inFlow Inventory SLA

SERVICE LEVEL AGREEMENT FOR INFLOW CLOUD™ SERVICES – September 2017

General

Capitalized terms used but not defined in this Service Level Agreement (“SLA”) will have the meaning assigned to them in the inFlow Inventory^TM Services Terms and Conditions.

Archon Systems Inc. will provide at least 30 days’ notice of changes to this SLA through an in-app message, Archon Systems Inc.’s website, social media or a combination of the three. You can review the most current version of this SLA at any time by visiting https://www.inflowstaging.com/inflow-cloud-sla

Definitions

“Applicable Monthly Service Fees” means the total fees actually paid by You for inFlow Inventory^TM Services that are applied to the month in which a Service Credit is owed due to Uptime being less than the Service Level.

“Downtime” is a period of time, measured in minutes, in a calendar month when an authorized user of inFlow Inventory^TM Services is unable to log into inFlow Inventory^TM Services with his or her proper credentials, excluding periods of time when inFlow Inventory^TM Services is unavailable due to Scheduled Maintenance or Exclusions.

“Monthly Minutes” means for each calendar month the number of minutes of that month calculated as follows: days in the month X 24 X 60.

“Scheduled Maintenance” means periods of time when inFlow Inventory^TM Services is unavailable due to maintenance or upgrades. Archon Systems Inc. will advise You through in-app message, Archon Systems Inc.’s website, social media or a combination of the three, at least 24 hours in advance of a Scheduled Maintenance window.

“Service Credit” is the percentage of the Applicable Monthly Service Fees that will be refunded to You in the event that the Uptime set out below is not met, subject to Archon Systems Inc.’s approval of Your claim.

Claim Process

In order for Archon Systems Inc. to consider a claim for a Service Credit, You must submit a claim to customer support at Archon Systems Inc. Your claim must include all information necessary for Archon Systems Inc. to validate the claim, including but not limited to: (i) a detailed description of the circumstances giving rise to your inability to access inFlow Inventory™ Services; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of Your attempts to resolve the incident at the time of occurrence.

Archon Systems Inc. must receive the claim within one month of the end of the calendar month in which the Incident that is the subject of the claim occurred. For example, if the incident occurred on May 5th, the claim and all required information must be received by June 30.

Archon Systems Inc. will evaluate all information You provide in Your claim, and in its records and those of its service providers, to determine if a Service Credit is owed. It will use commercially reasonable efforts to process claims within forty-five (45) days of receipt.

You must be in compliance with the inFlow Inventory™ Services Terms and Conditions in order to be eligible for a Service Credit. If Archon Systems Inc. determines that a Service Credit is owed to you, we will refund the Service Credit by way of a credit to the credit card you are using to pay Your monthly subscription fee.

Only one Service Credit may be claimed for all Downtime in any given month.

Exclusions

This SLA and any applicable Service Levels do not apply to any availability issues in respect of the inFlow Inventory^TM Services:

1. due to factors outside Archon Systems Inc.’s reasonable control (i.e an event of force majeure, including but not limited to, natural disaster, war, acts of terrorism, riots, government action, or a communications network or Internet failure);
2. caused by the action or failure to act by You ,
3. due to failure of any equipment, Internet access, systems or software provided by You; and
4. resulting from Your breach of the inFlow Inventory^TM Services Terms and Conditions or any other policies and procedures of Archon Systems Inc applicable to Your use of the inFlow Inventory™ Services.

Service Level

inFlow Inventory^TM Services will be available 99.9% of the time during each month (“Monthly Uptime”).

Calculation Monthly Uptime Percentage: The Monthly Uptime percentage is calculated using the following formula:

Amount of Service Credit

If Archon Systems Inc. does not achieve and maintain the Service Level set out above in a month for inFlow Inventory^TM Service, then You may be eligible to claim a partial refund of Your Applicable Monthly Service Fees, as follows:

Service Credits are your sole and exclusive remedy for any performance or availability issues in respect of inFlow Inventory^TM Service. You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.

Service Credits apply only to fees paid for the inFlow Inventory^TM Services if the Service Level has not been met. The Service Credits awarded in any billing month for inFlow Inventory^TM Services will not, under any circumstance, exceed the monthly service fees paid by You for inFlow Inventory^TM Services in the billing month.