Last update: August 24, 2022

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The availability of Zoomin’s SaaS Subscription Services (“Service Availability”) is measured as the number of minutes of uptime of the Customer’s production environment per calendar month, excluding (i) reasonable and scheduled maintenance periods which impacts the Service Availability (“Scheduled Maintenance”), (ii) events of Force Majeure, and (iii) any downtime that is caused by or attributable to the Customer.

Zoomin will provide at least 99.9% Service Availability (“Availability Requirement”) during the term of the Agreement. 

Zoomin shall give at least forty-eight (48) hours prior notice via its website or by email to the Customer's contact person of any Scheduled Maintenance. Scheduled Maintenance shall not occur more than once in a given calendar month, unless approved in advance by the Customer in writing, and shall typically be scheduled to occur only outside of U.S standard business hours. Zoomin shall ensure that such Scheduled Maintenance interference to the Services is minimal. The foregoing shall not prevent Zoomin from conducting emergency maintenance at any time if required. 

‍Service Credit. In the event that Zoomin fails to meet the Availability Requirement, Zoomin shall grant the Customer the compensation as set forth below, upon Customer's request. Such compensation shall include a credit of extra days of subscription to the Services, to be added to the end of the term of the Customer’s subscription period at no additional charge to the Customer (“Service Credit”).

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If a Customer believes it is eligible for Service Credit, the Customer must request such Service Credit within thirty (30) days following the last day of the month for which the Service Credit is claimed. The aggregate maximum number of Service Credits to be issued by Zoomin to a Customer for all outages in a single calendar month shall not exceed thirty days of Service added to the end of Customer’s subscription term. Service Credits are not redeemable for cash. The Service Credits described herein are Customer’s sole and exclusive remedy for any failure by Zoomin to meet the Availability Requirement.

‍Force Majeure. To the extent that the Services are unavailable due to circumstances beyond Zoomin’s reasonable control, including without limitation, acts of God, flood, fire, earthquakes, epidemics or pandemics, acts of government, riots, war, civil unrest, acts of terror, strikes or other labor problems, or telecommunication, Internet service provider or hosting failures or delays (each, a “Force Majeure Event”), Zoomin shall use commercially reasonable efforts to provide the Services in accordance with the Availability Requirement within ten (10) days of a Force Majeure Event. In the event that Zoomin is unable to continue to provide the Services within ten (10) days of a Force Majeure Event, Customer may terminate the subscription to the affected Services. Zoomin will not be liable for any failure to perform due to a Force Majeure Event.

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