Certain Defined Terms:

“API” means application programming interface. 

“CDN” means content delivery network. 

“Excused Downtime” means downtime due, in whole or in part, to any of the following: (a) any act or omission of Customer, any Authorized User, or any third party, including any failure to comply with Company’s technical documentation or any failure to use the most recent version of Company’s APIs or any use of the Service in excess of any applicable usage limitations; (b) any failure or malfunction of the website, technology, network, product, service or Internet connectivity of Customer, or any Authorized User, (c) any third party’s applications, technology, equipment or software, except when under Company’s control; (d) a suspension of the Services in accordance with the Agreement, including due to Customer’s breach of the Agreement, (e) any factors outside Company’s reasonable control, including force majeure events, or Internet access or similar problems beyond the Company’s demarcation point, meaning the point in the network where Company maintains access and control over the Service program; (f) any System Maintenance; (g) Company’s blocking of data communications or other aspects of the Services in accordance with its policies; or (h) beta services or other features, functionalities, or products that are in test-mode or not generally available on the Service.

“System Maintenance” means time that any of the Service programs described below are not accessible or available to Customer due to maintenance that has been reported by Company on https://status.builder.io/ (email subscription available) and/or within the Services at https://builder.io/content at least three (3) business days prior to the performance of maintenance. All System Maintenance will: (a) last no longer than four (4) hours in any calendar month; and (b) be scheduled at off-peak times wherever reasonably possible. Company will use reasonable efforts not to conduct System Maintenance in a manner that would cause unavailability of any Service program.

Availability of Service:

Company will meet the following requirements for each Service program during the term of Customer’s subscription to the Service:

** For Publish product subscriptions only

Service Programs & Requirements:

Content Delivery API - API that is read only and delivers content. 

• Requirements: API call that requests a list of entries or a single entry on cdn.builder.io/api/v3/content or cdn.builder.io/v3/query returns successfully (HTTP 200)

Content Asset CDN - CDN that is read only and delivers assets, including images

• Requirements: Requesting a file or image with a response size smaller than 1024kb returns successfully (HTTP 200)

Content Management and Web App - API that is read only and used by the web editing interface and certain non-critical APIs; web editing interface for authorized users of the Service

• Requirements: A request of the root document at www.builder.io/content returns successfully (HTTP 200)

Company will measure whether each of the Service programs has met the applicable requirements above through automatic measurement tests. The results of the measurement tests can be viewed at http://status.builder.io. Any measurement test that satisfies the requirements above is treated as a positive fulfillment test. 

“Program Availability” means the number of positive fulfillment tests per calendar month, divided by the number of total measurement tests performed in that calendar month. Excused Downtime will not count against Program Availability.

For each Service program, Company will provide the applicable Program Availability as set forth in the Order Form. Program Availability will be measured over the course of each calendar month during the Customer’s annual subscription term. 

Service Credits:

In the event that the Program Availability for any Service program is not met during the term of a Customer’s subscription, Customer is eligible to receive a service credit (“Service Credit”) of 20% of the subscription fees for the impacted month. For the purpose of this calculation the Customer’s subscription fees shall be deemed to be pro-rated equally over the relevant subscription term.

In order to receive Service Credits, Customer must notify Company in writing within 30 days from the time when the Program Availability was not met, and failure to provide such notice will forfeit the right to receive Service Credit. Such Service Credits may not be redeemed for cash. Any Service Credit payable under this Agreement will be automatically applied to subscription fees payable by Customer in the subsequent subscription term. If the subscription term is not renewed, the Service Credit will be forfeited. This Exhibit sets forth Company’s sole obligation and liability to Customer and Customer’s sole and exclusive remedy for any failure to meet the Availability Requirement. Customer will not be eligible to receive a Service Credit if Customer is past due of its payment obligations or in material breach of the Agreement at the time of eligibility for the Service Credit. Notwithstanding the foregoing, Builder may, in its sole discretion, choose to pay Customer the Service Credit instead of applying a credit against the subsequent subscription term’s fees. 

Remedy for Material SLA Breach:

If Program Availability for any Service program falls below 99% in any three (3) calendar months during an annual subscription term, Customer may, within 30 days following the occurrence of the failure at the end of the third month, terminate the applicable Order Form immediately and Company will refund Customer, on a pro-rata basis, the portion of prepaid Fees, if any, attributable to the remaining, unused portion of Services under such Order Form.