Service Level Agreement

This Bookafy Software Service Level Agreement (“SLA”) between Bookafy Software, Inc. (“Bookafy Software”, “us” or “we”) and users of the Bookafy Software Services (“you”) governs the use of the Bookafy Software Services under the provisions of the Bookafy Software Services Agreement (the “Terms”).

This SLA applies only to the online Bookafy software and does not apply to any professional services or services provided through Bookafy by a third party.

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.

1. Service Commitment: 99.95% Uptime

Bookafy Software will use commercially reasonable efforts to make the Bookafy Software Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the Bookafy Software SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive Service Credit.

A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21 minutes 55 seconds /month of Unavailability.

2. Definitions

“SaaS” means Software as a Service delivered over the internet rendered on your local internet connected device through a supported browser

“Hosted Infrastructure” means the physical servers and network devices within our immediate control. This excludes your internet connected devices, network, your Internet Service Provider and any third party Internet Service Providers or Content Delivery Networks

“Bookafy Software Services” mean the Bookafy SaaS Software in a SaaS Hosted Environment.

“Maintenance” means scheduled Unavailability of the Bookafy Software Services, as announced by us prior to the Bookafy Software Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Bookafy Software Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Bookafy Software SLA Exclusion.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” means when the Bookafy Software Services has unplanned access to Bookafy Software Services which prevents you from logging into Bookafy as a result of Hosted Infrastructure failure or the Bookafy Software Services software failure.

“Third Party” is any entity that is not Bookafy, or any Bookafy vendor or partner that is not under direct control of Bookafy. For example, but not exclusive to, Bookafy Resellers, Merchant Processing Partners, Payment Gateways, Content Delivery Network Providers, Internet Service Providers, Hardware Manufacturers, Government Agencies.

3. Method of Monitoring

We measure availability based on your ability to login to Bookafy. We operate a synthetic login test that will login to Bookafy every 5 minutes. This test is executed from outside of Bookafy’s network to emulate the customer experience as best as possible. In the event of four consecutive failures of that test, Bookafy will classify that as a possible Unavailability event. The official measurement for SLA credits is based off of this test.

4. Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:

• If Availability falls below 99.95% in any given calendar month, you will receive a 5% credit for each 15 minute period with a maximum of one full month service credit

We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Bookafy Software. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

5. Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Bookafy Software Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

6. Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing Bookafy.support@bookafy.com. To be eligible, the credit request must be received by us within 30 days of any Unavailability event:

• the words “SLA Credit Request” in the subject line;
• the dates and times of each Unavailability incident that you are claiming;
• your account name and location ID(s)
• logs that document the errors and corroborate your claimed outage

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

7. Bookafy Software SLA Eligibility

To receive any SLA credit, your account must be in good standing and cannot be past due with us. You must also complete your onboarding process and actively be using Bookafy for your business. We consider you as “actively using Bookafy” when your account is designated as ‘live’ by us, after your onboarding is complete, within your instance of the Bookafy platform.

8. Bookafy Software SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Bookafy Software Services, or any other Bookafy Software Service performance issues:

1. That result from a suspension as described in the Terms;
2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Bookafy Software network;
3. That result from any actions or inactions of you or any third party;
4. That result from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
5. That result from failures of Bookafy Software Services not attributable to Unavailability; or
6. That result from any announced planned or emergency maintenance, and any unavailability that occurs during an announced maintenance window.
7. Other areas of Bookafy outside of your ability to login and access the Bookafy software, this includes, but is not limited to, reports, dashboards, third party integrations, hardware integrations, your own custom integrations via Bookafy’s API, marketing integrations, SMS integrations and delivery, and email integrations and delivery.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.