Common use of Availability Target Clause in Contracts

Availability Target. Sprinklr shall use commercially reasonable efforts to maintain Availability of the Platform 99.5% of the time during each calendar monthly reporting period, excluding (i) Scheduled Maintenance Windows; (ii) unavailability caused by acts or omissions of Customer or its agents; (iii) unavailability caused by network unavailability or bandwidth limitations outside of the Sprinklr network; (iv) issues arising from problems in the software, firmware or hardware of Sprinklr’s suppliers; (v) hacks, malicious introduction of viruses, disabling devices, and other forms of attacks that disrupt access to the Platform; (vi) power outages or other telecommunications or Internet failures; and (vii) events outside of Sprinklr’s control (“Availability Target”). In the case of subsections (iv) and (v), such events shall be included in the calculation of Availability if the outage could have been prevented by reasonable and customary precautions in the hosting industry, which precautions were not taken. The Availability of the Platform for a given calendar month will be calculated according to the following formula (referred to herein as the “Availability”): Where: Total minutes in the month = TMM; Total minutes in month unavailable = TMU; and: Availability = ((TMM-TMU) x 100)/TMM. Sprinklr’s records and data will be the sole basis for all SLA calculations and determinations.

Availability Target. Sprinklr shall use commercially reasonable efforts to maintain Availability of the Platform 99.5% of the time during each calendar monthly reporting period, excluding (i) Scheduled Maintenance Windows; (ii) unavailability caused by acts or omissions of Customer or its agents; (iii) unavailability caused by network unavailability or bandwidth limitations outside of the Sprinklr network; (iv) issues arising from problems in the software, firmware or hardware of Sprinklr’s suppliers; (v) hacks, malicious introduction of viruses, disabling devices, and other forms of attacks that disrupt access to the Platform; (vi) power outages or other telecommunications or Internet failures; and (vii) events outside of Sprinklr’s control (“Availability Target”). In the case of subsections (iv) and (v), such events shall be included in the calculation of Availability if the outage could have been prevented by reasonable and customary precautions in the hosting industry, which precautions were not taken. The Availability of the Platform for a given calendar month will be calculated according to the following formula (referred to herein as the “Availability”): Where: Total minutes in the month = month= TMM; Total minutes in month unavailable Unavailable = TMU; and: Availability = ((TMM-TMU) x 100)/TMM. Sprinklr’s records and data will be the sole basis for all SLA calculations and determinations.

Availability Target. Sprinklr shall use commercially reasonable efforts efforts to maintain Availability of the Platform 99.5% of the time during each calendar monthly reporting period, excluding (i) Scheduled Maintenance Windows; (ii) unavailability caused by acts or omissions of Customer or its agents; (iii) unavailability caused by network unavailability or bandwidth limitations outside of the Sprinklr network; (iv) issues arising from problems in the software, firmware firmware or hardware of Sprinklr’s suppliers; (v) hacks, malicious introduction of viruses, disabling devices, and other forms of attacks that disrupt access to the Platform; (vi) power outages or other telecommunications or Internet failures; and (vii) events outside of Sprinklr’s control (“Availability Target”). In the case of subsections (iv) and (v), such events shall be included in the calculation of Availability if the outage could have been prevented by reasonable and customary precautions in the hosting industry, which precautions were not taken. The Availability of the Platform for a given calendar month will be calculated according to the following formula (referred to herein as the “Availability”): Where: Total minutes in the month = TMM; Total minutes in month unavailable = TMU; and: Availability = ((TMM-TMU) x 100)/TMM. Sprinklr’s records and data will be the sole basis for all SLA calculations and determinations.