This Service Level Agreement (“SLA”) sets forth Luminate Wireless’ obligations and our customers’ rights with respect to the performance of the Luminate Services portion of the LMC IaaS. We reserve the right to change the terms of this SLA from time to time, effective upon Luminate’s posting of the new version at www.luminatewireless.com.

1. Service Level Commitment

Luminate Wireless will use commercially reasonable efforts to ensure the Monthly Service Availability Percentage for all entities is at least 99.99%.



2. Definitions

“Service Start Time” is defined as the time when the Customer has installed the LWAP and Luminate Wireless has configured the Access Points for active service. LWAP is expected to be in service at all times after the Service Start Time, otherwise this SLA will not apply.

“Service Availability” is defined as the availability of the LMC IaaS to deliver service to a User Equipment (UE) through a particular Access Point after the Service Start Time.

“Monthly Service Availability Percentage” is defined as the total number of minutes in a calendar month that Access Points providing service to an entity defined by Customer are available to provide LMC IaaS minus the total number of minutes LMC IaaS is not available, divided by the total number of minutes in a calendar month. Monthly Service Availability Percentage measurements exclude downtime, resulting directly or indirectly from any Luminate Wireless SLA Exclusion (defined below).

3. Service Credit

“Service Credit” means the number of days that Luminate Wireless will add to the end of the applicable Subscription Term, at no charge to Customer.

“Maximum Service Credit” The aggregate maximum amount of Service Credit to be issued by Luminate Wireless to Customer for all downtime that occurs in a single calendar month will not exceed 10 days. Service Credit will be applied to the Customer’s next invoice. Service Credits may not be converted into refunds or other cash payments.

4. Luminate Wireless SLA Exclusions

Luminate Wireless SLA Exclusions mean any unavailability of the LMC IaaS (i) caused by strikes (other than strikes of a party’s own employees), shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions (other than with respect to a party’s own employees), earthquakes, material shortages or any other causes that are beyond the reasonable control of a party so long as the parties use commercially reasonable efforts, including the implementation of business continuity measures, to mitigate the effects of such force majeure, (ii) any outages or unavailability due to (i) the Internet (where more than one (1) logical network connection is not available between Customer and Luminate Wireless (ii) that result from Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment, software, or other technology within our direct control), (iii) scheduled maintenance, (iv) physical damage to the applicable Access Point or (v) that otherwise result from Customer’s violation of the restrictions or Customer responsibilities set forth in the agreement between Luminate and Customer with respect to the provision of the LMA IaaS.

5. Sole Remedy

Limited Remedy. The applicable Service Credits set forth in this Section SLA shall be Customer’s sole and exclusive remedy under the Agreement and this SLA for any unavailability of the hosted cloud portion of the LMC IaaS in accordance with the terms of this SLA.

6. Reporting

To be eligible to receive a Service Credits, Customer must request a Service Credit in writing within thirty (30) calendar days of the end of the previous month, Luminate Wireless shall credit Customer the applicable amount indicated below as a Service Credit, and not as a penalty.