Service Level Agreement

Last updated April 26, 2019

Thank you for using AppSynergy by ParaSQL. This Software and Service is provided by ParaSQL LLC, a Florida limited liability company (referred to as ParaSQL, AppSynergy, Company, we, our, or us in this SLA). This Service Level Agreement (SLA) is between You (referred to as Customer, Client, you, or your in this SLA) and us. This Agreement is entered into as of the date you begin paying for a Covered Service. This SLA applies only to plans that are covered by an SLA (Covered Service).

During the term of your License Agreement the Covered Service will provide a Monthly Uptime Percentage to Customer of at least 99.95% (the "SLA"). If the Covered Service does not meet the SLA, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. This SLA states Customer's sole and exclusive remedy for any failure by Company to meet the SLA.

Definitions

The following definitions apply to the SLA.

• "Covered Service" means the ParaSQL/AppSynergy Service, or any of the Google Cloud Services on which it depends (including but not limited to Google Cloud App Engine, Compute Engine, Cloud Datastore, and Cloud Storage).
• "Downtime" means the service is not accessible from a supported web browser via a reliable Internet connection.
• "Downtime Period" means a period of one consecutive minute of Downtime in which at least five connection attempts are made. Intermittent Downtime for a period of less than one minute will not be counted towards any Downtime Periods.
• "Monthly Uptime Percentage" means total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.
• "Financial Credit" means the following for the Covered Service (except as otherwise set forth below): Percentage of monthly bill for the Covered Service which does not meet SLA that will be credited to future monthly bills of Customer. Uptime of 99.0% to < 99.95% Customer receives a 10% credit, uptime of 95.0% to < 99.0% Customer receives a 25% credit, uptime < 95.0% Customer receives a 100% credit.

Customer Must Request Financial Credit

In order to receive any of the Financial Credits described above, Customer must notify Company technical support within 48 hours of any Downtime incident. Failure to comply with this requirement will forfeit Customer's right to receive a Financial Credit.

Maximum Financial Credit

The aggregate maximum number of Financial Credits to be issued by Company to Customer for any and all Downtime Periods that occur in a single billing month will not exceed 100% of the amount due by Customer for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.

SLA Exclusions

The SLA does not apply to any: (a) features or Services designated Alpha or Beta (unless otherwise set forth in the associated Documentation), (b) features or Services excluded from the SLA (in the associated Documentation), (c) features or Services that have been deprecated; or (d) errors: (i) caused by factors outside of Company's reasonable control (excepting errors in the Google Cloud Services); (ii) that resulted from Customer's software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement; (iv) that resulted from quotas listed in the Documentation; or (v) that resulted from Customer's restart of an Instance.