Common use of Service Availability Credits Clause in Contracts

Service Availability Credits. If, during the Term, the Actual Uptime Percentage is, during any calendar month, lower than 99.5%, then Linkfluence will give Customer a credit or refund with respect to the Fees paid by Customer for that month calculated as follows: Application Availability = (Total Hours in Reporting Period – Unscheduled Maintenance – Scheduled Maintenance – Excluded) / (Total Hours in Reporting Period – Scheduled Maintenance – Excluded) X 100%. All claims will be verified against Linkfluence’s system records. Should any periods of downtime submitted by Customer be disputed, Linkfluence will provide to Customer a record of service availability for the period in question. Linkfluence will only provide records of system availability in response to good faith Customer claims. Notwithstanding the above, should Linkfluence fail to achieve at least 95% general availability over any calendar quarter, Customer shall have the option to terminate the Services for cause, in which case Linkfluence will refund to Customer any prepaid fees for the remainder of the Term after the effective date of termination. Because social media content is published to constantly evolving social media platforms, from time-to-time social media platform vendors make changes that can break interfaces or change look-and-feel in unacceptable ways. While Linkfluence cannot be held responsible for these issues, Linkfluence will nonetheless use best efforts to respond and try resolving public API issues. The Linkfluence Platform is designed to be fault-tolerant: each service has built-in redundancy and Data storage is distributed. All Data is replicated at least once in real time. All Data is available to Customer via the Linkfluence Platform (Radarly software) throughout the Term of the Services. Customer Data is divided into two parts: (i) configuration data and (ii) collected and tagged Data. Configuration data will be backed up on a daily basis. Linkfluence shall maintain and store the last seven (7) daily backups, as well as the backup from the first days of the last four (4) weeks. The full archive of collected and tagged Data will be backed up on a weekly basis. Linkfluence shall maintain and store the last four (4) weekly backups. Backups will be stored in a different location than the production environment. Customer may request Linkfluence to recover Data from an available backup. Such request relating to the recovery of Data is referred to as a "Recovery Request". Recovery will be completed once the recovery request processing has satisfied the criteria below: Configuration Data 100% < 12 hrs (from Monday to Friday, excluding public holidays – 9 am – 7pm EST) Partial recovery is possible Collected and tagged Data 100% < 72 hrs (from Monday to Friday, excluding public holidays – 9 am – 6 pm EST) Partial recovery is not possible. The Data collected after a backup could be lost Customer will contact the Support Team by phone or by email (▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) so as to send the necessary incident reports. Customer will be assigned a preferred contact for its requests. This preferred contact will coordinate the operational communication between Linkfluence and Customer (the “Preferred Contact”). The Support provided under this Agreement does not include services provided with respect to the following matters: (i) any problems resulting from the misuse, improper use, alteration, or damage of the Linkfluence Platform or the API by Customer;

Service Availability Credits. If, during the Term, the Actual Uptime Percentage is, during any calendar month, lower than 99.5%, then Linkfluence will give Customer a credit or refund with respect to the Fees paid by Customer for that month calculated as follows: Application Availability = (Total Hours in Reporting Period – Unscheduled Maintenance – Scheduled Maintenance – Excluded) / (Total Hours in Reporting Period – Scheduled Maintenance – Excluded) X 100%. All claims will be verified against Linkfluence’s system records. Should any periods of downtime submitted by Customer be disputed, Linkfluence will provide to Customer a record of service availability for the period in question. Linkfluence will only provide records of system availability in response to good faith Customer claims. Notwithstanding the above, should Linkfluence fail to achieve at least 95% general availability over any calendar quarter, Customer shall have the option to terminate the Services for cause, in which case Linkfluence will refund to Customer any prepaid fees for the remainder of the Term after the effective date of termination. Because social media content is published to constantly evolving social media platforms, from time-to-time social media platform vendors make changes that can break interfaces or change look-and-feel in unacceptable ways. While Linkfluence cannot be held responsible for these issues, Linkfluence will nonetheless use best efforts to respond and try resolving public API issues. The Linkfluence Platform is designed to be fault-tolerant: each service has built-in redundancy and Data storage is distributed. All Data is replicated at least once in real time. All Data is available to Customer via the Linkfluence Platform (Radarly software) throughout the Term of the Services. Customer Data is divided into two parts: (i) configuration data and (ii) collected and tagged Data. Configuration data will be backed up on a daily basis. Linkfluence shall maintain and store the last seven (7) daily backups, as well as the backup from the first days of the last four (4) weeks. The full archive of collected and tagged Data will be backed up on a weekly basis. Linkfluence shall maintain and store the last four (4) weekly backups. Backups will be stored in a different location than the production environment. Customer may request Linkfluence to recover Data from an available backup. Such request relating to the recovery of Data is referred to as a "Recovery Request". Recovery will be completed once the recovery request processing has satisfied the criteria below: Configuration Data 100% < 12 hrs (from Monday to Friday, excluding public holidays – 9 am – 7pm EST) Partial recovery is possible Collected and tagged Data 100% < 72 hrs (from Monday to Friday, excluding public holidays – 9 am – 6 pm EST) Partial recovery is not possible. The Data collected after a backup could be lost Customer will contact the Support Team by phone or by email (▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) so as to send the necessary incident reports. Customer will be assigned a preferred contact for its requests. This preferred contact will coordinate the operational communication between Linkfluence and Customer (the “Preferred Contact”). The Support provided under this Agreement does not include services provided with respect to the following matters: (i) any problems resulting from the misuse, improper use, alteration, or damage of the Linkfluence Platform or the API by Customer;