This Service Level Agreement (the “SLA”) supplements the Terms of Service or other written or digital agreement (the “Agreement”) entered into by and between the customer identified in the Agreement (“Customer”) and AssemblyAI Inc. (“AssemblyAI”). Any capitalized terms that are used but not defined in this SLA shall have the meanings set forth in the Agreement.

1. Availability.

Subject to Customer’s compliance with the terms and conditions of the Agreement, AssemblyAI will use commercially reasonable efforts to make the Platform available to Customer for 99.9% of all Scheduled Availability Time in a given calendar month, calculated on a monthly basis (the “Service Level Guarantee”). “Scheduled Availability Time” shall be defined as 24 hours a day, 7 days a week, excluding downtime or performance issues resulting from (i) scheduled maintenance which AssemblyAI may perform from time to time after providing Customer with at least twenty-four (24) hours prior notice; (ii) maintenance which AssemblyAI performs from time to time during pre-defined maintenance windows in order to maintain the performance and stability of the Platform; (iii) acts of Customer or Customer’s equipment; (iv) third-party connections, services, or utilities; or (v) any other circumstance or situation caused by forces not within AssemblyAI’s control, including but not limited to a Force Majeure Event.

2. Remedy.

If AssemblyAI fails to meet the Service Level Guarantee in a given calendar month during the term of an applicable Order Form, and Customer is in compliance with all of its obligations under this SLA, the Agreement and the applicable Order Form, Customer may be eligible to receive a credit of one percent (1%) of Customer’s monthly invoice for the applicable Order Form, provided for each non-prorated hour that AssemblyAI does not provide the Platform in accordance with the Service Level Guarantee (a “Service Credit”), up to a maximum of ten (10) Service Credits in a given calendar month (i.e., up to a ten percent (10%) credit on a given invoice). Customer must expressly request Service Credits within ten (10) days following the end of the calendar month in which the failure occurred in order to receive them. If granted, Service Credits may be applied against outstanding Fees owed to AssemblyAI by Customer, but such Service Credits are not refundable to Customer. The Service Credit shall be AssemblyAI’s sole obligation, and Customer’s exclusive remedy, with respect to any failure by AssemblyAI to meet the Service Level Guarantee.‍

3. Maintenance and Support.

“Business Hours” shall mean those hours stated within the Support Home Site available at: http://support.assemblyai.com, unless otherwise specified herein or in an applicable Order Form. AssemblyAI will use good faith efforts to perform all of the maintenance described in Section 1 above outside of Business Hours. During Business Hours, AssemblyAI will make live technical support services available to Customer. Both during and outside of Business Hours, Customer may initiate a technical support ticket by contacting support as described on the support page available at: https://www.assemblyai.com/contact/support. During Business Hours, and in its sole discretion, AssemblyAI shall determine the applicable severity level for each technical support ticket and use commercially reasonable efforts to resolve each such as described on the support response page available at: http://support.assemblyai.com.

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