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Jupiter provides its climate risk data through its cloud-based software platform (the “Platform Services”).  Jupiter’s availability and support commitments are described below.  

A.           Availability SLA

1. Availability Promise.  Jupiter will use reasonable commercial efforts to ensure that the Platform Services have a Monthly Percentage Uptime of at least 99.9% (“Availability Promise”).  Subject to the terms of this SLA, if the Monthly Percentage Uptime in a given month is less than 99.9%, then Customer will be entitled to service credits as further described in Section A2 below.

“Monthly Percentage Uptime” is a percentage calculated by subtracting the total number of minutes of Downtime in a calendar month from the total number of minutes in that calendar month and dividing that result by the total number of minutes in the applicable calendar month. “Downtime” means the number of minutes in a calendar month when the Platform Services are unavailable for use, excluding Emergency Downtime, Scheduled Downtime, and the circumstances described in Section C (Exclusions) below. “Emergency Downtime” means unavailability due to remediation of a vulnerability that Jupiter reasonably determines requires immediate attention. “Scheduled Downtime” means unavailability resulting from scheduled maintenance of the Platform Services, performed in windows of 10minutes or less and not to exceed 4 hours in a given calendar month.    

2. Service Credit.  Subject to the terms of this Section A (SLA), if the Monthly Percentage Uptime is less than the Availability Promise in a given calendar month, then Customer may request a credit (the “Service Credit”) calculated as described in the table below.  The Service Credit is calculated as a percentage of the applicable pro-rated Fees for the affected calendar month.  

In order to receive any Service Credit, Customer must request each Service Credit within thirty days of the applicable failure following the instructions provided by Jupiter from time to time.  Each Service Credit reported as described in this paragraph will be applied to future, unpaid Fees. If Customer does not incur future Fees, then promptly following expiration or termination of the applicable Customer Order, Jupiter will pay Customer any outstanding credits payable under this Section A2.

3. Sole and Exclusive Remedies.  Notwithstanding any provision to the contrary in any agreement between the parties, the remedies provided in Section A2 andA3 above will be Customer’s sole and exclusive remedies, and Jupiter’s sole and exclusive obligation, in connection with any failure to meet the Availability Promise.

B.           Support Services

1. Support Services.  Jupiter will provide basic support services and Error (as defined below) correction for each of The Platform Services as further described in this Section B.  Any additional support services will be agreed to by the parties and described in the applicable Customer Order.  

2. Support Hours and Requests.  Support for each Platform Services will be provided during the Business Hours* described below. Customer will submit support requests in the manner communicated by Jupiter to Customer from time to time.

* “Business Hours” means Monday through Friday, 6am-5pm Pacific Time, excluding holidays.  

3. Error Correction.  

             (a) Errors. “Error” means a failure of the Platform Services to operate in accordance with its Documentation.  Each Error will be assigned one of the following Severity Levels, as reasonably determined by Jupiter:  

“Critical Severity Level” means that the Platform Services are inoperable for users.

“High Severity Level” means that the operation of Platform Services or a significant function of the Platform Services are severely limited or degraded and no work around is available.

“Medium Severity Level” means a moderate loss of functionality or performance of the Platform Services but the major components of the Platform Services remain useable.

“Low Severity Level” means there is no material impact on operation of the Platform Services; “Low Severity Level” includes product feature requests.

             (b) Support Response.  Jupiter will respond to Errors in the operation of the Platform Services as further described in the table below.  Jupiter may temporarily resolve Errors by providing a reasonable workaround.

C.           Exclusions

Jupiter will have no obligation under this Availability SLA and Support Terms or any other agreement with Customer for any "Downtime” or “Errors” caused by: (a) hardware, software or services not provided by Jupiter; (b) Customer’s use of the Platform Services in a manner not in accordance with its Documentation or Jupiter’s reasonable instructions; or (c) by other factors outside of Jupiter’s reasonable control, including without limitation, any network or device failure external to data centers operated by Jupiter or its vendors, natural disasters, war, acts of terrorism or government action.

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