Service Level Agreement

definitions the following capitalized terms shall, for the purposes of this service level agreement, have the meaning attributed to them below “monthly uptime percentage” means uptime calculated by subtracting from 100 percent the percentage of minutes during a calendar month in which the irisity service was unavailable monthly uptime percentage measurements exclude downtime resulting directly or indirectly from any sla exclusion (defined below) “service level commitment” shall have the meaning set forth in section 2 1 a “service credit” is a usd/eur/gbp credit as relevant, calculated as set forth below, that irisity may credit back to customer “mission critical availability” means availability of mission critical components of the irisity service, intended to allow detection and alert for cameras already connected to the service and previously enabled with detection rules “non mission critical availability” means availability of non mission critical components of the irisity service, that the result of its inavailability doesn’t impact mission critical availability (i e user login to the service, reports generation etc ) general irisity will use commercially reasonable efforts to make the mission critical availability with a monthly uptime percentage of at least ninety nine point five percent (99 5 %), in each case during any calendar month (the “service level commitment”) in the event the mission critical availability does not meet the service level commitment, customer will be eligible to receive a service credit as described below irisity will use commercially reasonable efforts to make the non mission critical availability percentage of at least 99% irisity may carry out maintenance or other services that affect the availability of the irisity service irisity will perform such measures during irisity’s normal office hours but always promptly and in a manner that limits any disruption irisity undertakes to notify customer within a reasonable time before such action service commitment and service credits mission critical availability monthly uptime percentage service credit percentage less than 99,5% 10% service credits are calculated as a percentage of the total fees paid by customer affected by the mission critical unavailability under this agreement for the relevant calendar month in which the mission critical unavailability occurred, in accordance with the schedule below (in case of specific camera/s that were affected, only they will count for the total credit calculation) irisity will apply any service credits only against future fees service credits will not entitle customer to any refund or other payment from irisity a service credit will be applicable and issued only if the credit amount for the applicable calendar month is greater than twenty (20) usd/eur/gbp as relevant service credits may not be transferred or applied to any other agreement unless otherwise provided for in the agreement, customer’s sole and exclusive remedy for any unavailability, non performance, or other failure by irisity to provide the irisity service is the receipt of a service credit (if eligible) in accordance with the terms of this service level agreement credit request and payment procedures to receive a service credit, customer must submit a claim by contacting irisity’s account manager the credit request must be received by irisity no later than by the end of the calendar month subsequent to the month in which the unavailability occurred, and must include the words “sla credit request” in the subject line customer name and site affected the dates and times of each unavailability incident that customer affected by the unavailability is claiming the affected customer’s logs that document the incident(s) and verifies such customer’s claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks) if the monthly uptime percentage of such request is confirmed by irisity and is less than the service level commitment, then irisity will issue the service credit to customer in conjunction with the next invoice to said customer customer’s failure to provide the request and other information as required above will disqualify customer from receiving a service credit service commitment exclusions the service level commitment does not apply to any unavailability, suspension or termination of the irisity service, or any other irisity service performance issues caused by factors outside of irisity’s reasonable control, including any force majeure event or internet access or related problems beyond the demarcation point of irisitys service; that result from any actions or inactions of customer or any third party; that result from any customer developments, customer’s equipment, customer’s software, customer’s data, or other technology and/or third party equipment, third party software or other third party technology (other than third party equipment, third party software or other third party technology within irisity’s direct control); that result from scheduled maintenance or other services notified to customer in advance according to section 2 2 above; or arising from irisity’s suspension and termination of customer’s right to use irisity service in accordance with the agreement if availability is impacted by factors other than those used in irisity’s monthly uptime percentage calculation, then irisity may issue a service credit considering such factors at irisity’s discretion