CHIRPLABS SERVICE LEVEL AGREEMENT

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Service Level Agreement

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This Service Level Agreement (this “SLA”) sets out the agreed service levels, incident response and resolution times for the Services.

AGREED PROVISIONS

  1. Definitions and Interpretation

Words and phrases defined in the Reseller Agreement to which this SLA is attached (the “Agreement”) apply in this SLA together with the following:

“Availability” Means accessibility of the Services by the End User Customer, measured on a calendar-yearly basis and calculated by subtracting from one hundred percent (100%) the percentage of minutes of Downtime during the year, not including Planned Maintenance.
“Business Hours” Means the normal business hours of the party responsible for the Support Services at issue.
“Business Day” Means any day other than a Saturday, Sunday, bank or public holiday in the United States.
“Critical” Means Services necessary for the core functionality of the Service as specified in Section 2.

“Downtime”

 

Means each minute or portion thereof in which there is no access by the Reseller and End User Customer to the Services.
“End User Customer” Means an end user customer in the Territory.
“Incident” Means an operational occurrence in the Product that degrades the Availability and that is validated by myDevices as a degradation of the Services.
“Non-Critical” Means Services not necessary for core functionality of the Services as specified in Section 2.
“Planned Maintenance”­­ Means a prescheduled period of system maintenance during which there is no Availability to the Services or significant component thereof, including for upgrades, patches, version updates and infrastructure maintenance.
“Response” Means a response to an Support Request.
“Response Time” Means the time that it takes for the Party providing Support Services to provide its first Response.
“Restoration” Means the implementation of a solution that restores performance and functionality in response to an Incident, such that the Incident cannot be replicated with the expenditure of a reasonable amount of effort.
“Restoration Time” Means the time that it takes for the Party providing Support Services to provide a Restoration.

“Services”

 

Means the services provided by myDevices as implicated by the Agreement, including the myDevices Reseller/End User Mobile App, Web Dashboard and Backend Cloud services.
“Support Request” Means any request submitted by an End User Customer for support in relation to any aspect of the Services, including of an Incident;
“Support Services” Means the process of providing help and assistance to an End User Customer and/or Reseller, as applicable, and comprises the Tier 1, Tier 2 and Tier 3 Support Services.
“Tier 1 Service Support” Means liaising directly with End User Customers in answering or responding to Support Requests in relation to the Services.
“Tier 2 Service Support” Means: (i) categorization of Incidents reported or identified in Support Requests, (ii) attempted Restoration of such Incidents, and (iii) follow-up calls to End User Customers for one-on-one assistance to solve such Incidents.
“Tier 3 Service Support” Means support for difficult and advanced issues raised by Incidents that cannot be solved by Tier 1 and Tier 2 Support.

TIER 1 SERVICE SUPPORT AND 2 SERVICE SUPPORT

  • Reseller will provide and manage Tier 1 Service Support and Tier 2 Service Support through its normal and established customer-support facilities.
  • Reseller will use reasonable efforts to resolve Incidents that require Tier 1 Service Support and Tier 2 Service Support and will escalate Incidents to Tier 3 Service Support only when it is unable, despite such reasonable efforts, to resolve such Incidents.
  • For all Incidents that an Reseller and End User Customer are unable to resolve through the use of Tier 1 Service Support and Tier 2 Service Support, the Reseller and/or End User Customer can request support directly from myDevices by submitting a request https://iotinabox.zendesk.com/hc/en-us/requests/new

TIER 3 SERVICE SUPPORT

  • For myDevices will provide and manage Tier 3 Service Support through its normal and established customer-support facilities.
  • myDevices will use reasonable efforts to resolve Incidents that require Tier 3 Service Support.
  1. Service Tiers
Service Tier
Cloud Services Critical
Account Signup and Signin Critical
Data History Critical
SMS/Email Notifications Critical
Daily Reports Critical
Features Non-Critical
  1. Support Commitment
    • myDevices provides access to the Services on a 24×7 basis at a yearly Availability of 99% (“Services Uptime Metric”).
    • Reseller will use reasonable efforts to provide Tier 1 Service Support and Tier 2 Service Support based on the Tier and its applicable Response Time set forth below.
    • myDevices will use reasonable efforts to provide Tier 3 Service Support, and support for Incidents that an End User Customer is unable to resolve through the use of Tier 1 Service Support and Tier 2 Service Support for which such End User Customer requests support directly from myDevices by submitting a request at https://iotinabox.zendesk.com/hc/en-us/requests/new, based on the Tier and its applicable Response Time set forth below.

 

Tier Response Time Restoration Time
Critical

Within one (1) hour of the Support Request, if the Support Request is during Business Hours;

 

Within twelve (12) hours of the Support Request, if the Support Request is not during Business Hours

Within one (1) Business Day of the Support Request.
Non-Critical Within twelve (12) hours of the Support Request. Within seven (7) Business Days of the Support Request.

 

  • All periods of time specified in the table above will be measured by way of actual time elapsed. The Parties each agree to cooperate with one another, including by way of the exchange of information detailing Incidents and related issues that may affect Support Services.
  1. Change Management
    • The Parties will each use commercially reasonable efforts to adhere to the following procedures in respect of any periods of Planned Maintenance.
    • myDevices will use a continuous deployment model for updating the Services. Due to the frequency of updates in a continuous deployment model, no notice will be given. myDevices will undertake testing both pre-implementation and post-implementation.
    • Planned Maintenance may be necessary to enable myDevices to carry out maintenance in relation to the Services. myDevices will use commercially reasonable efforts to keep Planned Maintenance to a minimum and notify Reseller in advance if it is anticipated that Planned Maintenance will last longer than one (1) hour, including:
  • Summary of the maintenance, upgrade and/or enhancement to be undertaken during the Planned Maintenance;
  • Estimated start time and end time of the Planned Maintenance;
  • The anticipated impact that the End User Customer is likely to see during and after the Planned Maintenance;
  • The actions of the Reseller and/or End User Customers that are required during the Planned Maintenance, if any; and
  • The geographic details of the Planned Maintenance, if any.

5.   Boundaries and Exclusions

The Services Uptime Metric will not be affected by performance issues caused by:

  • Reseller and/or End User Customer equipment or third-party computer hardware, software, or network infrastructure not within the sole control of myDevices, including:
  • Unavailability of AWS hosting services;
  • Unavailability of third-party cloud service integrations;
  • Unavailability of third-party SMS and Email notification services;
  • Unavailability of LoRa network; and
  • Outdated operating systems, internet browsers, phones and tablets that are not supported.
  • Planned Maintenance.

6.   Service Credits

If myDevices fails to meet any service level set forth in this SLA for two (2) months in any successive twelve (12) month period, Reseller will be entitled, as its sole and exclusive remedy, to a service credit of one (1) full month’s fees for the service at issue for the End User Customer accounts that suffered a material adverse effect as a result of such failure.  Such credit will be applied to Reseller’s account in the billing/payment period after the second of the two (2) months in which the service level was not met.

 

7.   Security and Backups

  • myDevices will create daily backups of critical (meta) data, including all data found in IoT in a Box for Customer End Users, gateways, devices, alerts, report, sensor maps, companies and locations.

 

  • myDevices will use encrypted communication from endpoints to gateway to cloud.

 

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