Podsights Service Level Agreement

Effective as of 01.16.2019

This Service Level Agreement (this “SLA”) sets forth Podsights’ service level obligations for the use of the Podsights analytics prefix “pdst.fm” (the “Podsights Analytics Prefix”) under the Master Services Agreement (the “Podsights Agreement”) between In Defense of Growth Incorporated (“Podsights”) and Customer (as defined in the the Podsights Agreement). Except as otherwise provided herein, this SLA is subject to the terms of the Podsights Agreement. Terms not otherwise defined herein will have the meaning given to them in the Podsights Agreement. Podsights reserves the right to change the terms of this SLA in accordance with the Podsights Agreement.

1. Service Availability

“Service Availability” means that the Podsights Analytics Prefix may be accessed and used by Customer (as measured by Podsights).

2. Uptime commitment

The Podsights Analytics Prefix shall have Service Availability of at least ninety-nine and nine tenths percent (99.9%) of the time during service hours each calendar month (the “Service Availability Uptime Commitment”).

3. Uptime measurement

Podsights will measure uptime by monitoring the response of the Podsights Analytics Prefix. Every one (1) minute, a third-party service will attempt to access the Podsights Analytics Prefix. If the service does not receive a successful HTTP response – that is, a HTTP response code of 2XX or 3XX – then that will count as one minute of downtime. The unavailability of the Podsights service will be calculated from the time that such unavailability is reported by Customer to Podsights at sla@podsights.com. Podsights reserves the right to make reasonable changes to this measurement procedure.

4. Service Credits

If Podsights fails to satisfy the Service Availability Uptime Commitment during any one calendar month period, then Customer will be eligible for a service credit (the “Service Credit(s)”) in the amount of five percent (5%) of the monthly fee for the affected service. For every one percent (1%) of the service hours during the applicable calendar month that Service Availability is less than the Service Availability Uptime Commitment, Customer will be eligible for an additional Service Credit in the amount of five percent (5%) of the monthly service fee for the affected service, up to a maximum aggregate Service Credit of fifty percent (50%) of the monthly service fee for the affected service.

5. Credit requests and Payment

To request a Service Credit, send email to Podsights at sla@podsights.com within 10 days of the end of the calendar month in which the failure occurred. Customer must include Customer’s registered email address, and dates and times of unavailability. If Podsights confirms that Customer is owed Service Credits, Podsights will issue a Service Credit to Customer’s account within ten (10) business days. Service Credits may only be used against future billing charges. The Service Credits shall be Customer’s sole and exclusive remedy for any failure of the Podsights service to satisfy the Service Availability.

6. Service Hours

Normal hours of operation are 9am – 5pm ET, Monday through Friday, excluding Podsights-observed holidays.

7. Exclusions

The calculation of Service Availability excludes instances of: Customer’s acts or omissions, force majeure events, scheduled downtime, hackers or virus attacks, unavailability of the Google Cloud Platform, or emergency maintenance.