MINDBODY Service Level Agreement
This document is subject to and forms a part of our Terms of Service (the “Agreement”) and outlines the uptime commitments for our Software Service. Capitalized terms not defined below will have the meanings given to them in the Agreement.
1. Uptime Commitment.
We will make the Software Service available to you on a twenty-four hour, seven days a week (24x7) basis at a rate of 99.9% (“Uptime Requirement”).
The Uptime Requirement will commence on the date you first access the Software Service with a paid subscription (“Commencement Date”).
2. Measurement Method.
The Uptime Requirement will be measured over each consecutive twelve (12) month period ending on the anniversary of the Commencement Date (each, a “Measurement Period”). The Uptime Metric percentage will be calculated based on a fraction as follows:
- Total means the total number of minutes in the Measurement Period
- Nonexcluded means downtime during Measurement Period that’s not excluded
- Excluded means downtime or performance issues caused by any of the following:
- Scheduled maintenance for which we give you at least forty eight (48) hours’ prior notice
- Force majeure event (as described in the Agreement)
- Overall Internet congestion, slowdown, or unavailability
- Suspension or termination of Software Service by MINDBODY pursuant to the Agreement
- Your equipment or third party telecommunications, computer hardware, software, or network infrastructure not within the sole control of MINDBODY
3. Software Service Credits.
If the Software Service fails to meet the Uptime Requirement during a Measurement Period, as your sole and exclusive remedy, you may receive a credit to your account as follows:
|Service Availability and Credits|
99.9% or higher
One (1) free month of Software Service
Two (2) free months of Software Service
|90%-94.9%||Six (6) free months of Software Service|
|Below 90%||Twelve (12) free months of Software Service|
4. Credit Requests.
If you believe the Uptime Requirement has not been met in a Measurement Period, in order to receive a credit you must send a request via email to email@example.com no later than thirty (30) days after the end of the applicable Measurement Period. The email must include dates, times and descriptions of each instance of downtime, and any supporting calculations. All properly submitted credit requests will be verified against MINDBODY’s logs and system records.
To be eligible for a credit hereunder, you must maintain a paid subscription in good standing for a minimum of twelve (12) consecutive months. You are not eligible to receive credit for any Measurement Period in which you breached the Agreement or failed to meet your payment obligations to MINDBODY. Credits will be applied to future services only, and any unused credits will be non-refundable upon termination of the Agreement. Beta and trial services are excluded from this SLA.