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Service Level Agreement

Last Modified: March 28, 2018

  1. Wellzesta Life SLA. During the Term of the applicable Wellzesta Life Agreement (the "Agreement"), the Wellzesta Life Covered Services will be operational and available to Customer at least 99.9% of the time in any calendar month (the "Wellzesta Life SLA"). If Wellzesta does not meet the Wellzesta Life SLA, and if Customer meets its obligations under this Wellzesta Life SLA, Customer will be eligible to receive the Service Credit (described in Section 6). This Wellzesta Life SLA states Customer's sole and exclusive remedy for any failure by Wellzesta to meet the Wellzesta Life SLA.

  2. Customer Must Request Service Credit. In order to receive Service Credit, Customer must notify Wellzesta within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive Service Credit.

  3. Maximum Service Credit. The aggregate maximum Service Credit to be issued by Wellzesta to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service added to the end of Customer's term for the Service (or the value of 15 days of service in the form of a monetary credit to a monthly-billing customer’s account). Service Credit may not be exchanged for, or converted to, monetary amounts.

  4. Wellzesta Life SLA Exclusions. The Wellzesta Life SLA does not apply to any services that expressly exclude this Wellzesta Life SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the "Force Majeure" section of the Agreement; or (ii) that resulted from Customer's equipment or third party equipment, or both (not within the primary control of Wellzesta).

  5. Definitions. The following definitions shall apply to the Wellzesta Life SLA.

    • "Downtime" means, for the Wellzesta Life Covered services, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.

    • "Wellzesta Life Covered Services" means the Wellzesta Life API (accessible by the Wellzesta Life Mobile App), the Wellzesta News API (accessible by the Wellzesta Life Mobile App)  and the Customer Admin Portal, accessible by internet browser at the client domain (typically, CLIENTNAME.wellzestalife.com), such other URL as Wellzesta may provide).

    • "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

    • "Service" means the services defined in the "Services Summary" in the "Wellzesta Life Order Form"

  6. Service Credit is defined as follows:

Monthly Uptime Percentage .. Days of Service added (*)
< 99.9% - >= 99.0% 3
< 99.0% - >= 95.0% 7
< 95.0% 15

(*) Days of Service added to the end of the Service term (or monetary credit equal to the value of days of service for monthly postpay billing customers), at no charge to Customer.