Service Level Agreement

This service level agreement (this “SLA”) supplements and is incorporated by reference into the Agreement between MaintainX and Customer regarding Customer’s access and use of MaintainX’s computerized maintenance and management software as a service platform entered into contemporaneously or prior to the parties executing an Order Form incorporating this SLA and is effective upon execution of such Order Form. Capitalized terms not otherwise defined herein have the meanings set forth in the Agreement.

MaintainX will make the Service available 99.9% of the time, measured monthly, excluding scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond MaintainX’s control will also be excluded from any such calculation.  Our suspension of the Service to Customer in accordance with Section 3.8 of the Terms of Service, for example, a suspension based on breach of the Agreement, will be excluded from any uptime or downtime calculation under this SLA. Exclusions described in this paragraph are herein referred to as the “Exclusions”.

Customer's sole and exclusive remedy, and MaintainX's sole and exclusive liability in connection with Service availability, is as follows: for a given calendar month in which Service downtime lasts longer than 60 consecutive minutes, MaintainX will credit Customer 5% of the monthly Service fees for each further period of 30 or more consecutive minutes of downtime (“Downtime Credit”) in such calendar month; provided that no more than one such credit will accrue per day. Except to the extent caused by any Exclusion, downtime will begin to accrue upon non-availability, evidenced by log information, and continues until the availability of the Service is restored. To receive Downtime Credit, Customer must request such Downtime Credit by sending an invoice for such Downtime Credit no later than 30 days following the month in which the downtime occurred. Customer unconditionally waives any and all claims for Downtime Credits that are not made during the aforementioned period.

Such Downtime Credits may not be redeemed for cash and are not cumulative beyond a total of credits for more than 25% of Service fees in any calendar month. MaintainX will only apply a Downtime Credit to the month in which the incident occurred.