Service Level Agreement for Services (SLA)

Last Updated: March 17, 2021 

1. Definitions: 

The following defined terms apply to this SLA. Capitalized terms not defined below have the meanings ascribed to them in the SafetyLine Terms of Service, Subscriber Agreement, or other similar written agreement between the parties, as applicable (“Agreement”). 

(a) “Actual Monthly Uptime Percentage” = (A-B+C)/A, where: 

A = Total Monthly Time (defined below); 

B = Unavailable Monthly Time (defined below); and 

C = Excluded Monthly Times (defined below). 

(b) “Monthly Uptime Percentage Threshold” means the percentage listed in the table below under the heading, “Monthly Uptime Percentage Threshold.” 

(c) “Service Credit” means the dollar credit that SafetyLine will credit to a Customer’s eligible account if the Actual Monthly Uptime Percentage is less than the Monthly Uptime Percentage Threshold, and which is calculated by multiplying the Service Credit percentage listed in the table below by the Customer’s usage fees in the applicable calendar month. 

(d) “Total Monthly Time” means the total number of minutes in the applicable calendar month. 

(e) “Unavailable Monthly Time” means the number of minutes in the applicable calendar month during which the SafetyLine Services were unavailable for use. 

2. Service Commitments: 

(a) If, during any month throughout the Term, the Actual Monthly Uptime Percentage falls below the Monthly Uptime Percentage Threshold, then Customer will be eligible to receive a Service Credit, subject to Customer’s compliance with Section 3 below. 

3. Credit Request and Payment Procedures: 

 
(a) SafetyLine Services: To receive a Service Credit for the SafetyLine Services, Customer must submit a request to SafetyLine through the SafetyLine customer service portal, available at https://safetylineloneworker.com/support within thirty (30) days from the last day of the calendar month in which Customer claims SafetyLine failed to meet or exceed the Monthly Uptime Percentage Threshold. Availability of SafetyLine for the SafetyLine Services is measured by a third-party provider of performance and monitoring services (the “Monitoring Service”), that issues monthly uptime reports.  SafetyLine will adjust the Monitoring Service’s uptime results as necessary to account for any Excluded Monthly Times. All submissions must include: (i) “SLA Claim” as the subject of the ticket; (ii) the dates and times of Unavailable Monthly Time; and (iii) any documentation of the applicable outage. Each Service Credit will be applied to future amounts payable by Customer to SafetyLine for the SafetyLine Services. No refunds or cash value will be given. All SLA claims will be verified against the measurements of the Monitoring Service. 

4. Excluded Monthly Times: 

Notwithstanding any provision in this Agreement to the contrary, no Unavailable Monthly Time will be deemed to have occurred if downtime: (i) is caused by factors outside of SafetyLine’s reasonable control, including, without limitation, telecommunications provider-related problems or issues, Internet access or related problems occurring beyond the point in the network where SafetyLine maintains access and control over the Services; (ii) results from any actions or inactions of Customer or any third party (except for SafetyLine’s agents and subcontractors); (iii) results from the Customer Applications, Customer’s equipment, software or other technology, Add-on services, or third party equipment, software or other technology (except for equipment within SafetyLine’s direct control); (iv) occurs during SafetyLine’s scheduled maintenance for which SafetyLine will provide at least seventy-two (72) hours prior notice; (v) occurs during SafetyLine’s emergency maintenance (maintenance that is necessary for purposes of maintaining the integrity or operation of the Services), regardless of the notice provided by SafetyLine; or (vi) results from any alpha, beta, developer preview, development test bed environments, descriptions of similar import or not otherwise generally available SafetyLine features or products; or (vii) periods of Unavailable Monthly Time that are less than five (5) minutes of continuous unavailability in duration (collectively, the “Excluded Monthly Times”). 

5. Entire SLA Liability: 

With respect to any failure of SafetyLine to meet the Monthly Uptime Percentage Threshold or Successful Connection Rate, as applicable, this Exhibit states SafetyLine’s sole and entire liability to Customer and Customer’s sole remedy.  Furthermore, in no event shall the company be liable for any indirect, special, consequential or exemplary damages, including, without limitation, loss of profits or anticipated profits, business interruption, losses or other economic loss.