Service Level Agreement

This Blueberry, Inc. Service Level Agreement ("SLA") between Blueberry, Inc. (Blueberry, we, our or us) and users of the BlueberryCMS Services (you, your or customer) governs the use of the BlueberryCMS PaaS Services under the provisions of the PaaS terms (the "Terms"). Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.

Any questions regarding our Service Level Agreement should be sent by email to billing@blueberrycms.com or by contacting us at:

Blueberry, Inc.
The Data Protection and Information Assets Team
29 Broad St., Suite 101A
Berlin, MD 21811 United States
800-528-0125

Effective starting January 1, 2019

This SLA applies separately to each of your hosted sites. Please read this Agreement carefully and immediately cease using the Services if you do not agree to it.

• Service Commitment
• Definitions
• Service Commitments and Service Credits
• Maintenance and Excluded Downtime
• Communication Protocol
• Sole Remedy
• Service Requests
• Credit Request and Payment Procedures
• SLA Exclusions

Service Commitment

Blueberry will use commercially reasonable efforts to make BlueberryCMS Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the "Service Commitment"). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit. A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 20 minutes/month of unavailability.

Unavailability is calculated as Down Time minutes divided by Total Time minutes/month (30-day month = 43,200 minutes):

.05% = (20 minutes of Downtime / 43,200 Total Time) * 100.
99.95% = 100% - .05%.

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Definitions

1. Maintenance means scheduled Unavailability of BlueberryCMS Services, as announced by us prior to BlueberryCMS Services becoming Unavailable.
2. Monthly Uptime Percentage is calculated by subtracting from 100% the percentage of minutes during the month in which the BlueberryCMS Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
3. Service Credit means a credit denominated in US dollars (USD), calculated as set forth below, that we may credit back to an eligible account.
4. Unavailable and Unavailability mean, one or more of your sites operating on the BlueberryCMS Service are not running or are not reachable due to BlueberryCMS' fault. This excludes:
   • containers that are unreachable or not running because the containeris provisioned resources (RAM, CPU, disk, as applicable) are insufficient or otherwise unavailable; and
   • members of a database cluster where the cluster as a whole is running and reachable; or
   • a web hosting service is unable to serve-up a page and/or site as required to render according to a user request due to a resource, component or configurable item outside of our control of BlueberryCMS or as defined within the BlueberryCMS solution.

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Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges due on your BlueberryCMS invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the individual sites that were Unavailable, in accordance with the schedule below:

1. For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources.
2. For Monthly Uptime Percentage less than 99.0%, you will be eligible for a Service Credit of 30% of the charges attributable to the affected resources. For example, if you have a site that is Unavailable for:
   • 60 minutes (99.86%), you would be eligible for a Service Credit for 10% of that siteis hosting fee for the month;
   • 433 minutes (98.99%), you would be eligible for a Service Credit for 30% of that siteis hosting fee for the month.

   We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Blueberry. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

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Maintenance and Excluded Downtime

Blueberry reserves the right to perform regularly scheduled maintenance of the BlueberryCMS platform during non-core business hours. Non-core business hours are defined as 20:00 to 23:59 EST Fridays ("Scheduled Downtime"). Blueberry maintains a standing scheduled maintenance window of 20:00 to 23:59 EST (Eastern Time Zone) every Friday evening. Blueberry may schedule additional Scheduled Downtimes outside of the standing scheduled maintenance window by providing notification to Customer at least three business days in advance; this notification will be provided via the agreed upon Communication Protocol to the designated support representatives.

This is the defined maintenance window where changes to the production environment may be implemented, but does not suggest that changes will be made in every maintenance window. Blueberry, Inc. will confirm any production change three business days in advance; this notification will be provided via the agreed upon Communication Protocol to the designated support representatives.

Additionally, any downtime caused by factors outside of Blueberryis reasonable control do not factor in to the Monthly Uptime Percentage calculation, including any force majeure event, Internet services availability outside of the BlueberryCMS Service platform, any downtime resulting from outages of third party connections or utilities, and actions or inactions of the Customer ("Excluded Downtime").

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Communication Protocol

Blueberry will communicate via email or text message, unless otherwise agreed upon in writing. Customer will provide contact names, email addresses, and phone numbers to facilitate appropriate communication (the "Communication Protocol").

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Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

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Service Requests

In support of the services covered by this SLA, Blueberry will respond to service related incidents and requests originating through the Communication Protocol within the following time frames. Customer shall submit requests with the priority level specified; however, we reserve the right to reasonably increase or decrease the priority level in our sole discretion. In accordance with the service commitment provided in this SLA, we will use commercially reasonable efforts to resolve all requests promptly but cannot guarantee a time to resolution due to the inherent variability in effort and corresponding time required to resolve issues. Blueberry will communicate resolution efforts with the Customer in a timely manner and consistent with the Communication Protocol.

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Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing billing@blueberrycms.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

1. the words "SLA Credit Request" in the subject line;
2. the dates and times of each Unavailability incident that you are claiming;
3. the respective account information and/or site(s); and
4. logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

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SLA Exclusions

This Service Commitment does not apply to any Unavailability:

1. that results from a suspension or remedial action, as described in the Terms;
2. that factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the BlueberryCMS system;
3. that results from any actions or inactions of you or any third party;
4. that results from the equipment, software or other technology of yours or any third party (other than third party equipment within our direct control);
5. that results from failures of BlueberryCMS Services not attributable to Unavailability; or
6. that results from any planned Maintenance activity.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Any questions regarding our Service Level Agreement should be sent by email to billing@blueberrycms.com or by contacting us at:

Blueberry, Inc.
The Data Protection and Information Assets Team
29 Broad St., Suite 101A
Berlin, MD 21811 United States
800-528-0125

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