Service Level Commitment

1. Availability. The SightCall Services will be available at least 99.95% of each month during the Term (“Availability”), excluding “Scheduled Downtime” and “Other Causes” (“Service Level Commitment”). The SightCall Services are Available when Users are able to successfully perform remote assistance sessions as configured in their Tenant.

1.1. “Scheduled Downtime” means the downtime resulting from either a Force Majeure event(s) or for regular maintenance, improvements and upgrades.

1.2. “Other Causes” means: (a) downtime caused solely by Customer and Users’ use of the SightCall Services other than in accordance with the Agreement; (b) lack of Availability or untimely response time from Customer with regard to incidents that require Customer participation for source identification and/or resolution; (c) the impairment or unavailability of minor features or functionality that do not adversely affect the User experience or productivity such as cosmetic defects or pending requests for functionality or configuration changes not included in the core SightCall Services offering; (d) system impairment or unavailability caused by scheduled routine activities such as the loading of new data; and (e) Customer’s or Users’ computers or network equipment and any third party activities, equipment or software not within SightCall’s direct control.

1.3. Customer may request monthly Availability information from SightCall by written request.

2. Scheduled and Unscheduled Maintenance.

2.1. Regularly scheduled maintenance time does not count as downtime. Maintenance time is considered regularly scheduled if it is communicated in accordance with Section 4 below at least forty-eight (48) hours in advance of the maintenance time. SightCall hereby provides notice that, on a weekly basis, Sunday between 01:00am and 07:00am UTC (Coordinated Universal Time) is reserved for routine scheduled maintenance for use as needed.

2.2. In emergency conditions, SightCall in its sole discretion may take the SightCall Services down for unscheduled maintenance and, in that event, will attempt to notify Customer in advance in accordance with the Section 4 below. Such unscheduled maintenance will not be counted against the Service Level Commitment.

3. Downtime Measured.

The Service Level Commitment and Availability percentage is calculated by subtracting the “Total Minutes in a Calendar Month” by the “Total Number of Downtime Minutes”, divided by the “Total Minutes in a Calendar Month”, multiplied by 100:

“Availability” as a percentage = [(Total Minutes in the Calendar Month – Downtime) ∗ 100] / (Total Minutes in the Calendar Month)

Customer will notify SightCall of any downtime experience within forty-eight (48) hours of the incident, and Customer must obtain a “support ticket” reference number in order to track Support Services results and to qualify for calculation against the Service Level Commitment hereunder. The measurement of record for availability of the SightCall Services shall be SightCall’s system logs and other records.

4. Updates/Notice. Notice provided by SightCall will be sufficient if posted on the SightCall Support Services page located at http://support.sightcall.com/ or as delivered directly to Customer’s contacts defined by Customer’s Administrators, in a timely manner.

5. Remedies. If, in any calendar month during the Subscription Term, SightCall Services fall below the availability percentages listed below, and provided that Customer is not in material breach of this Agreement, then SightCall will grant Customer a credit for that month in the form of additional access to the SightCall Services at no additional cost at the end of the Subscription Term set forth in the Service Order based on the table set forth below (“Service Credits”) solely for the additional period of time specified below.

6. Service Credit Table. In order to be eligible for the remedies set forth above in Section 5 above, Customer must open a Support ticket and request the Service Credit within thirty (30) days of the end of the month in which the SightCall Services fall below the availability defined below.

7. Exclusion of Trial and Demo Accounts. SightCall trial, proof of value, evaluation and/or demo accounts and other test environments are expressly excluded from this Service Level Commitment or any other SightCall service level commitment.