The Art of Education University (“AOEU”, “we”, “us” and/or “our”) will use commercially reasonable efforts to make the AOEU website at https://theartofeducation.edu/ including its FLEX and PRO and other product services (“Services”) available at least 99.9% of the time, excluding any Scheduled Downtime or Unscheduled Downtime events, each as defined below (“Services Level”). The Services availability will be calculated by dividing the total number of minutes of uptime in the Services during an applicable calendar month by the total number of actual minutes in such month minus minutes of Scheduled Downtime and minus minutes of Excused Downtime, and then multiplying that amount by 100 (“Uptime”).

We reserve the following days and times for regular maintenance:

If we must schedule maintenance outside of those days and times, we will use reasonable efforts to provide you with a minimum of seven (7) days’ advance notice for all scheduled downtime to perform system maintenance, backup and upgrade functions for the Services (the “Scheduled Downtime”) if the Services will be unavailable due to the performance of system maintenance, backup and upgrade functions. Scheduled Downtime will not exceed eight (8) hours per month and will be scheduled in advance during off-peak hours (after 5pm Eastern time). We will notify you via email of any Scheduled Downtime that will exceed two (2) hours.

The duration of Scheduled Downtime is measured as the amount of elapsed time from when the Services are not available to perform operations to when the Services becomes available to perform operations. Scheduled Downtime is measured in minutes. Daily system logs will be used to track Scheduled Downtime and any other Services outages.

Unscheduled Downtime is defined as any time outside of the Scheduled Downtime when the Services are not available to perform operations, excluding “Excused Downtime”.

Excused Downtime includes any outages caused by the failure of any third-party vendor, the Internet in general, factors outside of our reasonable control, outages that resulted from your software or hardware or third party software or hardware, or both or any force majeure event. The measurement is in minutes.