EXCLUSIONS

InMoment will not be responsible for failure to achieve the SLA to the extent resulting from:

1. Issues in your environment affecting connectivity or interfering with the Services, including without limitation, your telecommunications connection or any of your other software or equipment (including outdated browsers and mobile devices), your firewall software, hardware or security settings, your configuration of anti-virus software or anti-spyware or malware software, or your operator errors;
2. any third party software, hardware, or telecommunication failures, including internet slow-downs or failures;
3. any event beyond the reasonable control of InMoment, including without limitation, fire, explosion, unavailability of utilities or raw materials, internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, act of God, quarantines, pandemic, export control regulation, laws, judgments or government instructions;
4. issues related to third party domain name system (DNS) errors or failures;
5. scheduled maintenance of the Service, conducted on a regular basis during non-peak hours; and
6. emergency maintenance of the Service.