Service Level Agreement

1.1 Support Obligations. During the Term, the Provider will provide support relating to the Services to the Customer and its Users in accordance with this SLA (each request for support, a "Request").

1.2 Helpdesk Support. The Customer and its Users may submit Requests through the account within the Service, or as otherwise specified by the Provider, or by e-mailing the Provider at support@deployopal.com.

1.3 Support Hours. Subject to the response timetable below, support will be available between the hours of 9:00 am MST and 4:30 pm MST on each Business Day (each such hour, a "Business Hour"). After-hours support ("After Hours") is available from 4:30 pm MST to 9:00 pm MST on each Business Day and from 9:00 am MST to 4:30 pm MST on weekends.

1.4 Updates or Enhancements. During the Term, the Provider will supply to the Customer, at no extra charge, any improvements or modifications to the Service that the Provider generally makes available as a major release, minor release, and any essential updates, enhancements, and fixes ("Updates"). Additional configuration and training services can be purchased at an additional cost. If the Provider makes changes that add functionality or features not provided in any Update (an "Enhancement"), the Customer may purchase such Enhancement for an additional cost. Unless expressly specified otherwise in a writing signed by both parties, any Update or Enhancement will be governed by the terms of the Agreement and this SLA.

1.5 Additional Services. If at any time during the Term the Customer requires additional services not covered by this SLA or the Agreement – including assistance setting up or implementing the Service, importing Customer Data, completing data entry, or further training – the Provider, in its sole discretion, may provide such additional services for an additional cost.

1.6 Limitations on Support. The Provider's obligation to provide support is contingent upon proper use of the Service and full compliance with the Agreement and this SLA. The Provider has no obligation to provide support where support is required due to: (i) failure to operate the Service within any recommended system requirements; (ii) any modification or attempted modification of the Service by the Customer or any third party; or (iii) the Customer's failure to implement changes or upgrades recommended by the Provider.

2.1 Issue Response. The Provider will respond to Requests as follows (the Severity Level will be determined by the Provider in its reasonable discretion):

2.2 Deemed Response. The Provider is deemed to have responded if it has replied to a Request by email or telephone call to acknowledge receipt, provide a solution, or request further information.

2.3 Severity Escalation. The Customer may escalate the severity of a Request by notifying the Provider's support resources if there are extenuating circumstances that cause or could cause the support issue to have an adverse impact on the Customer's business. Escalation may be initiated by submitting or updating an e-mail with the word "escalate" in the subject line.

3.1 Uptime Commitment. The Provider will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage (as defined below) of at least 99.95% during any monthly billing cycle (the "Service Commitment"). "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the Service was unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion (as defined below). Subject to the SLA Exclusions, if the Provider does not meet the Service Commitment, the Customer will be eligible to receive a Service Credit. "Service Credit" means a credit denominated in US dollars, calculated as set forth below, that the Provider may credit back to an eligible account.

3.2 Service Credits Calculation. Service Credits are calculated as a percentage of the total Fees due on the Customer's invoice for the monthly billing cycle in which the unavailability occurred, applied proportionally to the Services that were unavailable:

• For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%: a Service Credit of 5% of the Fees attributable to the affected resources; and
• For Monthly Uptime Percentage less than 99.0%: a Service Credit of 10% of the Fees attributable to the affected resources.

3.3 The Provider will apply Service Credits only against future payments for the Services otherwise due. Service Credits do not entitle the Customer to any refund or other payment. Service Credits are issued only if the credit amount for the applicable monthly billing cycle is greater than five dollars ($5 USD), and may not be transferred or applied to any other account.

3.4 Credit Request and Payment Procedures. To receive a Service Credit, the Customer must submit a claim by emailing support@deployopal.com. To be eligible, the request must be received by the end of the second billing cycle after the incident occurred and must include: (a) the words "SLA Credit Request" in the subject line; (b) the dates and times of each unavailability incident claimed; (c) account information or other identifier provided by the Provider; and (d) logs that document the errors and corroborate the claimed outage (with confidential or sensitive information removed). If the Monthly Uptime Percentage of the request is confirmed by the Provider and is less than the Service Commitment, the Provider will issue the Service Credit within one billing cycle following the month in which the request is confirmed. Failure to provide the request and information as required will disqualify the Customer from receiving a Service Credit.

3.5 Sole Remedy. Unless otherwise provided in the Terms, the Customer's sole and exclusive remedy for any Service unavailability, non-performance, or other failure by the Provider to provide the Services is the receipt of a Service Credit (if eligible) in accordance with this SLA.

3.6 SLA Exclusions. In addition to the grounds outlined in Section 1.6, the Service Commitment does not apply to any Service unavailability that occurs due to or is associated with the following ("SLA Exclusions"):

• Results from a suspension or remedial action against the Customer or certain Users, as described in the Terms;
• Caused by factors outside of the Provider's reasonable control, including any force majeure event, internet access, electrical service, or problems beyond the demarcation point of the Provider's network;
• Results from any actions or inactions of the Customer, its Users, or any third party;
• Results from the equipment, software, or other technology of the Customer, its Users, or any third party (other than third-party equipment within the Provider's direct control); or
• Results from any maintenance or scheduled unavailability of the Service announced by the Provider prior to the Services becoming unavailable.

3.7 Discretionary Service Credits. If Service availability is impacted by factors other than those used in the Monthly Uptime Percentage calculation, the Provider may issue a Service Credit considering such factors as determined at its sole discretion.

3.8 Questions. If you have any questions regarding this SLA, please contact: