenance requiring prompt action to protect the integrity and/or security of Customer Data, Confidential Information, or the Service.

f. “Total Scheduled Availability” means the total minutes in the calendar month, minus Excused Downtime, in minutes.

2. Customer Support Response Time.
Company will respond to Customer support requests within 6 business hours of receipt of such inquiry logged between the hours of 6:00AM – 5:00PM Pacific Time, Monday through Friday (excluding holidays). Customer support inquiries must be emailed to: Company’s ability to provide support depends on Customer’s compliance with the Agreement, Customer’s provision of accurate and detailed information sufficient for Company to reproduce the reported error, and Customer’s response to Company communications in a timely manner. Company is not obligated to provide support for issues related to network unavailability due to reasons beyond its control such as emergency updates to address security, privacy, legal, regulatory, or third-party hardware or software issues not reasonably foreseeable by Company or within Company’s reasonable control. Company is also not responsible for configuring or diagnosing problems in any other part of Customer’s technical infrastructure. Company reserves the right to update its support policies from time to time, provided that no such update will materially and adversely diminish Customer’s rights to support as provided herein.