Weave Service Level Commitment
Last Modified March 15, 2021
Weave will use commercially reasonable efforts to make the Hosted Solution available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the “Service Level
Commitment”). In the event the service level does not meet the Service Level Commitment, you will be eligible to receive a Service Credit as described below.
“Error Rate” means: (i) the total number of internal server errors returned divided by (ii) the total number of requests during that five-minute period. We will calculate the Error Rate for each user account as a percentage for each five-minute period in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly, as a result of any of the service level exclusions (as defined below).
“Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five-minute period in the monthly billing cycle.
“Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. Service Credits are calculated as a percentage of the total charges paid by you for the billing cycle in which the error occurred in accordance with the schedule below.
|Monthly Uptime Percentage||Service Credit Percentage|
|Equal to or greater than 99.00% but less than 99.9%||5%|
|Less than 99.00%||15%|
We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from Weave. A Service Credit will be applicable and issued only if the credit amount for the applicable billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Hosted Solution is the receipt of a Service Credit (if eligible) in accordance with the terms of this Exhibit.
The Service Level Commitment does not apply to any unavailability, suspension or termination of the Hosted Solution, or any other performance issues: (i) that result from a suspension described in the Agreement; (ii) caused by factors outside of Weave’sreasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Hosted Solution; (iii) that result from any actions
or inactions of you or any third-party; (iv) that result from your equipment, software or other technology and/ or third-party equipment (other than third-party equipment within our direct control); (v) arising from our suspension and termination of your right to use the Hosted Solution in accordance with the Agreement. If
availability is impacted by factors other than those used in our calculation of the Error Rate, then we may issue a Service Credit considering such factors at our discretion.