Service Level Agreement

Definitions

• “Downtime” are periods of time, measured in minutes, in which the Service is Unavailable for Axon or a Customer. Downtime does not include Scheduled Downtime and does not include Unavailability of the Service due to limitations described in Exclusions.
• “Incident” a period of time in which Axon or a Customer experiences Downtime.
• “Maximum Available Minutes” is the total accumulated minutes during a Service Month for the Service.
• “Monthly Uptime Percentage” is (Maximum Available Minutes – Downtime) / Maximum Available Minutes * 100.
• “Scheduled Downtime” are periods of time, measured in minutes, in which the Service is unavailable to Axon or a Customer and in which the period of time falls within scheduled routine maintenance or planned maintenance timeframes.
• “Service Month” is a calendar month at Coordinated Universal Time (UTC)
• “Unavailable” and “Unavailability” is when the Service does not allow for live-streaming of video or interactive login by an end-user.

Service Level Objective

DroneSense will use commercially reasonable efforts to make the Service available 99.99% of the time.

Guaranteed Service Level & Credits

If DroneSense fails to make the Service available to the defined Monthly Uptime Percentage availability levels, Axon and the affected Customer may be entitled to Service Credits. Service Credits are awarded as days of Service usage added to the end of the Service subscription term at no charge to Axon or the affected Customer.

Requesting Service Credits

In order for DroneSense to consider a claim for Service Credits, Axon or the affected Customer must submit the claim to DroneSense customer support including all information necessary for DroneSense to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Incident; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of Axon’s or the affected Customer’s attempts to resolve the Incident at the time of occurrence.

Service Maintenance

• Maintenance will take place according to DroneSense’s prevailing Maintenance Schedule.
• Maintenance periods may periodically result in the Service being Unavailable. Downtime falling within scheduled routine or planned maintenance is Scheduled Downtime and is not eligible for Service Credits.
• Emergency maintenance may have less than a 24-hour notification period. Emergency maintenance may be performed at any time, with or without notice as deemed necessary by DroneSense. Emergency maintenance falling outside scheduled routine or planned maintenance is eligible for Service Credits

Terms

DroneSense must receive the claim within one month of the end of the month in which the Incident that is the subject of the claim occurred. For example, if the Incident occurred on February 12th, DroneSense must receive the claim and all required information by March 31st.

DroneSense will evaluate all information reasonably available and make a good faith determination of whether a Service Credit is owed. DroneSense will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. Axon and the affected Customer must be in compliance with all agreements governing use of the Service in order to be eligible for a Service Credit. If DroneSense determines that a Service Credit is owed, DroneSense, we will provide Axon and the affected Customer with the Service Credit. Service Credits may not be exchanged for or converted to monetary amounts.

Exclusions

The Service Level Agreement does not apply to any unavailability, suspension or termination of the Service, or any other performance issues: (a) caused by factors outside of DroneSense’s reasonable control, including any force majeure event, terrorism, sabotage, virus attacks, or Internet access or related problems beyond the demarcation point of the Service (including Domain Name Server issues outside DroneSense’s direct control); (b) that result from any actions or inactions of Axon, the affected Customer, or any third party; (c) that result from Axon or the affected Customer’s communication delays, including wrong, bad or missing data, improperly formatted, organized or transmitted data received from you, or any other data issues related to the communication or data received from or through you; (d) that result from Axon or the affected Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within DroneSense’s direct control); (e) that result from any Scheduled Downtime as provided for pursuant to this SLA; or (f) arising from DroneSense’s suspension and termination of Axon’s or the affected Customer’s right to use the Service in accordance with the Agreement.