Flowplayer Video Platform Service Level Agreement

Last updated: 27 March 2023

Preamble

Flowplayer Online Video Platform ("OVP") delivers a highly scalable video platform with high availability and reliability.

This Service Level Agreement ("SLA") describes the uptime for OVP and under which circumstances You are eligible for Service Credits. This SLA applies separately to each account using OVP. Unless otherwise provided herein, this SLA is subject to the terms of the Contract and capitalized terms will have the meaning specified in the Contract. We reserve the right to change the terms of this SLA.

Service Commitment

Flowplayer will use commercially reasonable efforts to make OVP available with a Monthly Uptime Percentage of at least 99.5% during any monthly billing cycle (the "Service Commitment"). In the event the availability of OVP is below the Service Commitment, You may be eligible to receive Service Credits as described below.

DEFINITIONS

"Monthly Uptime Percentage" means uptime of OVP measured by Flowplayer using Pingdom Uptime Check of the web service responsible for displaying videos www.pingdom.com/product/uptime-monitoring.

Downtime in excess of 5 consecutive minutes will count as downtime (shorter downtimes than 5 consecutive minutes will not be counted as downtime).

"Service Credit(s)" means a credit, calculated as set forth under the Section "Service Credits" in this SLA, that Flowplayer may credit to an eligible OVP account holder in the event the availability of OVP is below the Service Commitment.

SERVICE CREDITS

Service Credits are calculated as a percentage of the total charges paid by You for OVP during the billing cycle under which the availability of OVP was below the Service Commitment, in accordance with the table below.

Service Credits are Your sole and exclusive remedy in the event that the availability of OVP is below the Service Commitment. You may not claim additional damages or terminate the Contract due to the availability of OVP being below the Service Commitment. Furthermore, Flowplayer's total liability to pay Service Credits shall never exceed twenty (20) percent of the total charges paid by You for OVP during the billing cycle under which the availability of OVP was below the Service Commitment.

OVP SLA EXCLUSIONS

Flowplayer is not obligated to pay Service Credits due to any unavailability, suspension or termination of OVP or any other OVP performance issues: (i) that result from a suspension based on illegal Content; (ii) caused by factors outside of Flowplayer's reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of OVP; (iii) that result from any actions or inactions of any third party; (iv) that result from Your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Flowplayer's direct control); or (v) arising from Flowplayer's suspension and termination of Your right to use OVP.

CREDIT REQUESTS AND PAYMENT

To request Service Credits, send an email to Flowplayer at support@flowplayer.com within thirty (30) days after You became aware of the availability of OVP being below the Service Commitment. Failure to request Service Credits within the time period stipulated under this Section will result in that You have waived Your right to claim Service Credits. You must include either Your Flowplayer account ID or registered email address, and dates and times of unavailability. If we confirm that You are eligible for Service Credits, we will issue a credit to Your account within ten (10) business days in the same currency You paid with. Credits may only be used against future billing charges.