Availability Commitment.

The Acuvity Product will be Available 99.5% of the time, measured on a calendar monthly basis (the “Availability Commitment”).  “Availability” means that the Acuvity Product is available to receive IT helpdesk tickets or IT helpdesk communications from Customer’s employees or other personnel.  Availability measures will not include downtime resulting from:

• Upgrades: Customer will receive prior notice by email of Acuvity’ upgrade windows, which will be scheduled between 5pm and midnight Pacific Time  to the extent feasible. Downtime due to upgrades will not exceed 2 hours per month.
• Pre-scheduled maintenance periods: Customer will receive at least 24 hours prior notification by email of pre-scheduled maintenance periods. Maintenance shall be scheduled between 5pm and midnight Pacific Time . Downtime due to pre-scheduled maintenance will not exceed 2 hours per month.
• Emergency maintenance periods: Customer will receive prior notification by email on a commercially reasonable efforts basis. These maintenance periods will involve applying critical security patches and other emergency repairs to the Acuvity infrastructure.

The Availability Commitment does not apply to any downtime of the Acuvity Product that results from:

• Account suspension or termination due to Customer’s breach of the Agreement;
• Disengagement of functionality of the Acuvity Product due to Customer’s request;
• Force Majeure Events; or
• Customer’s or its service provider’s (e.g., ServiceNow, Slack, Skype, Microsoft Bot Framework, Okta, etc.) equipment, software or other technology.

Acuvity will provide customers with reports on Availability upon request.

Credit

If Acuvity fails to achieve the above Availability for the Acuvity Product, Customer may claim a credit based on a monthly pro-rated amount of the annual subscription fee, as provided below.

PERCENTAGE AVAILABILITY PER MONTH	CREDIT
99.5-100.0	0%
97.0-99.49	4%
94.0-96.99	6%
92.0-93.99	10%
Below 92.0	50%

Customer will not be entitled to a credit if it is in breach of its Agreement with Acuvity, including payment obligations.  To receive a credit, a Customer must file a claim for such credit within five (5) days following the end of the month in which the Availability Commitment was not met by contacting Acuvity at support@Acuvity.com with a complete description of the downtime, how Customer was adversely affected, and for how long.

The credit remedy set forth in this Service Level Agreement is Customer’s sole and exclusive remedy for the unavailability of the Acuvity Product.

Customer Support

Acuvity live technical support business hours will start at 9:00 am Pacific Time and run until 5:00 pm Pacific Time on weekdays. Technical support can be contacted via email at support@Acuvity.com or via shared channels in the customer communication platform.

EMAIL	PHONE	COMMUNICATION TOOLS
support@Acuvity.com	408-435-5100	Shared Acuvity Skype/Teams/Slack channel

Communication Channels

Live technical support will not be available on Christmas Day (December 25) and New Year’s Day (January 1). Limited technical support will be available during the hours listed above during Acuvity holidays. The current Acuvity holidays are set forth below:

• Presidents Day (third Monday of February)
• Memorial Day (last Monday of May)
• Independence Day (July 4)
• Labor Day (first Monday of September)
• Thanksgiving Day (fourth Thursday in November)
• Christmas Eve (December 24)
• New Year’s Eve (December 31)