This BlueSuit Service Level Agreement (“SLA”) is a policy governing the use of the BlueSuit ExtractAPI gateway (“API”) under the terms of the Agreement. This SLA applies separately to each account using the API in production mode and defines the measurable performance levels for the API and specifies remedies available to Customer if BlueSuit fails to achieve these levels.

BlueSuit will use commercially reasonable efforts to provide the Services in accordance with the Service Level Commitments set forth below. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

1. Service Level Commitments

1.1 Availability

BlueSuit commits to make the API available with a Monthly Uptime Percentage of at least 99.99%, during any monthly billing cycle (the “Availability Commitment”).

Subject to the Exclusions, in the event that the BlueSuit API does not meet the Availability Commitment, Customer will be eligible to receive a Service Credit equal to 15% of Fees in the Sales Order Form impacted by the API’s Unavailable Time.

Example: If the BlueSuit API’s Unavailable Time impacted $10,000 in document processing, then, subject to the Exclusions, the Service Credit would be calculated as $10,000 x 15% = $1,500.

1.2 Automated Extraction Accuracy

BlueSuit uses proprietary technology to automate the extraction of data from documents (“Automated Extraction”). The accuracy of extracted data varies by document type and Data Field Group.

The accuracy of Data Field Groups are algorithmically evaluated and scored in real time (“AccuracyIQ”). AccuracyIQ indicates the Service’s level of confidence that the predicted results have an accuracy level equal to or better than a human performing the same work. AccuracyIQ marks each Data Field Group with a pass (“Pass”) or fail (“Fail”) score. Data Field Groups marked as Fail are handled in accordance with the Sales Order Form. Data Field Groups marked as Pass are charged fees in accordance with the Sales Order Form.

BlueSuit commits to the following Data Accuracy levels for Automated Extraction results with an AccuracyIQ score of Pass (the “Automated Extraction Accuracy Commitment”):

Document Type	Data Field Group	Data Accuracy
Property Deeds	Legal Description	98.5%
Full Title Search Package	Index & Classify	97.0%
Mortgages	All Data	96.8%
Property Deeds	Basic Property	96.7%
Offering Memo	Basic Financial Information	95.2%
M A N U A L    E X T R A C T I O N    B E N C H M A R K    –    9 5 %
Closing Disclosure	Overview	94.1%
Offering Memo	Basic Property	93.2%
Purchase & Sale Agreement	Basic	91.4%

Subject to the Exclusions, in the event that the BlueSuit API does not meet the Automated Extraction Accuracy Commitment, Customer will be eligible to receive a Service Credit equal to 200% of the fees in the Sales Order Form for the applicable Data Field Groups that failed to meet the Data Accuracy standard set forth above.

Example: If the BlueSuit API processes $10,000 in documents whereby the Automated Extraction Accuracy Commitment for Data Accuracy is 97% and the audited Data Accuracy is 94% then, subject to the Exclusions, the Service Credit would be calculated as $10,000 x (97% – 94%) x 200% = $600.

1.3 Manual Extraction Accuracy

BlueSuit may use humans such as employees or third-parties to manually extract data from documents (“Manual Extraction”). Services performed using Manual Extraction will be detailed in the Sales Order Form.

BlueSuit commits to the following data accuracy levels for Manual Extraction results (the “Manual Extraction Accuracy Commitment”):

Extraction Type	Data Accuracy
Manual	95%

Subject to the Exclusions, in the event that the BlueSuit API does not meet the Manual Extraction Accuracy Commitment, Customer will be eligible to receive a Service Credit equal to 150% of the fees in the Sales Order Form for the applicable Data Field Groups that failed to meet the Data Accuracy standard set forth above.

Example: If BlueSuit processes $10,000 in documents whereby the Manual Extraction Accuracy Commitment for Data Accuracy is 95% and the audited Data Accuracy is 90% then, subject to the Exclusions, the Service Credit would be calculated as $10,000 x (95% – 90%) x 150% = $700.

2. Definitions

2.1 “Unavailable Time” means the BlueSuit API is not available for use according to third party performance and monitoring services contracted by BlueSuit at its sole discretion (the “Monitoring Service”); provided that service issues or outages relating to any Exclusions shall not be deemed as Unavailable Time.

2.2 “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the BlueSuit API was in a state of “Unavailable Time” as identified by Monitoring Service

2.3 “Scheduled Maintenance” is maintenance taking place during the standard BlueSuit maintenance window. When Scheduled Maintenance involves more than 5 minutes of disruption, BlueSuit will provide, as a minimum, 10 days notice. All notices will be issued through https://bluesuit.statuspage.io/ and sent to all email addresses registered with Customers API key.

2.4 “Emergency Maintenance” means any time where BlueSuit must undertake other urgent maintenance activities necessary for purposes of maintaining the integrity or operation of the API. If Emergency Maintenance is required, BlueSuit will use https://bluesuit.statuspage.io/ to notify customers and provide the expected start time and the planned duration of the Emergency Maintenance.

2.5 “Data Field Group” is a combination of related data fields in a document that together form a unit.

2.6 “Data Accuracy” is the percentage of accurate data from a diverse statistically representative sample set. It is calculated by dividing (i) the number of Data Fields Groups with accurate key-value pairs by (ii) the total number of Data Field Groups.

2.7 “Service Credit” means the credit that Customer is eligible to request pursuant to Section 3 (Credit Request and Payment Procedures) of this SLA, calculated as set forth above, that BlueSuit may credit back to an eligible account.

2.8 “SLA Event” means any time BlueSuit fails to meet a Service Level Commitment and the Customer qualifies for a Service Credit under this SLA.

3. Credit Request and Payment Procedures

To apply for a Service Credit, Customer must submit a ticket via email to [email protected] within 30 days of the month in which the BlueSuit API failed to meet the Service Level Commitment. The ticket must include:

(i) “SLA Claim” as the subject of the ticket;

(ii) the email address associated with the BlueSuit API key;

(iii) the dates and times for the requested credit;

(iv) the Service Level Commitment(s) the API failed to achieve; and

(v) any applicable information that documents the claimed failure.

Any Service Credit will be applied to future amounts payable by Customer to BlueSuit for Services. Service Credits are not available in the form of refunds or cash value. Service Credits may not be transferred or applied to any other account. In the event of termination of the Agreement, unused or unapplied service credits are forfeited. In the event that one occurrence or set of circumstances gives rise to Service Credits under more than one (1) Service Level Commitment of this SLA, only the largest Service Credit shall be provided.

Notwithstanding the foregoing, the aggregate maximum number of Service Credits to be issued by BlueSuit to Customer for any failure to achieve the Service Level Commitment that occur in a single billing month shall not exceed 50% of the amount due by Customer for the use of the Service for the applicable month.

4. Exclusions

Notwithstanding anything to the contrary, no failure to meet the Service Level Commitment shall be deemed to have occurred with respect to any unavailability, suspension, or termination of the BlueSuit API, or any other BlueSuit API performance issues, that:

(i) are caused by factors outside of BlueSuit’s reasonable control, including, without limitation, any force majeure event, Internet access or related problems beyond the demarcation point of BlueSuit’s API or its direct hosting subcontractors (i.e beyond the point in the network where BlueSuit maintains access and control over the API);

(ii) results from any actions or inactions of Customer or any third party (except for BlueSuit’s agents and subcontractors);

(iii) results from any applications, equipment, software or other technology, add-on services, and/or third-party equipment, software or other technology not within BlueSuit’s direct control;

(iv) arise from BlueSuit’s suspension and termination of Customer’s right to use the BlueSuit Services in accordance with the Agreement;

(v) occurs during (a) BlueSuit’s Scheduled Maintenance window; or (b) Emergency Maintenance, regardless of the notice provided by BlueSuit;

(vi) is less than four (4) minutes and twenty-two (22) seconds of continuous unavailability in duration;

(vii) results from problems or issues identified as experimental, alpha, beta, in trial, not generally available, limited release, developer preview, or any similar APIs offered by BlueSuit; (collectively, the “Exclusions”).

5. Chronic Trouble

Customer may terminate Services for cause if Customer experiences “Chronic Trouble” for the Services in such Sales Order Form. Chronic Trouble means Customer has experienced an SLA Event with the same Service in three consecutive calendar months. Customer must give written notice of their intent to terminate the affected Services within 30 days of the SLA Event. Said termination will be Customer’s sole and exclusive remedy for the applicable Chronic Trouble. Said termination will take effect 30 days after Customer gives BlueSuit the termination notice.

6. Sole Remedy

Unless otherwise provided in the Agreement, BlueSuit’s sole and entire liability to Customer, and Customer’s sole and exclusive remedy for any unavailability, non-performance, or other failure by BlueSuit to provide the API Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

7. Updates BlueSuit reserves the right to change the terms of this SLA in accordance with the Agreement and may update this SLA from time to time. The then-current terms of this SLA are available at https://bluesuit.com/service-level-agreement