This Leaf Service Level Agreement (“SLA”) governs the use of the Leaf API pursuant to the terms of the Leaf Terms of Service (“TOS”) between Leaf International Corporation. (“Leaf”, “us”, or “we”) and any user of the Leaf API (“you”, “your”, or “Customer”). To the extent you have more than one Leaf account, this SLA applies to each Leaf account individually. Except as otherwise set forth in this SLA, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. Leaf reserves the right to change the terms of this SLA in accordance with the TOS.

1. Definitions
   1. “Monthly Uptime Percentage"means the difference between 100% and the percentage of Unavailable Time for the applicable month.
   2. “Service Credit”means a dollar credit, equal to 10% of your usage fees in the month in which the Unavailable Time (as defined below) occurred, that Leaf  will credit back to an eligible Leaf
   3. “Unavailable Time”means the Leaf API for the applicable product is not available for use, as measured in continuous 5-minute increments. Unavailable Time does not include any unavailability resulting from any Exclusion (as defined below).

2. Service Commitment

Leaf will make the Leaf API available 99.95% of the time each month. If Leaf ’s Monthly Uptime Percentage is below 99.95% in a given calendar month, then you will be eligible to receive a Service Credit as described in Section 3 below. Availability of the Leaf API is measured by the third-party performance and monitoring services contracted by Leaf (the “Monitoring Service”).  Leaf may adjust the measure of availability by the Monitoring Service to account for any Exclusions applicable to such period. Leaf will also share planned outages and maintenance reports from partner companies.

3. Credit Request and Payment Procedures:

To receive a Service Credit, you must submit a request to Leaf as described in this Section 3. You must make the submission to Leaf Customer Support within thirty (30) days from the time you become eligible to receive the applicable Service Credit. Such submission must include: (a) “SLA Claim” as the subject of the ticket; (b) the dates and times of Unavailable Time for which a credit is being claimed; (c) any documentation of the applicable outage. Each Service Credit will be applied to future amounts payable by you in connection with the applicable Leaf product. No refunds or cash value will be given. Service Credits may not be transferred or applied to any other Leaf account.

4. Exclusions

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability of the Leaf API or any other Leaf API performance issues, that (a) are caused by factors outside of Leaf ’s reasonable control, including, without limitation, any force majeure event, Leaf data provider-related problems or issues, or Internet access or related problems occurring beyond the point in the network where Leaf maintains access and control over the Leaf Services; (b) result from any actions or inactions of you or any third party (other than Leaf ’s agents and subcontractors); (c) result from any Customer Application(s), equipment, software or other technology and/or third party equipment, software or other technology (except for equipment within Leaf’s direct control); or (d) occurs during Leaf’s scheduled maintenance for which Leaf will provide at least twenty-four (24) hours prior notice; or (e) problems or issues related to alpha, beta or not otherwise generally available Leaf features or products (collectively, the “Exclusions”).

5. Entire SLA Liability

This SLA states Leaf’s sole and entire liability to you and your sole remedy with respect Leaf’s failure to meet the Monthly Uptime Percentage.