Up-Time Commitments

Image Owl agrees that the software Service will be available to the Customer and its personnel 99.9% of the time 5 AM ET to 10 PM ET (17) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year (the “Up-Time Commitment”). The Up-Time Commitment will be measured monthly, rounded to the nearest full minute for each instance the Services are not available (“Service Unavailability”) according to the formula below:

Total Monthly Minutes = 17 hours/day x 60 minutes/hour x days/month

Uptime Percentage = (Total Monthly Minutes - Minutes of Service Unavailability)/ Total Monthly Minutes x 100%

Allowed Unavailability

Reasonable, planned/scheduled, and announced to Customer unavailability of the Services for maintenance during non-peak hours (“Scheduled Downtime”) shall not be counted as Service Unavailability when calculating Up-Time Commitment.

The Image Owl is permitted 20 minutes of unannounced maintenance time per month that shall not be counted as Service Unavailability when calculating Software-related incidents.

Service Unavailability through no fault of Image Owl and caused by a third party shall not be counted as Service Unavailability when calculating Software-related incidents