The SaaS Services will achieve System Availability (as defined below) of at least 99.9% during each calendar year of the Subscription Term. 

All other SaaS Services will achieve System Availability (as defined below) of at least 99% during each calendar year of the Subscription Term. “System Availability” means the number of minutes in a year that the key components of the SaaS Services are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance, (b) events of Force Majeure in the SaaS Agreement,
(c) malicious attacks on the system, (d) issues associated with the Customer’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of Customer or any Identity Cube user. QMSmart reserves the right to take the Service offline for scheduled maintenance for which Customer has been provided reasonable notice and QMSmart reserves the right to change its maintenance window upon prior notice to Customer.