Avid AI Fulfillment Policy
Cancellation Policy
Either party, AVID Group, Inc., (“AVID”), or the Customer (“Customer”), may terminate the AVID AI SaaS Subscription Agreement (the “Agreement”) for cause if the other party materially breaches the Agreement and does not cure such breach within 30 days from receipt of written notice thereof. Early termination of the Agreement by the Customer for any other reason than a material uncured breach by AVID requires the payment of 25% of the remaining value of the Agreement by the Customer at the time of the early termination.
Refund Policy
In the event the Platform is not available to the Customer (“Customer”) for at least the cumulative minimum times described in the table below in any given month, then AVID Group, Inc., (“AVID”) will automatically provide a credit (measured as a percentage of the monthly fees, or a prorated portion corresponding to monthly fees for any fees paid in advance) to Customer as described in the table below.
| Availability Percentage (Uptime) | Credit |
|---|---|
| ≥ 99.95% | 0% |
| ≥ 99.5% but < 99.95% | 5% |
| ≥ 99% but < 99.5% | 10% |
| ≥ 95% but < 99% | 15% |
| ≥ 90% but < 95% | 50% |
| < 90% | 100% |
AVID will proactively monitor its performance against the aforementioned metrics and make a report available for Customer’s access via status.avidai.com. Performance will be monitored to include at least (a) prior month’s system availability percentage; (b) prior month’s maintenance/updates; (c) coming month’s maintenance/updates; and (d) any service level credits owed.
Notwithstanding the foregoing, AVID may take the Platform offline between the hours of 1:00am EST and 6:00am EST for no more than five (5) hours per month for routine maintenance, and such maintenance will not count against the availability calculation described above.