Striim Cloud Service Level Agreement

Effective Date: August 30, 2022

This SLA applies to the availability of Striim’s Cloud and Streamshift Services (collectively, “Services” and each is a “Service”).

As described in this SLA, Striim offers certain Service Levels to its Cloud and Streamshift Services customers who enter into Order Forms which specifically provide for and reference this SLA (collectively “Customers”, and each is a “Customer”).

I. Definitions

API
API means Striim’s Application Programming Interface used to programmatically communicate with the Services.

Downtime
Downtime is when Customer cannot access the Striim Services and Striim’s APIs, provided that such downtime does not fall under the Exceptions defined in section III.

Calendar Minutes
Total number of minutes in a given calendar month.

Downtime Minutes
Total number of Downtime minutes in a given calendar month.

Monthly Availability Percentage
Monthly Availability Percentage is defined as the difference between Calendar Minutes and the Downtime Minutes, divided by Calendar minutes and multiplied by one hundred.

II. Striim Service Level

The Monthly Availability Percentage for the Service is ninety-nine and five-tenths percent (99.5%) (“Service Level”). If the Service fails to meet the Service Level in a given calendar month (“Service Level Failure”), then as Customer’s sole and exclusive remedy, Customer shall receive the applicable percentage of Customer’s monthly bill for the calendar month in which the Service Level Failure occured (“Service Credit Percentage”). The Service Credit Percentage will be credited against Customer’s usage in the calendar month following the Service Level Failure; provided that Customer requests Service Credit Percentage within twenty-one (21) days from the calendar month in which the Service Level Failure occurred. Service Credit Percentage may not be exchanged for, or converted to, monetary amounts.

Service Credit Percentage Table

Example Calculation
In June, Customer used a total of 10,000 credits in Striim’s Cloud Service. During that month there were 900 Downtime Minutes. For the 900 Downtime Minutes that the Striim Cloud Service experienced, Customer is credited back 1,000 credits (10% of 10,000) against Customer’s usage of Striim’s Cloud Service in July.

III. Exclusions

For purposes of calculating the Downtime Minutes, the following are “Exceptions” to the Service Level , and neither the Services will be considered experiencing any Downtime nor any Service Level Failure be deemed to occur in connection with Customer’s failure to access the Services that is due, in whole or in part, to any of the following:

Service upgrade and maintenance
Upgrades and maintenance scheduled or otherwise (including maintenance initiated by the Customer, scheduled or unscheduled emergency maintenance by Striim or third party providers) are excluded from the Downtime Minutes. Typically scheduled upgrades or maintenance run on off peak times and users will be notified one week ahead of schedule. Service downtime due to schedule upgrade or maintenance may not take more than 24 hours per month.

Downtime due to Cloud Service Providers
Downtime due to Striim’s cloud service providers experiencing downtime, whether planned, unplanned, service issues, or natural disaster. The downtime due to any of those reasons would be excluded from the Downtime Minutes.

Outages
Outages of third parties such as Striim’s cloud service providers, outages due to natural calamity or other reasons beyond Striim’s control will not be included in the Downtime Minutes.

Storage outage
Storage service outage by Striim’s cloud service Providers is not included in the Downtime Minutes.

Outage due to Cloud Service Providers Security issues
Any outage in Striim’s cloud service providers due to such providers experiencing security issues such as ransomware or malware etc. is not included in the Downtime Minutes.

Connection errors to the source and target
Downtime due to prolonged connection issues with source and target created by the Customer is excluded from the Downtime Minutes.

Pre-release components
Service downtime due to the Preview, Beta, Alpha or any non-GA version service is not included in the Downtime Minutes.

Third-party service providers
Downtime due any third-party services,software, hardware, system, network, facility, or other matter not provided by Striim.

Outages due to customer configuration changes
Any outages caused due to the customer configuration that has implications on Striim Services such as user permission, firewall issues, security policies etc. are excluded from the Downtime Minutes.

Data delivery
Data transfer rate or data transfer guarantee is not considered under the Downtime Minutes.

Force Majeure Events
Any cause beyond a party’s reasonable control, including but not limited to acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war.

IV. Changes to the SLA

Any modifications to the terms of this SLA will not be effective during the initial term of Customer’s subscription; however, if Customer renews its subscription, the version of this SLA that is current at the time of renewal will apply throughout the renewal term. Striim will provide at least 90 days’ notice for adverse material changes to this SLA.