Effective starting: September 1, 2024

NeuBird Service Level Agreement

The NeuBird Product will be Available 99.5% of the time, measured on a calendar monthly basis (the “Availability Commitment”). “Availability” means that the NeuBird Product is accessible to Customer. Availability measures will not include downtime resulting from:

Upgrades: Customer will receive prior notice by email of NeuBird’s upgrade windows, which will be scheduled between 12am and 2am Pacific Time to the extent feasible. Downtime due to upgrades that is excluded from the Availability calculation will not exceed 2 hours per month.

Pre-scheduled maintenance periods: Customer will receive at least 24 hours prior notification by email of pre-scheduled maintenance periods. Maintenance will be scheduled between 12am and 2pm Pacific Time. Downtime due to pre-scheduled maintenance that is excluded from the Availability calculation will not exceed 2 hours per month.The Availability Commitment does not apply to any downtime of the NeuBird Product that results from:

Account suspension or termination due to Customer’s breach of the Agreement;

Disengagement of functionality of the NeuBird Product due to Customer’s request;

Force Majeure Events; or Customer’s or its service provider’s equipment, software or other technology. NeuBird will provide Customer with reports on Availability upon request.

Credit

If NeuBird fails to achieve the above Availability for the NeuBird Product in a month, Customer may claim a credit based on the subscription fee paid by Customer and attributable to such month, as provided below.

Customer will not be entitled to a credit if it is in breach of this Agreement, including its payment obligations. To receive a credit, a Customer must file a claim for such credit within five(5) days following the end of the month in which the Availability Commitment was not met by contacting NeuBird at hawkeye@neubird.ai with a complete description of the downtime, how Customer was adversely affected, and for how long.

The credit remedy set forth in this Service Level Agreement is Customer’s sole and exclusive remedy for the unavailability of the NeuBird Product.

Customer Support

Availability for Month

  Credit

99.5-100.0%

0%

97.0-99.49%

4%

94.0-96.99%

6%

92.0-93.99%

10%

Below 92.0%

50%

NeuBird live technical support business hours will start at 9:00 am Pacific Time and run until 5:00 pm Pacific Time on weekdays. Technical support can be contacted via email at hawkeye@neubird.ai or via shared channels in the customer communication platform.

Live technical support will not be available on Christmas Day (December 25) and New Year’s Day (January 1). Limited technical support will be available during the hours listed above during NeuBird holidays. The current NeuBird holidays are set forth below:

    • Presidents Day (third Monday of February)
    • Memorial Day (last Monday of May)
    • Independence Day (July 4)
    • Labor Day (first Monday of September)
    • Thanksgiving Day (fourth Thursday in November)
    • Christmas Eve (December 24)
    • New Year’s Eve (December 31)

Support Email : hawkeye@neubird.ai

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