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<br />First Amendment to the Purchase <br />Agreement for Goods, Commodities, <br />and Services <br />Page 10 of 18 <br />REV: 04-09-26 LR <br />Monthly Uptime Percentage means the total number of minutes in a calendar month (excluding Scheduled <br />Maintenance) minus the number of minutes of Downtime suffered in a calendar month, and minus initiated <br />operations such as restart, stop, start, failover, scale compute, and scale storage, divided by the total number of <br />minutes in a calendar month. <br />Scheduled Maintenance means the time period during which Skydio intentionally takes the SaaS Services offline <br />to perform maintenance or upgrades. Scheduled Downtime will be communicated to Customer no less than 48 <br />hours in advance via the SaaS Services. <br />Service Credit means days of Service added to the end of the Service term, at no charge to Customer, credited <br />as follows: < 99.9% - ≥ 99.0%: 3 days; < 99.0% - ≥ 95.0%: 7 days; < 95.0%: 15 days. Service credits (i) are not <br />refunds; (ii) can't be exchanged for a cash amount; (iii) are capped at a maximum of 30 days of paid service; (iv) <br />require Customer to have paid any outstanding invoices; and (v) expire upon termination of the applicable <br />Subscription. The aggregate maximum amount of Service Credit to be issued by Skydio to Customer for all <br />Downtime that occurs in a single calendar month will not exceed 30 days. <br />(b) Service Level and Claims Process <br />Skydio will maintain at least 99.9% Monthly Uptime Percentage (the "Service Level"). If Customer's Monthly <br />Uptime Percentage falls below the Service Level in a given month, Customer may request a Service Credit by <br />contacting Skydio Customer Service. Claims may be made on a calendar-month basis only and must be <br />submitted within 15 calendar days after the end of the applicable month, except where a Subscription ends on a <br />date other than the last day of a calendar month, in which case any claim related to that Subscription must be <br />submitted within 15 calendar days after the Subscription end date. All claims will be verified against Skydio's <br />system records. If Skydio and Customer disagree in good faith as to whether the SaaS Services fell below the <br />Service Level in a given month, Skydio will provide Customer a record of the availability for the applicable period <br />upon request. This SLA states Customer's sole and exclusive remedy for any failure by Skydio to meet the <br />Service Level. <br />(c) Exclusions <br />The SLA does not apply to any SaaS Services offered to Customer on a trial, pilot or beta basis, any SaaS <br />Services that expressly exclude this SLA (as stated in the documentation for such services), or any outages or <br />performance issues caused by: <br />Any SaaS Services that expressly exclude this SLA (as provided in the Agreement or documentation for <br />such SaaS Services) <br />Beta services or features <br />Onboard software <br />Any Hardware, Software or Service that has been discontinued pursuant to Skydio's End of Life Policy <br />Performance issues caused by or resulting from: <br />o Factors described in the "Force Majeure" section of the Agreement <br />o Customer's equipment or third party equipment, or both (not within the primary control of Skydio) <br />o Customer's failure to adequately safeguard Customer's Credentials <br />o Customer's failure to adhere to any required configurations, use supported platforms, or follow <br />any policies for acceptable use <br />o Customer's use of the Products or Services in a manner inconsistent with the features and <br />functionality of the Products or Services as provided in the Product Guide or our published <br />guidance <br />o Faulty input, instructions, or arguments <br />Use of services, hardware, or software not provided by Skydio, including, but not limited to, issues <br />resulting from inadequate bandwidth or related to third-party software or services. <br />3.8 Skydio Care and Replacement Plans <br />(a) Skydio Care <br />Skydio Care service, if purchased, is governed by these Terms and the Skydio Care Terms of Service. The latter <br />will govern any conflict with these Terms. Skydio has begun sunsetting Skydio Care. <br />(b) Replacement Plans <br />Some premium packages include Hardware replacements. Only those SKUs that explicitly include replacements <br />in the description are eligible, and the specific terms in your Order Form control. (i) Drone Replacement. During <br />the Subscription Term, Customer may request a limited number of discounted replacements as detailed in the <br />ATTY/AGR.2026/Amend. No.1/Axon Enterprise, Inc. (Axon Purchase Agreement Amendment) (Page 10 of 69)