1. Introduction

This Service Level Agreement (“SLA”) is incorporated into the Terms and Conditions, under which the Company delivers certain services to the user. This SLA outlines the quality, availability, and responsibilities associated with the services provided by the Company. This SLA sets forth the agreed-upon standards, metrics, and procedures to ensure consistent service delivery and manage customer expectations.

This SLA becomes effective upon Membership to Applicate and remains in effect until the termination of the subscription or Membership.

2. Definitions

• Company: Applicate, the entity responsible for delivering the services outlined in the Terms and Conditions and in this SLA.

• Member: All of Applicate’s subscribers and members.

• Performance Metrics: The standards and metrics used to measure the quality and availability of the services, as outlined in Section 3.

• Service Level Targets: The desired levels of performance for each performance metric, as defined in Section 4.

3. Performance Metrics

The performance of the services will be measured based on the following metrics:

• Availability/uptime percentage: the percentage of time during which the services are available and accessible to the Member.

• Response Time: the time taken by the Company to resolve Member-reported issues or incidents.

4. Service Level Targets/Uptime Commitment

Given that Applicate is in late development stages, the uptime SLA is lower than the future planned uptime of 99.9%. We guarantee 98.0% uptime, excluding planned maintenance and events beyond our control.

• Availability/Uptime Percentage: 98%

• Response Time: 1 business day

5. Issue Resolution/Service Credits

The Company will follow the procedures outlined in the SLA for reporting, escalating, and resolving customer-reported issues or incidents in a timely manner.

In the event the Company fails to meet the service level targets outlined in this SLA, contact info@applicatenow.com discuss remediation opportunities.

6. Exclusions

Scheduled maintenance (with notice), unforeseen circumstances, user error, or third-party outages are excluded.

7. Review and Revision

This SLA will be subject to periodic review and may be revised as necessary to reflect changes in business requirements, service offerings, or performance metrics.

8. Governing Law

This SLA shall be governed and construed in accordance with the laws of the State of California. Any disputes arising from or in connection with this SLA shall be resolved through mutual negotiation or mediation.