Service level agreement

1. Uptime. Patentext commits that the Platform will be available 99.5% of the time in any calendar month (the “Uptime Commitment”). Uptime is measured monthly, commencing at 12:00 am on the first calendar day of the month in accordance with the following formula:
‍Uptime = (Hours in the Month - Service Outages) / Hours in the Month
2. Service Outage. A “Service Outage,” as used above, occurs when (a) material features or functionality of the Platform cannot be accessed or utilized by Customer or its Users; and (b) such failure is recorded with Patentext’s helpdesk. The length of the Service Outage is measured from the time the technical support request is submitted to Patentext until the time Patentext confirms that the affected Platform is again able to transmit and receive data. Service Outages exclude any time that the Platform is unavailable due to (i) Scheduled Maintenance (as defined below) or (ii) reasons outside Patentext’s direct control, including: (1) Customer’s or a User’s own telecommunications or Internet service providers; (2) a Force Majeure Event; (3) any systemic Internet failures; or (4) any failure in Customer’s or a User’s own hardware, data, software or network connection.
3. Scheduled Maintenance. “Scheduled Maintenance” means a planned maintenance period or scheduled downtime. Patentext will use commercially reasonable efforts to notify Customer one week in advance of any Scheduled Maintenance.
4. Limitations. Patentext is not responsible for correcting any Service Outage or other error not reproducible by Patentext on the unmodified Platform or errors caused by any of the following: (a) any alterations of or additions to the Platform or Platform Technology made by parties other than Patentext; (b) use of the Platform or Platform Technology in a manner for which it was not designed; or (c) accident, negligence, or misuse of the Platform.