This Aphex Service Level Agreement ("SLA") accompanies the Aphex Subscription Terms of Service, (the "Agreement") entered into between you ("Customer") and Aphex. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement.
Target Availability. Aphex will use commercially reasonable efforts to make each Service available with an uptime of 99.5% of each calendar month ("Target Availability").
RTO and RPO. Aphex has a 24 hour target for both RTO and RPO
Exclusions. The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Aphex's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance.
Scheduled Maintenance. "Scheduled Maintenance" means Aphex's scheduled routine maintenance of the Services for which Aphex notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. Aphex typically performs Scheduled Maintenance once per month.
Remedy for Failure to Meet Target Availability. If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within thirty (30) days after the end of the second such month, in which case Aphex will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer's sole and exclusive remedy, and Aphex's sole and exclusive liability, for Aphex's failure to meet the Target Availability.