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Service Level Agreement

This StoryShare Service Level Agreement (“SLA”) governs the use of the StoryShare Service under the terms of the StoryShare Terms of Service (the “TOS”) between StoryShare (“StoryShare”, “us” or “we”) and users of the StoryShare API (“you” or “Customer”). This SLA applies separately to each account using the StoryShare Service. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. StoryShare reserves the right to change the terms of this SLA in accordance with the TOS.

1. Service Commitment

StoryShare will use commercially reasonable efforts to make the StoryShare Service available 99.95% of the time. In the event StoryShare does not meet the goal of 99.95% availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.

2. Definitions

The following capitalized terms shall be given the meaning set forth below:

  • 2.1 “Unavailable Time” means the StoryShare Service is not available for use according to third party performance; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
  • 2.2 “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5-minute periods during the Service Month in which the StoryShare Service was in a state of “Unavailable Time”.
  • 2.3 A “Service Credit” is a dollar credit, calculated as set forth below, that StoryShare may credit back to an eligible Customer account:
    • For a calendar month where the Uptime Monthly Percentage, as identified by Pingdom, StoryShare, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer’s account a percentage of that month’s billings, as defined by this statement: If the Monthly Uptime Percentage is less than 99.95%, a Service Credit of 10% will be applied.
    • Service Credit shall be issued to Customer’s StoryShare balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.

3. Credit Request and Payment Procedures

To apply for a Service Credit, the customer must submit a ticket via the Account Portal within 30 days of the month in which the Unavailable Time occurred. The ticket must include (i) “SLA Claim” as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.

4. Exclusions

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the StoryShare API, or any other StoryShare API performance issues, that (i) are caused by factors outside of StoryShare’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of StoryShare or its direct hosting subcontractors (i.e beyond the point in the network where StoryShare maintains access and control over the StoryShare Services); (ii) result from any actions or in-actions of Customer or any third party (other than StoryShare’s direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within StoryShare’s direct control); or (iv) arise from StoryShare’s suspension and termination of Customer’s right to use the StoryShare Services in accordance with the TOS, (v) scheduled maintenance and/or on-going upgrades; or (vi) problems or issues related to alpha, beta or not otherwise generally available StoryShare features or products (collectively, the “Exclusions”).

5. Sole Remedy

Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the StoryShare Services or other failure by us to provide the StoryShare Services.

© Project StoryShare, LLC – Patent Pending 62533234

Foreign Filing License US 62/533,234

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