The service levels applicable to Hubble’s network services (the “Hubble Services”) are as set forth in this Service Level Agreement (this “Hubble SLA”).

References to “Hubble” mean Hubble Network Inc., and “Customer” mean the customer identified in the applicable master services or other agreement between Hubble and such customer. Depending on the Hubble Services actually ordered by Customer from Hubble, certain service levels below may not be applicable to a particular Customer.

Definitions‍
For the purposes of this Hubble SLA, the following terms shall have the meanings set forth below:‍
“Downtime” means the total accumulated minutes during which the Hubble Services are not Operational as further described below.

“Response Time” means the time taken for Hubble to acknowledge and begin addressing a support issue reported to Hubble in accordance with this Hubble SLA.

“Service Availability” means the percentage of time that the Hubble Services are Operational (as defined below) and accessible to customers as measured on an aggregate basis across all customers in a calendar month.

“Service Performance” means the degree to which the Hubble Services operate within the performance thresholds (as defined below), as measured on an aggregate basis across all customers during a calendar month.

“Scheduled Maintenance” means the planned outages for maintenance, upgrades, or repairs, which will typically be published or communicated to customers in advance as provided below, unless relating to an emergency or critically urgent event.

Service Performance & Availability

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Hubble shall use commercially reasonable efforts to ensure that the Hubble Services remain Operational and meet the following performance & availability objectives on a monthly basis, measured globally across all customers.‍
For purposes of measuring Service Performance, the Hubble Services shall be deemed “Operational” in a given calendar month when both of the following conditions are met:

• 99.0% or more of satellite packets are delivered in less than or equal to 6 hours

• 99.9% or more of terrestrial network packets are delivered in less than or equal to 5 minutes

For purposes of measuring Service Availability, the Hubble Services will be deemed “Operational” in a given calendar month when, for at least 99.5% of total minutes in that month, the following condition is met:

• the API Success Rate (as defined below) is greater than or equal to 90%

The “API Success Rate” is: (Successes / Successes + Errors) X 100. Each minute in which the API Success Rate falls below the performance threshold shall be counted as Downtime and applied against the monthly Service Availability target of 99.5%. “API” means Hubble’s application program interface relating to the Hubble Services. Success and errors are determined based on whether the API functions successfully or fails due to an error in the API.

Scheduled Maintenance

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Scheduled Maintenance will typically occur outside of 9 am ET to 6 pm PT, and be published or communicated to customers at least seventy-two (72) hours in advance, unless relating to an emergency or critically urgent event. Emergency or critical maintenance events may occur with less or no notice or occur at any time, as and if reasonably appropriate based on the circumstances.

Support and Issue Response

Hubble shall provide support for issues related to the Hubble Services as follows:

• Support Hours: 9 am PT to 6 pm PT each Hubble business day (unless otherwise agreed by Hubble)

• Support Channels: Email and online form per Hubble’s then current policies

Hubble shall use commercially reasonable efforts to adhere to the following Response Time targets during support hours:

• Critical Issues: Issues causing a complete loss of service.
  
  

  • Response Time: four (4) hours.

  • Update Frequency Time: Every two (2) hours.

• High Issues: Issues causing significant impact on service performance.
  
  

  • Response Time: four (4) hours.

  • Update Frequency Twice daily

• Medium Issues: Issues causing moderate impact on service performance.
  
  

  • Response Time: four (4) hours.

  • Update Frequency Time: Every 2-3 days

• Low Issues: Issues causing minimal impact on service performance.
  
  

  • Response Time: four (4) hours.

  • Update Frequency Time: Weekly or as-needed.

Monitoring and Reporting

Hubble shall provide Customer, following Customer’s reasonable request, with a monthly report detailing Service Performance, Service Availability, Downtime, and performance against Response Time targets. Customer acknowledges and agrees that reports and measurements may be aggregated. Customer’s master service or other agreement with Hubble may include additional procedures, obligations, rights, and remedies, if any, as applicable to the Customer’s specific Hubble Services.

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Notwithstanding anything to the contrary, events, delays, or failures relating to (i) force majeure events; (ii) failures or delays of telecommunications, satellite operators, or other third-party networks or services on which Hubble reasonably depends to deliver the Hubble Services; (iii) internet service disruptions generally affecting the industry; (iv) public utility power outages; or (v) any other events excused under the Customer’s agreement with Hubble or otherwise outside of Hubble’s reasonable control, will be excluded from Hubble SLA calculations and obligations.

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Hubble may periodically change these Hubble SLAs based on analysis and changes in and to the Hubble Services and related networks, satellite constellations, technology, and other factors. Hubble will endeavor to provide at least 30 days’ notice (which may include email or a posting on its website or a dashboard) of any material change. Customer is solely responsible for service levels and support relating to its end customers.