Service Level Agreement (SLA)
This Ethnio Service Level Agreement ("SLA") between Ethnio, Inc. (“Ethnio”, "us" or "we") and users of the Ethnio Services ("you") governs the provision of the Software Service by Ethnio to you pursuant to the Terms of Service (the "Terms").
1. Ethnio Commitment: 99.95%
Ethnio will maintain monthly uptime (“Availability”) of 99.95%, excluding scheduled downtime (of which Ethnio will give advance notice and which Ethnio will schedule during the weekend hours from 6:00 p.m. PT Friday to 3:00 a.m. PT Monday), not to exceed twenty-four (24) hours in any calendar month. Uptime can be verified independently at status.ethn.io which runs on a separate monitoring host.
1.1 Performance
Ethnio will maintain at least an average server response time for screeners, the main object in Ethnio, or 15ms or less. This time only shows how fast Ethnio servers process requests and give responses. Transfer time to and from user servers can differ depending on just about a million variables.
2. Website Response Measure
Minimum webpage / JavaScript connect time is less than 1.0 second 80% of the time, 2.0 seconds 90% of the time, and 4.0 seconds 100% of the time.
3. Failure to Achieve Availability Standards
If Availability falls below the above standard during any calendar month, Customer may elect to receive a credit from Ethnio against future license fees for any month in which Availability does not meet the standard, as liquidated damages and not as a penalty, an amount equal to fifteen percent (15%) of the license fees and payments due to Ethnio from Customer for that month. If Availability falls below the above standard for any three months during a six-month period, Customer may terminate the Agreement. This applies to license fees and no other types of fees.
3.1 Sole Remedy
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by Ethnio to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
4. Support
Ethnio will provide telephone assistance at (888) 879-7439 during regular business hours and 24 hours a day/7 days a week email assistance at help@ethn.io for general advice and technical support, as well as technical assistance and remediation for operational issues as further described below. Ethnio will also provide assistance to all participants and recipients of incentives on behalf of customer, if the customer wishes Ethnio to do so.
4.1 Response Table
| Severity | Ethnio Availability | Resolution Process | Initial Response Time |
|---|---|---|---|
| Level 1 | 24 Hours 7 Days a week | Ethnio will contact customer within the initial response time to clarify business impact and initiate resolution process | 2 Hours |
| Level 2 | 8am - 8pm PST | Ethnio will contact customer within the initial response time to clarify business impact and initiate resolution process | 4 Hours |
| Level 3 | 8am - 6pm PST | Ethnio will contact customer within the initial response time to clarify business impact and initiate resolution process | 6 Hours |
| Level 4 | 8am - 6pm PST | Ethnio will respond to Participants and Recipients of Incentives on behalf of customer within the initial response time. | 24 Hours |
5. Contingencies
Ethnio will, in accordance with industry best practice, maintain detailed and comprehensive contingency plans against events which could affect the ability of Ethnio to provide Support in accordance with this Exhibit, including, without limitation, loss of production, loss of systems, loss of equipment, industrial relations problems with Ethnio or Ethnio’s subcontractors’ personnel, failures in the supply chain, failure of carriers and the failure of Ethnio or its equipment, computer systems or business systems.
Additional Support
Ethnio will provide such additional technical assistance and remediation services to users as Ethnio may provide from time to time to its other users of the Software Service.