Align Cloud Service Level Agreement

MFB Technologies will use commercially reasonable efforts to ensure that the Align Cloud Services are Available at least 99.5% of the time (the “Target Availability Requirement”), calculated on a calendar monthly basis it being understood that “downtime” will exclude time: (a) required for routine system maintenance that is performed by MFB Technologies so long as such maintenance is performed during low volume periods and with reasonable advance notice to Customer and (b) any other circumstances beyond MFB Technologies’s reasonable control (including without limitation, Internet delays, network congestion, ISP malfunctions and delays caused by Customer’s systems).

“Available” means that the Align Cloud Services are performing in substantial conformance with the Documentation. Customer acknowledges that this Service Level Agreement is intended to establish an expectation for Availability. Customer’s sole and exclusive remedy for a breach of this Service Level Agreement is that Customer may terminate the Agreement in the event that MFB Technologies breaches the Service Level Agreement in three consecutive calendar months.

In the event of any such termination, MFB Technologies will provide Customer a refund of any pre-paid but unused Fees for the Align Cloud Services.

Updated: 9/24/2024