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. Remediation
The remediation process outlined herein is designed to address and resolve operational issues encountered by the Customer or Third Parties (Participants and Recipients of Incentives) in a structured and efficient manner. Ethnio commits to adhering to the stipulated response and resolution protocols below.
- Incident Ticket: The Customer or Ethnio's monitoring systems shall identify and create a ticket for the incident. Ticket Analysis: A support team will be assigned to investigate and analyze the ticket to determine the root cause and the extent of the issue. Communication: Ethnio will contact the Customer or Third Party to discuss the incident, clarify any additional information if needed. Regular updates will be provided until the issue is resolved. Resolution Implementation: Ethnio will assign internal resources to implement the necessary remedial actions to resolve the ticket. Testing will be conducted to ensure that the issue has been adequately resolved and that the system is functioning correctly. Resolution Notification: The Customer or Third Party will be notified that the issue has been resolved and asked to provide follow-up notifications if it’s not resolved to their satisfaction. Option to Escalate to Customer for Third Party Issues: If Customer requests, Ethnio can escalate issues with Third Parties to the Customer for further remediation. Ticket Closure: Once the resolution is verified, the ticket will be closed. Feedback and Improvement: Feedback will be solicited from the Customer or Third Party to evaluate the effectiveness of the remediation process.Insights gained from the remediation process will be used for continuous improvement to enhance service delivery and prevent future incidents.
This structured remediation process is designed to ensure a coordinated and effective response to operational issues, fostering a reliable and collaborative business relationship between Ethnio and the Customer.
6. 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.
7. Notifications
Ethnio is committed to maintaining a transparent and open line of communication with our Customers. As part of this commitment, we offer direct notification to Customers who wish to stay informed about any issues or complaints raised by Third Parties interacting with our services on their behalf.
7.1.Opt-In for Notifications: Customers have the option to opt-in for notifications regarding any issues or complaints from Third Parties. The opt-in process can be completed by sending a request to help@ethn.io requesting to receive notifications.
7.2.Real-Time Alerts: Upon opting in, Customers will receive real-time alerts about any issues or complaints from Third Parties as they arise. Notifications will include the Ethnio Help or Rewards team CCing any desired email that customer provides.
8. 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.