Service Level Agreement

Effective Date: January 1, 2019.

This Service Level Agreement (“SLA”) governs your use of AnyConnect’s Services under the Terms of Service (the “Terms”) provided by AnyConnect Private Limited and its subsidiaries and affiliates (“AnyConnect” or “we”). This SLA applies separately to each account using our Services. Unless otherwise provided herein, this SLA is subject to the Terms and capitalized terms will have the meaning specified in the Terms. AnyConnect reserves the right to change this SLA in accordance with the Terms.

1. Service Commitment

AnyConnect will use commercially reasonable efforts to make our Services available 99.95% of the time. In the event AnyConnect does not meet the goal of 99.95% availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.

2. Definitions

The following capitalized terms shall be given the meaning set forth below:

2.1 “Unavailable Time” means the Services are not available for use according to third party performance and monitoring services contracted by AnyConnect at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability is currently available at http://status.anyconnect.com; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.

2.2 “Monthly Uptime ” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the Services were in a state of “Unavailable Time” as identified by Monitoring Service

2.3 A “Service Credit” is a dollar credit, calculated as set forth below, that AnyConnect may credit back to your account. For a calendar month where the Uptime Monthly Uptime falls below a threshold, AnyConnect, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit your account a percentage of that month’s fees, as defined by this table:

Monthly Uptime Percentage
<99.95%
Service Credit
10%

Service Credit shall be issued to your AnyConnect balance for future use only. No refunds will be provided. Service Credits may not be transferred or applied to any other account.

3. Credit Request and Payment Procedures

To apply for a Service Credit, you must notify AnyConnect within 1 month of the month in which the Unavailable Time occurred. The notification must be sent to claim@anyconnect.com and include (i) “SLA Claim” as the subject of the email; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.

4. Exclusions

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Services, or any other Service performance issues, that (i) are caused by factors outside of AnyConnect’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of AnyConnect or its direct hosting subcontractors (i.e beyond the point in the network where AnyConnect maintains access and control over our Services); (ii) result from any actions or inactions by you or any third party; or (iii) arise from AnyConnect’s suspension or termination of your right to use our Services in accordance with the Terms, (iv) scheduled maintenance; or (v) problems or issues related to alpha, beta or not otherwise generally available AnyConnect features or products (collectively, the “Exclusions”).

5. Sole Remedy

Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Services or other failure by us to provide our Services.