In connection with the Stuut Platform, Stuut will provide the Stuut Platform to Customer as described below.

(a)            Availability. Stuut will use commercially reasonable efforts to make the Stuut Platform available to Customer 95% of the time during the Term, except for (i)planned downtime (with reasonable advance notice to Customer) of the Stuut Platform; (ii) emergency downtime of the Stuut Platform; (iii) any unavailability of the Stuut Platform due to causes beyond Stuut’s reasonable control pursuant to Section 13.1 of the Agreement (Force Majeure); and(iv) any failure by Customer to reasonably cooperate with Stuut in order to restore availability of the Stuut Platform.

(b)           Severity Levels and ResponseTimes. Upon Customer’s report of a problem with the Stuut Platform, a Stuut representative will acknowledge the report by issuing a confirmation to Customer, either by email or other available channel as determined by Stuut, and Stuut will assign a severity level to the problem based on the type of issue reported. Stuut will use commercially reasonable efforts to address problems with the Stuut Platform according to the following target response times:

Severity  Level

Severity 1

Description of Problem: A critical problem that  involves availability or fundamental functionality of the Stuut Platform  that precludes productive use of the Stuut Platform, and that is having, or  is likely to have, an immediate and material impact on a critical business  activity of Customer.

Stuut Target Response Times: Respond within eight (8) hours of issue being logged; it is recommended  that all severity 1 issues be logged with applicable Stuut support contact.

Severity 2

Description of Problem: A significant problem that  involves functionality of the Stuut Platform or degraded availability, but  that does not preclude productive use of the Stuut Platform and is not having  and is not likely to have an immediate and material impact on a critical  business activity of Customer.

Stuut Target Response Times: Respond within twenty-four (24) hours of issue being logged with applicable Stuut  support contact.

Severity 3

Description of Problem: An inconvenient problem  with the Stuut Platform that inhibits a feature of the Stuut Platform but  does not preclude productive use of the Stuut Platform.

Stuut Target Response Times: Respond within two (2) business days of issue  being logged with applicable Stuut support contact.

For the avoidance of doubt, failure by Stuut to meet the target availability or response times set forth herein shall not constitute a breach of the Agreement or result in any liability or remedies provided by Stuut