MadCap Software Service Level Agreement (SLA)
Updated: September 20, 2021
1. Service Level Commitment.
During the Subscription Term for which MadCap Software, Inc. has agreed to provide MadCap Cloud
Services to you, we will use commercially reasonable efforts to provide a Monthly Uptime
Percentage to you of at least 99.9% (“Service Level Commitment”).
2. Service Credits.
(a) If we fall short of our 99.9% Service Level Commitment we will apply a Service Credit to youraccount for future use. In order to receive Service Credit, a request for service credit must be
submitted to customerservice@madcapsoftware.com with all necessary details within fifteen (15)days after the end of such calendar month in which you believe Service Level Commitment was notmet. We may ask you to provide any other reasonably requested information or documentation to
support finding. Once MadCap Software confirms there was a failure to meet a Service Level
Commitment, you will be entitled to a credit based on 1/12 of annual fees (one month) invoiced forthe affected Cloud Product you have provisioned (“Service Credit”). Our monitoring and logging
infrastructure is the source of truth for determining Monthly Uptime Percentage, any errors andwhether we have met the Service Level Commitment. All calendar months will be measured in theUTC time zone.
(b) The Service Credit will be calculated as follows:
Monthly Uptime Percentage
Service Credit (% of monthly fees for affected Cloud Product)
Less than 99.9% but greater than or equal to 99.0%
10%Less than 99.0% but greater than or equal to 95.0%
25%
Less than 95.0%
50%
We will apply each Service Credit against a future payment otherwise due from you for the affected
Cloud Product, provided that your account is fully paid up, without any outstanding payment issues
or disputes. No refunds or cash value will be given for unused Service Credits. Service Credits may
not be transferred or applied to any other account or product. The aggregate maximum ServiceCredits applied to an invoice will not exceed 100% of the amount invoiced for the affected Cloud
Product in that invoice billing period. We reserve the right to deny a Service Credit if you do not
qualify for one.
3. Exclusions.
You will not be entitled to a Service Credit if you are in breach of the terms outlined in thisagreement or those outlined in Terms and Conditions for Online Services. The Service Level
Commitment will not include unavailability due to: (a) your use of the Cloud Products in a mannernot authorized in the Terms and Conditions or not in accordance with the applicable
Documentation; (b) force majeure events or other factors outside of our reasonable control,including, without limitation, Internet access or related problems; (c) your equipment, software,
network connections or other infrastructure; (d) your data or your materials; (e) third-party
equipment, apps, add-ons, software or technology (other than our agents and subcontractors); or (f)routine Scheduled Maintenance or reasonable emergency maintenance as set forth below. NoService Level Commitment or Service Credits are provided for (i) free, proof-of-concept, beta or trial
services, or (ii) features (if any) excluded from the Service Level Commitment (in the applicableDocumentation).
4. Scheduled Maintenance.
Sometimes we need to perform maintenance to keep our Cloud Product working smoothly. If
downtime is necessary, due to scheduled Maintenance, we will provide you with at least 24 hoursadvance notice. In a year, scheduled downtime won’t exceed 10 hours.
5. Exclusive Remedies.
Service Credits are your sole and exclusive remedy, and our sole and exclusive liability, for our failure
to meet the Service Level Commitment.
6. Product Maintenance and Subscriptions.
If you have a valid and active Maintenance Plan and/or Subscription for a Cloud or Desktop Product,
MadCap Software agrees to provide you (i) unlimited email and telephone access to TechnicalSupport and (ii) any and all Product Upgrades and Updates at no additional cost, for the duration ofyour Maintenance Plan or Subscription.
6.1.Technical Support.
Having an active Maintenance Plan or Subscription entitles you to contact technical support via
email or telephone, any number of times during your Maintenance Plan and Subscription period, byfollowing the guidelines as outlined on our Contact Options for Technical Support page. MadCap
Software will make its best effort to answer your email inquiries within 48 business hours fromsubmission (excluding weekends). MadCap Software will not provide technical support for productversions of the software that are more than two versions (i.e. major releases) older than the mostcurrent release. MadCap Software does not guarantee resolution for all reported issues and/or bugs
and only attempts to provide patches to the most recent release. However we will make every effort
to provide reasonable workarounds (if available) and report all feature requests and software
related bugs to our internal Product Management and/or Development team accordingly. In orderto access Technical Support you are required to own and provide a valid Maintenance Plan or
Subscription Key that was provided at time of purchase. You acknowledge that your Maintenance
Plan or Subscription Key is unique to (i) the particular Product License you purchased and (ii) theregistered User of the Product for which it was procured. Unless you have purchased a multi-user or
floating license, you may not share your Maintenance Plan or Subscription Key with any otherperson, including those within your organization. MadCap Software has the right to deny service toany customer with an expired Maintenance Plan or Subscription as well as a non-registered owner ofsuch license. Upon expiration and/or non-renewal of your Maintenance Plan or Subscription, youacknowledge that MadCap Software will no longer have any obligations as it relates to providing you
with Technical Support services.

6.2. Product Upgrades and Updates.
If you have a valid and active Maintenance Plan or Subscription for a Cloud or Desktop Product, youare entitled to receive free of charge any and all product upgrades and updates that are madepublicly available for that product during the period of your Maintenance Plan or Subscription.
MadCap Software will take all commercially reasonable efforts to inform you via email and/or fromwithin the product application within 48 hours of making such upgrades or updates publiclyavailable. Upon the expiration or non-renewal of your Maintenance Plan or Subscription, you
acknowledge that MadCap Software will no longer have any obligations to inform or provide youwith any Product Upgrades and Updates.
7. Changes to this Service Level and Product Maintenance Agreement.
As our business evolves, we may change our Service Level Agreement. Customers can review themost current version of the Service Level Agreement at any time by visiting this page.