Service LEVEL AGREEMENT (SLA)

1. Service Level Commitment.

During the Subscription Term for which Pio Software Ltd. has agreed to provide a relevant Cloud Product to you, we will use commercially reasonable efforts to provide a Monthly Uptime Percentage to you in accordance with the table below (“Service Level Commitment”):

Monthly Uptime Percentage

95%

2. Service Credits.

Pio Software Ltd. does not provide Service Credits and is not liable in case there is a failure to meet the Service Level Commitment in a particular calendar month.

3. Exclusions.

You will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Commitment will not include unavailability to the extent due to: (a) your use of the Cloud Products in a manner not authorized in the Terms or not in accordance with the applicable Documentation; (b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (c) your equipment, software, network connections or other infrastructure; (d) Your Data or Your Materials (or similar concepts as defined in the applicable Terms); (e) third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or (f) routine scheduled maintenance or reasonable emergency maintenance. No Service Level Commitment or Service Credits are provided for (x) sandbox instances or free, proof-of-concept, beta or trial services, or (y) features excluded from the Service Level Commitment (in the applicable Documentation).

4. Definitions

• “Monthly Uptime Percentage” means 100% minus the percentage of Downtime minutes out of the total minutes in the relevant calendar month.
• “Downtime” for a Cloud Product occurs when its Error Rate is greater than 5%.
• “Error Rate” means, over a given 1-minute period, the percentage of your requests to a Cloud Product’s Covered Experiences resulting in an error out of your total requests to those Covered Experiences. For cases in which we confirm all Covered Experiences were completely inoperable or unable to receive your requests, the Error Rate for that minute is 100%. If you attempted no requests to any of the Covered Experiences over a minute, the Error Rate is 0%.
• The terms above are defined and calculated independently for each relevant Cloud Product.