Service Level Agreement

1. Definitions for Service Level Agreements.

Any capitalized terms not defined herein shall have the meaning as set forth in the Agreement.

1.1 “Events” means an abnormal behavior currently configured within the Emanate Service.

1.2 “Excluded Applications”

(a) failure by Customer’s network to forward traffic to the Service;

(b) failure by an ISP to deliver traffic to the Service;

(c) a Customer-implemented configuration change;

(d) Service scheduled maintenance as posted on the Status page.

(e) Availability or delays caused by third parties like, but not limited to, Microsoft (Azure AD, MS Teams), Google Workspace, AWS (Lambda, S3, EC2, Kinesis, Quicksight), Slack,... in transmitting information to the Service.

(f) Periodic scans to catch up for the delays by third parties like, but not limited to, Microsoft (Azure AD, MS Teams), Google Workspace, AWS (Lambda, S3, EC2, Kinesis, Quicksight), Slack,... in logging information.

(g) Because of the nature of SMS, Email, or any end user communication method, take the best effort approach to deliver these communications. However, we don’t offer any SLA due to the dependency of carrier network involvement.

1.3 “Service Cancellation” allows the customer to cancel the subscription contract as a result of Emanate not meeting the applicable Service Level Agreement, as further outlined below.

2. General Provisions for Service Level Agreements.

2.1 In order for any of the Service Level Agreements to apply, (i) Customer must subscribe to the Service (ii) Customer systems must be properly configured pursuant to the Documentation, including but not limited to being configured on a 24 X 7 X 365 basis in a manner that allows Customer to take advantage of Service redundant global infrastructure. The Service Level Agreements do not apply to any errors or diminished performance that result from Customer’s abuse or misuse of the Service or other behaviors that violate the Agreement.

2.2 The Service Cancellation set forth in the Service Level Agreements shall be Customer’s sole and exclusive remedy for any failure by Emanate to meet the applicable Service Level Agreement. To be eligible for a Service Cancellation (i) Customer or Partner must have reported the incident within twenty-four (24) hours from the start of the incident; and (ii) Customer or Partner must request a Service Cancellation via a support ticket within ten (10) days from the date of the incident. Emanate will research the incident(s) to determine if a Service Level Agreement was not met and provide a response to the Customer no later than ten (10) days. Customer will make their technical resources available for sharing applicable data from their system. Failure to comply with (i) or (ii) will forfeit Customer’s right to receive a Service Cancellation.

2.3 Service Cancellation shall not entitle the Customer to any refund or other payment from Emanate. For avoidance of doubt, Service Cancellation does not apply to any Service that is provided free-of-charge either for evaluation or proof-of-concept purposes.

3. Service Level Agreements

Service Availability is computed as a ratio of the number of Transactions processed by Emanate in any calendar month on behalf of Customer, to the number of Transactions that should have been processed.

Failure to meet this Service Availability Agreement results in a Service Cancellation as follows:

% of Events Processed During a Month	Service Cancellation
> 99.9%	N/A
<99.9%	Customer can cancel the Service 30 days after Emanate confirms SLA violation.