The Flightpath Service Level Agreement

Updated: March 7, 2023

The objective of this Service Level Agreement (hereafter referred to as "SLA") is to define the service level objectives made by Flightpath in regards to service to the Licensee, and availability of the Flightpath Platform. The SLA is included and forms part of the License Agreement and is binding on the Licensee and Flightpath upon acceptance of the License Agreement.

Service Commitment

1. Customer support is available from 9 am to 5 pm (ET) Monday through Friday except on statutory holidays in the Province of Ontario ("Support Hours"). We can be reached via a support ticket at support.flightpath.fm or via email at: support@flightpath.fm
2. Best efforts will be made to answer customer support queries within 2 to 5 business hours of their receipt during Support Hours and to resolve each issue fully within 6 to 72 hours during Support Hours (depending on the complexity of the request). All replies by Flightpath staff are logged in the Customer Portal, which you can visit to view the status of your open tickets. Issues and inquiries received via the above support email will be automatically received by the help desk, and tracked like normal tickets.

Availability of Flightpath Platform

3. Provided that Customer is in compliance with the terms and conditions of the License Agreement, Flightpath will undertake commercially reasonable measures to provide availability of the Flightpath Platform for managing of Customer's podcasting advertising campaigns on a twenty-four hour, seven days a week (24x7) basis at an uptime rate of 99.5% per each calendar month ("Flightpath Uptime"); provided however, that any unavailability of the Flightpath Platform is not caused by Customer's breach, or any of the Exclusions as defined below. The Flightpath Uptime will be measured in minutes and will be calculated solely by Flightpath.

4. Customer Requirements. Customer is responsible for the appropriate use of the Flightpath Platform by its users and also for the maintenance and management of its own computer network(s), servers, software, website(s), and any equipment or services related to maintenance and management of the foregoing.
5. Exclusions. In measuring the Flightpath Uptime, performance issues or downtime due to any or all of the following will not be included as part of the Applicable Downtime for purposes of calculating the Flightpath Uptime:
1. A slowdown of service due to an outage affecting an entire region of the Internet;
2. Unavailability of our system due to connectivity issues experienced by the Customer but not impacting the Flightpath Platform;
3. Outages or data access issues for external services not under our control (e.g. external podcast hosts Flightpath are integrating with on behalf of Customer)
4. Outages as a result of actions or inactions of Customer (unless undertaken at the express direction of Flightpath);
5. A result of Customer equipment or third-party computer hardware, software, network infrastructure used by Customer;
6. Scheduled or emergency maintenance as described below;
7. Alpha or beta services;
8. Force majeure events; or
9. Any other conditions beyond Flightpath’s reasonable control.

Flightpath Regular and Emergency Maintenance

6. Flightpath standard scheduled maintenance will take place from time to time during the Term of the License Agreement. Customers are required to check the Flightpath Platform for any notices of such regular maintenance.
7. If emergency maintenance is required (e.g., for reasons that were not foreseeable or are beyond the control of Flightpath), Flightpath will notify the Customer as soon as possible via email and/or post a notification in the Flightpath Platform if feasible under the circumstances. Any time dedicated to scheduled maintenance and/or emergency maintenance will not count against the Flightpath Uptime, and will be excluded from calculation of the uptime of the Flightpath Platform.
8. In addition to scheduled maintenance, upgrades and patches may occur on an ad hoc basis and may require downtime. Customer will be provided twenty-four (24) hour notice of such upgrades and patches where feasible.

Service Credits

9. If Flightpath fails to meet the Flightpath Uptime, Customer will be entitled, upon written request, to a credit against the following month's Subscription Fees set forth in the License Agreement that is equal to a percentage of the monthly Subscription Fees accrued in the month of the violation according to the tables below, up to a monthly maximum of 10% of the aggregate Subscription Fees paid by Customer for the applicable month
10. The credit set forth in the preceding section 9 is Customer's sole and exclusive remedy, and Flightpath’s sole obligation, for a breach by Flightpath of this SLA, including the Flightpath Uptime. Flightpath will be solely responsible for the measurements used to determine whether Flightpath has met the Flightpath Uptime.
11. In order to receive downtime credit for failure to meet the Flightpath Uptime, Customer must notify Flightpath in writing or email within one business day from the time of the commencement of downtime, and failure to provide such notice will mean that Customer has forfeited the right to receive any downtime credits.
12. The credit will be determined by the following equation, with a maximum credit of 10% of the monthly Subscription Fee.