SLA

This Predictive Phoenix Service Level Agreement ("SLA") is a policy governing the use of Predictive Phoenix Cloud ("Predictive Phoenix") under the terms of the Predictive Services Customer Agreement (the "Predictive Agreement") between Predictive Technologies, LLC. and its affiliates ("Predictive", "us" or "we") and users of Predictive’ services ("you"). This SLA applies separately to each account using Predictive Phoenix. Unless otherwise provided herein, this SLA is subject to the terms of the Predictive Agreement and capitalized terms will have the meaning specified in the Predictive Agreement. We reserve the right to change the terms of this SLA in accordance with the Predictive Agreement.

Predictive will use commercially reasonable efforts to make Predictive Phoenix each available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the "Service Commitment"). In the event Predictive Phoenix does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

"Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which Predictive Phoenix, as applicable, was in the state of "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Predictive Phoenix SLA Exclusion (defined below).

"Unavailable" shall mean that all environments in which you are running an instance of Phoenix, are "Unavailable" to you.

"Unavailable" and "Unavailability" mean: For Predictive Phoenix, when all of your running instances for a given deployment have no external connectivity or all of your attached instance volumes perform zero read write IO, with pending IO in the queue.

"Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

Service Credits are calculated as a percentage of the total charges paid by you for Predictive Phoenix (which was Unavailable) affected for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

Monthly Uptime Percentage	Service Credit Percentage
Less than 99.95% but equal to or greater than 99.0%	5%
Less than 99.0%	10%

We will apply any Service Credits only against future Predictive Phoenix payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from Predictive. 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. Unless otherwise provided in the Predictive Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Predictive Phoenix is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

To receive a Service Credit, you must submit a claim by contacting Predictive Support Center. 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 affected Phoenix deployments; and
4. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

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.

The Service Commitment does not apply to any unavailability, suspension or termination of Predictive Phoenix, or any other Predictive Phoenix performance issues: (i) that result from a suspension described in Section 6.1 of the Predictive Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Predictive Phoenix; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances or volumes Unavailability; (vi) that result from any maintenance as provided for pursuant to the Predictive Agreement; (vii) that result from any maintenance as provided between the reserved maintanance hours of 00:00 and 02:00 daily; or (viii) arising from our suspension and termination of your right to use Predictive Phoenix in accordance with the Predictive Agreement (collectively, the "Predictive Phoenix SLA Exclusions"). 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.