CAST AI Group, Inc.

Service Level Agreement



This CAST AI Service Level Agreement (“Service Level Agreement”) outlines the service level performance targets applicable to the CAST AI Cloud Services.

 

1. SERVICE AVAILABILITY OBJECTIVES


EXPLORER SERVICE LEVEL:

CAST AI will not provide any service-level commitments or obligations to any Explorer with respect to the CAST AI Cloud Services.

COMMUNITY PLAN SERVICE LEVEL:

CAST AI will not provide any service-level commitments or obligations to any Customers at the Community Plan service level with respect to the CAST AI Cloud Services.

PROFESSIONAL PLAN SERVICE LEVEL:

For Customers at the Professional Plan Service Level, CAST AI will use commercially reasonable efforts to make the CAST AI Cloud Services available at least 99.9% of the time, measured over the course of each calendar month, excluding Scheduled Downtime (as that term is defined below) and unavailability arising out of or caused by the failure of any third party vendor, the Internet, an emergency or force majeure event, or another reason beyond CAST AI’s reasonable control (“Professional Plan Services Availability”). The CAST AI Cloud Services will be considered unavailable only when there is no external connectivity for a five minute period and Customer is unable to launch replacement instances.

ENTERPRISE PLAN SERVICE LEVEL:

For Customers at the Enterprise Plan Service Level, CAST AI will use commercially reasonable efforts to make the CAST AI Cloud Services available at least 99.95% of the time, measured over the course of each calendar month, excluding Scheduled Downtime (as that term is defined below) and unavailability arising out of or caused by the failure of any third party vendor, the Internet, an emergency or force majeure event, or another reason beyond CAST AI’s reasonable control (“Enterprise Plan Services Availability”). The CAST AI Cloud Services will be considered unavailable only when there is no external connectivity for a five minute period and Customer is unable to launch replacement instances.

 

2. SCHEDULED DOWNTIME

A minimum of three days’ advance notice will normally be provided for all scheduled downtime to perform system maintenance, backup and upgrade functions for the CAST AI Cloud Services (the “Scheduled Downtime”) if the CAST AI Cloud Services will be unavailable due to the performance of such work.

 

3. UNSCHEDULED DOWNTIME

“Unscheduled Downtime” means any time outside of the Scheduled Downtime when the CAST AI Cloud Services are not available to perform operations, excluding any unavailability caused by the failure of any third party vendors, the Internet, any emergency or force majeure event, or any other reason beyond CAST AI’s control. If use of the CAST AI Cloud Services is enjoined, CAST AI may, at CAST AI’s option, do one or more of the following: (i) procure for Customer the right to use the CAST AI Cloud Services, (ii) replace the CAST AI Cloud Services with other suitable services or products, or (iii) refund the unearned prepaid portion of the Fees paid by Customer for the CAST AI Cloud Services or the affected part thereof.

 

4. SERVICE LEVEL OBJECTIVES

If CAST AI does not meet the Professional Plan Services Availability or Enterprise Plan Services Availability objectives of this Service Level Agreement, Customer may notify CAST AI in writing of its obligation to address stated issues or concerns. CAST AI will provide Customer a documented plan (the “Cure Plan”) to address stated issues or concerns within an appropriate period (“Cure Period”) of not less than 15 days and not more than 45 days. If CAST AI fails to complete its obligations as set forth in the Cure Plan, Customer shall advise CAST AI within writing of any remaining issues or concerns not addressed to Customer’s reasonable satisfaction and shall have the right to terminate the Agreement effective immediately. This Service Level Agreement states Customer’s sole and exclusive remedy, and the CAST AI’s entire liability, for any failure to meet the applicable Services Availability objectives.