Last updated, November 2021 This Service Level Agreement (“SLA”) is issued under and forms part of the Service Level Agreement or other agreement with Alpine IQ which references this SLA (“Agreement”). Any capitalized terms not defined herein has the meanings described to them in the Agreement.
1. Uptime and Reliability Subject to the concurrent throughput limits (including as may be caused by external factors) as described in the Documentation, Alpine IQ will use commercially reasonable efforts to make the Platform available and operational to Customer with an uptime of 99.99%, calculated on a monthly, per-minute basis (“Target Uptime”). “Platform” means the persona, loyalty, campaigns and discounts http endpoints that ingest Customer Data as well as the user interface dashboard located at https://lab.alpineiq.com. 2. Exclusions The calculation of uptime will not include unavailability to the extent due to: (i) Customer’s use of the Services in a manner not authorized in the Service Agreement or Acceptable Use Policy, (ii) general Internet problems, force majeure events or other factors outside of the reasonable control of Alpine IQ (such as denial of service attacks or third-party service outages), (iii) Customer’s (or one of its vendors’) equipment, software, network connections, utilities or other infrastructure, (iv) third party systems, acts or omissions or (v) Target Uptime Scheduled Maintenance or reasonable emergency maintenance. 3. Scheduled Maintenance “Target Uptime Scheduled Maintenance” means scheduled maintenance that may affect Target Uptime. Target Uptime Scheduled Maintenance will not exceed five (6) hours per month in the aggregate and, to the extent practicable, will be scheduled during the evening hours between 23:00 and 4:00 am the following day Pacific Time. In the event of any unavailability described above, Alpine IQ will use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Platform in connection with outages, whether scheduled or not. Special Termination Right In the event of a verified failure of the Platform to meet the Target Uptime in two (2) consecutive months or in any three (3) of six (6) consecutive months, Customer may terminate the Agreement upon written notice to Alpine IQ and will receive as its sole remedy a refund of any fees Customer has pre-paid for use of the Services for the terminated portion of the applicable Service Agreement Term (“Special Termination Right”). Customer must exercise the Special Termination Right within 30 days of reasonably becoming aware of a Platform failure or such right will be deemed waived. The Special Termination Right is Customer’s sole and exclusive remedy, and Alpine IQ’s sole and exclusive liability, for any failure of the Platform to achieve the Target Uptime.