Last Updated August 7, 2023

For the purposes of this Builder Services SLA, the capitalized words are defined as set forth below. Terms used but not defined herein have the meanings given to them in the Builder Terms of Service (“Builder Terms”).

1. Uptime Commitment
   Zus will provide a Monthly Uptime Percentage of at least 99.9% for the Builder Services, as measured and monitored by Zus (“Uptime Commitment”).  If, during any full month that you are using the Builder Services, Zus determines that the Monthly Uptime Percentage falls below our Uptime Commitment, you will be eligible for a Service Credit as described in Section B, subject to your compliance with the Builder Terms of Service and the conditions in Sections C and D below.
2. Service Credits
   

   Monthly Uptime Percentage	Service Credit
   99.90% – 99.00%	2%
   98.99% – 95.00%	5%
   94.99% or lower	10%

   We will multiply the applicable percentage identified in the Service Credit column above by the amount of your invoice for the month we failed to meet our Uptime Commitment (“Credit Month”) to determine the amount of the Service Credit to be applied for the Credit Month.

3. Reporting & Credit Request Procedures
   Upon request by Builder, Zus will provide a report covering the Monthly Uptime Percentage for a particular month. To receive a Service Credit, Builder must log a support ticket with Zus at support@zushealth.com within thirty (30) days after the last day of the month in which the Uptime Commitment was not met. Builder must include all information necessary for Zus to validate its claim.
4. Limitations & Exclusions
   1. The total Service Credits that we will be required to issue for any Credit Month as provided in this Builder Services SLA will not exceed 10% of the total amount due by you in any Invoice for that Credit Month. We will apply the Service Credit as a deduction against fees payable in the next month following the Credit Month. Service Credits are not refunds, cannot be exchanged into a cash amount, cannot be carried forward to future months, and expire upon termination of the applicable Order Form.
   2. The Uptime Commitment does not apply to Downtime that is a result of (i) any emergency maintenance or which occurs for less than two (2) continuous minutes, (ii) any early-release products and/or features, (iii) your Application, any third-party systems you are using with the Builder Services, or any actions of, or failures caused by you, your Authorized Users or a third-party (including network connectivity through internet service providers), (iv) for downtime or errors that result from your failure to use the Builder Services in accordance with the Documentation, (v) force majeure events as discussed in Section A(15)(h) of the Builder Terms, or (vi) for usage limits that Zus may impose under Section A(3)(c)(iv) of the Builder Terms.
   3. Builder must reasonably assist Zus in investigating the cause of the Downtime.
5. Exclusive Remedy. The right to Service Credits specified herein is Builder’s sole and exclusive remedy for any failure by Zus under this Builder Services SLA.
6. Definitions
   1. “Credit Month” has the meaning set forth in Section B.
   2. “Downtime” means the total number of minutes in a month in which the Builder Services are not available as measured by Zus and does not include Scheduled Downtime.
   3. “Monthly Uptime Percentage” means the percentage of time each month that the Builder Services are available to you on a continuous basis, 24 hours per day, 7 days per week, subject to the exclusions in Section D above.
   4. “Scheduled Downtime” means the time, in minutes, in a given calendar month for which the Builder Services are undergoing scheduled maintenance.
   5. “Scheduled Uptime” means the total number of minutes during a given calendar month.
   6. “Service Credit” has the meaning set forth in Section B.
   7. “Uptime Commitment” has the meaning set forth in Section A above.