Genie9 Cloud Storage Terms of Service

Genie9 Service Level Agreement (SLA)

This Service Level Agreement ("SLA") between Genie9 Ltd. ("Genie9") and you ("you") sets forth the service level terms and conditions with respect to the cloud-based automated data backup services offered by Genie9, currently via blog.genie9.com (the "Cloud Backup Services").

Introduction

Genie9 is dedicated to making the Cloud Backup Services easy to access and use while providing you with the highest standards of service. This SLA formally sets forth Genie9's commitment to ensure 99.9% uptime of the Cloud Backup Services.

Availability

For as long as you are subscribed to the Cloud Backup Services in accordance with the Terms of Use, Genie9 will ensure that the Cloud Backup Services will be available and operational at an annual Uptime Percentage of at least 99.9%, as measured over any calendar month (the "Service Level Goal"). If Genie9 fails to meet the Uptime Percentage in any calendar month, and as long as you have met your obligations under the Terms of Use, you may notify Genie9 of such failure by sending an email to Genie9 at support@genie9.com, and Genie9 will provide you with a Service Credit. The Service Credit is your sole and exclusive remedy for a failure by Genie9 to meet the Service Level Goal.

SLA Exclusions

The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or to Downtime resulting from:

• Amazon Web Services outage or other causes beyond Genie9's reasonable control, including force majeure events.
• Your or any third party's equipment, services, actions, or lack thereof.
• Genie9 scheduled maintenance and version upgrades.

Definitions

• "Downtime" means the total number of minutes in a calendar month during which the Cloud Backup Services are unavailable or inoperable.
• "Monthly Uptime Percentage" means the total number of minutes in a calendar month minus Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
• "Service Credit" means a credit calculated as the difference between the Service Level Goal and the Monthly Uptime Percentage, multiplied by the monthly fee payable by you to Genie9 for the applicable month in accordance with the Terms of Use.

Service Credit Request and Payment Procedures

To receive a Service Credit, you must submit a request by sending an email to support@genie9.com. To be eligible, the credit request must be received by Genie9 within thirty (30) days of the end of the month in which the Cloud Backup Services did not meet the Service Level Goal, and must include:

• The words "SLA Credit Request" in the subject line.
• The dates and times of each Downtime incident that you are claiming.
• Logs that document the errors and corroborate your claimed Downtime (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

Service Credit

Service Credits are your sole and exclusive remedy for any failure by Genie9 to meet the Service Level Goal. The total amount of Service Credits for any calendar month shall not exceed the monthly fee paid by you for the Cloud Backup Services for that month. Service Credits will be applied to future payments for the Cloud Backup Services. Service Credits cannot be exchanged for or converted to monetary compensation.

Maintenance and Support

Genie9 will provide scheduled maintenance to ensure the optimal performance of the Cloud Backup Services. Maintenance activities will be scheduled during off-peak hours to minimize impact on your use of the services. Genie9 will provide advance notice of scheduled maintenance activities via email or through the Cloud Backup Services interface.

Limitation of Liability

Genie9's total liability for any and all damages arising from any claims related to this SLA, the Cloud Backup Services, or any other aspect of your relationship with Genie9, whether arising in contract, tort, or otherwise, will be limited to the amount of fees paid by you to Genie9 for the Cloud Backup Services during the twelve (12) months immediately preceding the event giving rise to such liability.

Miscellaneous

This SLA is governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles. Any disputes arising out of or in connection with this SLA will be subject to the exclusive jurisdiction of the courts of London, United Kingdom. This SLA constitutes the entire agreement between you and Genie9 with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and Genie9.