ZIP Code API SLA

This Zip-Codes.com API Service Level Agreement (“SLA”) governs the use of the Zip-Codes.com API under the terms of the Zip-Codes.com Terms of Service (the “TOS”) between DataSheer, LLC. (“Zip-Codes.com”, “us” or “we”) and users of the Zip-Codes.com API (“you” or “Customer”). This SLA applies separately to each account using the Zip-Codes.com API. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. Zip-Codes.com reserves the right to change the terms of this SLA in accordance with the TOS.

1. Service Commitment

Zip-Codes.com will use commercially reasonable efforts to make the Zip-Codes.com API available 99.9% of the time. In the event Zip-Codes.com does not meet the goal of 99.9% API availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.

2. Definitions

The following capitalized terms shall be given the meaning set forth below:

2.1 “Unavailable Time” means the Zip-Codes.com API is not available for use according to third party performance and monitoring services contracted by Zip-Codes.com at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability is currently available at api.zip-codes.com; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.

2.2 “Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the Zip-Codes.com API was in a state of “Unavailable Time” as identified by a Monitoring Service.

2.3 A “Service Credit” is a dollar credit, calculated as set forth below, that Zip-Codes.com may credit back to an eligible Customer account:

For a calendar month where the Uptime Monthly Percentage, as identified by Monitoring Service, Zip-Codes.com, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer’s account a percentage of that month’s billings, as defined by this table:

Monthly Uptime Percentage	Service Credit
100% - 99.9%	0%
Less than 99.9%	10%

3. Credit Request and Payment Procedures

To receive a Service Credit, the customer must submit an email to info@zip-codes.com within 30 days of the month in which the Unavailable Time occurred. The email must include:

1. (i) "ZIP Code API SLA Claim" as the subject of the ticket.
2. (ii) The dates and times of the Unavailable Time for which you are requesting credit.
3. (iii) Any applicable information that documents the claimed outage.

A Service Credit shall be issued to Customer’s Zip-Codes.com API account for future use or applied in the form of a partial refund. No cash value will be provided and it cannot be exchanged for, or converted to, monetary compensation. Service Credits may not be transferred or applied to any other account. The maximum service credit that we will issue for downtime in a month is 10% of the fees you otherwise owe us for that month.

4. Exclusions & Limitations

Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Zip-Codes.com API, or any other Zip-Codes.com API performance issues, that

1. (i) Are caused by factors outside of Zip-Codes.com’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Zip-Codes.com or its direct hosting subcontractors (i.e beyond the point in the network where Zip-Codes.com maintains access and control over the Zip-Codes.com Services);
2. (ii) Result from any actions or inactions of Customer or any third party (other than Zip-Codes.com’s direct hosting subcontractor);
3. (iii) Result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Zip-Codes.com’s direct control);
4. (iv) Arise from Zip-Codes.com’s suspension and termination of Customer’s right to use the Zip-Codes.com Services in accordance with the TOS
5. (v) Scheduled maintenance;
6. (vi) Problems or issues related to alpha, beta or not otherwise generally available Zip-Codes.com API features or products (collectively, the “Exclusions”).

5. Sole Remedy

Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Zip-Codes.com API Services or other failure by us to provide the Zip-Codes.com Services.