PUBLIC CLOUD SERVICE LEVEL AGREEMENT

Publish Date: March 11, 2022

Effective Date: April 1, 2022

This Public Cloud Service Level Agreement (this “SLA”) is a policy governing the use of the BANGMOD Cloud Services listed below and applies separately to each Customer using these BANGMOD Cloud Services. In the event of a conflict between the terms of this SLA and the Terms of Service (the “Terms of Service”), We will use this Service Level Agreement as a credit refunds only.

Service Availability Commitment

BANGMOD Cloud will use commercially reasonable efforts to ensure that each class of BANGMOD Cloud Service identified below is “Available” during a given calendar month equal to the “Monthly Availability Commitment” for such BANGMOD Cloud Service as set forth in the table below. In the event any of the BANGMOD Cloud Services do not meet the Monthly Availability Commitment, You will be eligible to receive a Service Credit as described below*.

Calculation of Availability

“Monthly Availability Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any class of BANGMOD Cloud Service was Unavailable. Monthly Availability Percentage measurements exclude Unavailability resulting directly or indirectly from any Unavailability Exclusion (as defined below).

Service Credits

Service Credits are calculated as a percentage of the total Fees paid by You (excluding one-time payments) for the individual BANGMOD Cloud Service for the calendar month in which the Unavailability occurred in accordance with the schedule below.

In order to receive any credit offered under this SLA, customer must initiate a support ticket related to the event AND expressly request that We issue a credit. Outages related to hardware or other services or events not under Bangmod’s control are not eligible for any guarantee or credit offered under this SLA.

Unavailable and Unavailability Exclusions

1. A class of BANGMOD Cloud Services will be considered “Unavailable” or in state of “Unavailability” when a class of BANGMOD Cloud Services has no external connectivity.
2. The following (each an “Unavailability Exclusion”) will be excluded from any time-based calculations related to a class of BANGMOD Cloud Service being Unavailable:
   1. scheduled, recurring or zero impact maintenance windows;
   2. Unavailability due to Your misuse of a particular class of BANGMOD Cloud Service;
   3. Unavailability that results from Your facilities, equipment, software or other technology and/or third party facilities, equipment, services, software or other technology (other than third party equipment within BANGMOD Cloud’s direct control);
   4. Unavailability arising from Your use of an outdated release of the BANGMOD Cloud Services or third party software, or any failure to install a material Update to either of the foregoing;
   5. Unavailability caused by third party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond BANGMOD Cloud’s border router supporting BANGMOD Cloud’s public internet connectivity;
   6. Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround); and
   7. Force majeure events or any other event that are not within BANGMOD Cloud’s direct control or that could not have been avoided with commercially reasonable care.