Service Level Agreement for Spotter Service

Terms

This Service Level Agreement (“SLA”) applies to the Spotter cloud visibility service (“Service”), which is provided as part of the Spotter Terms of Service. Any capitalized terms used in this SLA that are not defined here will have the meaning given to them in the Spotter Terms of Service.

If the Service fails to meet the service levels outlined in this SLA, you may be eligible for a service credit. We reserve the right to modify the terms of this SLA or terminate it at our discretion. However, we will abide by the SLA in effect when you first subscribed for the duration of your initial Subscription Term. If you choose to renew your subscription, the version of this SLA in effect at the time of renewal will apply throughout your renewal term.

Definitions

“Allowable Downtime” means scheduled Cloud2 maintenance and upgrades.
“Downtime” means the total accumulated minutes that are part of Maximum Available Minutes that have no Service Connectivity, excluding a period when the Service is not available due to Allowable Downtime. “Maximum Available Minutes” means the total number of minutes in a month.
“Service Connectivity” means that the Service can be accessed.”
“Uptime Percentage” means Monthly Uptime Percentage % = (Maximum Available Minutes – Downtime) / Maximum Available Minutes.

The Availability Service Level

During the Subscription Term in which you receive the Service from Cloud2, the Service will maintain a Monthly Uptime Percentage of at least 99% in any monthly billing cycle. Claims Process To receive any of the service credits described below, you must notify Spotter support spotter@cloud2.fi within four weeks of the incident. Failure to comply with this requirement will forfeit your right to receive a service credit.

Service Credits

Limitations

We will evaluate all information provided and make a good faith determination as to whether a service credit is owed for the future use of the Service. The service credit will not exceed five additional days of Service availability, which will be added to your Subscription Term. The service credit can only be applied to towards your future payments for the Service.

Exceptions

This SLA does not apply to any issues which are attributable to: (i) Allowable Downtime; (ii) administrative actions taken by non-Cloud2 personnel that impact end user access; (iii) a force majeure event or factors which are outside Cloud2’s reasonable ability to control; (iv) your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Cloud2’s direct control); (v) your use of the Service after we advised you to discontinue or modify your use of the Service, if you did not modify your use as advised; (vi) preview, pre-release, beta or trial versions or features of the Service; (vii) your failure to adhere to Service restrictions or the Acceptable Use Policy as identified in the Terms; (viii) data in transit authentication and/or encryption (signing and/or sealing); or (ix) any suspension and termination of your right to use the Service in accordance with the Terms.