Service Level Agreement

LAST UPDATED January 21, 2021

This Approve Owl Service Level Agreement (“SLA”) accompanies the Terms of Use, available at https://approveowl.com/terms-of-use/ or a successor URL (the “Agreement”) entered into between you (“Customer”) and ThirtySixteen Group, LLC (“ThirtySixteen”), the company operating Approve Owl. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.

Target Availability

ThirtySixteen will use commercially reasonable efforts to make each Service available with an uptime of 99.8% of each calendar month (“Target Availability”). You can view our live availability at https://status.approveowl.com/.

Exclusions

The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of ThirtySixteen’s reasonable control; (c) Customer’s equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.

Scheduled Maintenance

“Scheduled Maintenance” means ThirtySixteen’s scheduled routine maintenance of the Services for which ThirtySixteen notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. ThirtySixteen typically performs Scheduled Maintenance once per month.

Remedy for Failure to Meet Target Availability

If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within thirty (30) days after the end of the second such month, in which case ThirtySixteen will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer’s sole and exclusive remedy, and ThirtySixteen’s sole and exclusive liability, for ThirtySixteen’s failure to meet the Target Availability.