Subscription Service Guide

1. SUPPORT

   BugZero will provide support for the Subscription Service as set forth in the Customer Support Policy attached to this Subscription Service Guide as Exhibit A.2 and incorporated herein by reference. The Customer Support Policy may be updated periodically.

2. UPGRADES AND UPDATES

   BugZero will provide upgrades and updates to the Subscription Service as described in Exhibit A.3 Upgrades and Updates attached to this Subscription Service Guide and incorporated herein by reference. The Upgrade and Update exhibit may be updated periodically.

3. DATA PROCESSING ADDENDUM

   The parties’ agreement with respect to the processing of personal information submitted to the Subscription Service is described in the Data Processing Addendum attached to this Subscription Service Guide as Exhibit A.4 and incorporated herein by reference. The Data Processing Addendum may be updated periodically.

4. DATA SECURITY GUIDE

   BugZero will implement and maintain security procedures and practices appropriate to information technology service providers designed to protect Customer Data from unauthorized access, destruction, use, modification, or disclosure, as described in the Data Security Guide attached to this Subscription Service Guide as Exhibit A.5 and incorporated herein by reference. The Data Security Guide may be updated periodically.

5. AVAILABILITY SERVICE LEVEL
   1. Definitions:
      1. “Available” means that the Subscription Service can be accessed by authorized users.
      2. “Excused Downtime” means: (a) Maintenance Time of up to two hours per week; and (b) any time the Subscription Service is not Available due to circumstances beyond BugZero’s control, including modifications of the Subscription Service by any person other than BugZero or a person acting at BugZero’s direction, a Force Majeure Event, general Internet outages, failure of Customer’s infrastructure or connectivity (including direct connectivity and virtual private network (“VPN”) connectivity to the Subscription Service), computer and telecommunications failures and delays, and network intrusions or denial-of-service or other criminal attacks.
      3. “Infrastructure Modification” means any repairs, maintenance, improvements, or changes to the cloud infrastructure used by BugZero to operate and deliver the Subscription Service.
      4. “Maintenance Time” means the time the Subscription Service is not Available due to an Infrastructure Modification, Upgrade, and Update.
      5. “Availability SLA” means that the production instances of the Subscription Service will be Available at least 99% of the time during a calendar month, excluding Excused Downtime.
   2. AVAILABILITY. If Customer’s production instances of the Subscription Service fall below the Availability SLA during a calendar month, Customer’s exclusive remedy for failure of the Subscription Service to meet the Availability SLA is to request that: the affected Subscription Term be extended for the number of minutes the Subscription Service was not Available in the month in accordance with the Availability SLA.
   3. REQUESTS. Customer must request all service credits or extensions in writing to BugZero within 30 days of the end of the month in which the Availability SLA was not met, identifying the support requests relating to the period Customer’s production instances of the Subscription Service was not Available.
   4. NOTICE. BugZero will give Customer 1 day prior notice of an Infrastructure Modification if BugZero, in its reasonable judgment, believes that the Infrastructure Modification will impact Customer’s use of its production instances of the Subscription Service, unless, in the reasonable judgment of BugZero, the Infrastructure Modification is necessary to: (a) maintain the availability, security, or performance of the Subscription Service; (b) comply with Law; or (c) avoid infringement or misappropriation of third-party Intellectual Property Rights.