The following sets forth the service level availability related to Trend Micro Apex One™ as a Service (the “Service”) only and is not applicable to any other Trend Micro product or service.
1 — Service Availability
1.1 The Service is hosted twenty-four (24) hours a day, seven (7) days a week, 365 days a year in Microsoft Azure’s data centers. The Service systems, network, and capacity are continually monitored to provide optimal availability and efficiency. The target availability is 99.9% in each calendar month.
1.2 Measurement and determination of Service Availability will be based on alerts from web and product logs recorded through the Trend Micro network monitoring system.
1.3 Scheduled Maintenance of the Service must occur periodically to ensure on-going efficiency. Trend Micro shall endeavor to provide Company with one (1) to two (2) weeks prior notification for Scheduled Maintenance. Whenever possible, Scheduled Maintenance will be conducted during periods of anticipated low usage and will be conducted on part, not all, of the network at any one time to minimize the disruption to the Service. Within any Scheduled Maintenance window Trend Micro can announce further extension of the outage period before 30 minutes of the end of the Scheduled Maintenance. An extension cannot exceed the maintenance time by more than 8 hours or double the planned maintenance time unless a need for Emergency Maintenance arises.
1.4 Because of the exigent nature of Emergency Maintenance, in certain instances, it may not be possible to provide any advance notice to the Company. However, if reasonable, Trend Micro will endeavor to provide Company with some advance notice.
2 — Definitions
“Emergency Maintenance” means unscheduled maintenance periods during which the Service may be disrupted or prevented due to non-availability or any maintenance for which Trend Micro could not have reasonably prepared for the need for such maintenance, and failure to perform the maintenance would adversely impact Company.
“Scheduled Maintenance” means periods of downtime related to network, hardware, or Service maintenance or upgrades. Trend Micro will publish notice or notify Company one (1) to two (2) weeks prior to the commencement of each Scheduled Maintenance.