Service Level Agreement

Service Level Agreement: Version 202320.1

1. OVERVIEW

The Service Level Agreement (“SLA”) Metrics for the following operational metrics are mutually agreed upon between CataBoom and Customer (“The Parties”) and are used for day-to-day operation management of the services and reporting. By using or visiting the Services, you your Users accept and agree to be bound by (1) the CataBoom MSA, (2) all Sales Orders which are incorporated herein by reference and (3) our PrivacyPolicy, found at www.cataboom.com/privacy-policy/ (the “Privacy Policy”) which is incorporated herein by reference (collectively referred to as the “Agreement”). The Parties agree that SLAs in conjunction with the Agreement will constitute a formal SLA between Customer and CataBoom, and the performance of CataBoom will be benchmarked against the same.

2. SaaS SUPPORT

CATABOOM shall provide SaaS maintenance and support services for any licensed use of its SaaS platform.

‍2.1 DEFINITIONS. The following definitions apply:

“SaaS Services” means the collective set of capabilities that are provided by CataBoom over the Internet to customer under an executed, right-to-use contract, including CataBoom's core platform and integrated 3rd party services (excluding Customer systems) that are integral in delivering the capabilities.

“SaaS Error” means a failure of any SaaS Service to be available or otherwise perform in accordance with the Terms of Service or as specified in an executed agreement.

"SaaS Support" means the services provided by CataBoom related to the delivery and support of the SaaS Services (see Section 3.2).

"Service Level Failure" means a failure by CataBoom to perform SaaS Support at or above the SaaS Support Level Requirements.

“Support Request” means submission of an issue or inquiry by Customer to CataBoom via a CataBoom-provided ticketing system and has the classification and meaning specified the table below, covering Low, Medium, High, and Critical issues determined by service impact.

“Response” (including “Respond,” “Responded,” and correlative capitalized terms) means an acknowledgement by CataBoom to Customer of the receipt of a Support Request.

"Work Around" to any SaaS Error means CataBoom has provided Customer a viable temporary resolution for the reported SaaS Error and Customer has confirmed receipt of such temporary resolution.

"Resolution" (including "Resolve," "Resolved," and correlative capitalized terms) to any SaaS Error means CataBoom has provided Customer a permanent resolution for the reported SaaS Error and Customer has confirmed receipt of such permanent resolution, with subsequent acceptance thereof.

2.2 SaaS SUPPORT RESPONSIBILITIES.

The responsibilities associated with the SaaS Support include:

- SaaS platform monitoring and management

-Backup and recovery services

- Correct SaaS Errors including defect repair, programming corrections, and corrective configuration adjustments

-Provide online access to technical support bulletins and other user support information and forums

- Provide telephone support during CataBoom business hours of 8 a.m. to 6 p.m. (Central Time Zone, USA) on CataBoom designated Business Days, if such telephone support is provided for under Customer's executed SaaS platform license terms

- Respond and Resolve Support Requests as specified herein.

2.3 CUSTOMER RESPONSIBILITIES.

Customer will provide CataBoom accurate and timely information about, and use reasonable efforts to assist CataBoom to identify the cause of and resolve, any support issue raised by Customer regarding the SaaS Services.

2.4 SERVICE MONITORING AND MANAGEMENT

CATABOOM shall monitor and manage the SaaS Services on a 24 x 7 basis to ensure Availability that meets or exceeds the Availability Requirement.

If such monitoring identifies, or CataBoom otherwise becomes aware of, any circumstance reasonably likely to negatively impact the Availability of the SaaS Services, CataBoom shall take, to the extent possible, reasonable corrective measures to eliminate such threat.

If CataBoom receives knowledge or notice that the SaaS Services are not Available, CataBoom shall perform a direct check of the associated facility or facilities to verify the status of the SaaS Services.

a. If CataBoom confirms the SaaS Service is not Available in whole or in part, CataBoom shall notify Customer pursuant to procedures set forth herein or in an applicable Service Order that an outage has occurred, and will provide such details as may be available, including reference to a CataBoom trouble ticket number (if appropriate) and the time of the outage.

b. CataBoom will work to restore SaaS Services Availability until Resolved in accordance with the Service Request Classification set forth below in Section 2.6.2, or, if determined to be an Internet provider or platform vendor problem, open a trouble ticket with the applicable Internet provider or platform vendor.

c. Once resolved, CataBoom will notify Customer that the SaaS Service outage has been Resolved and will include any pertinent findings or action(s) taken to Resolve the issue.

2.5 SaaS MANAGEMENT.

CataBoom shall continuously maintain the SaaS Services to ensure Availability that meets or exceeds the Availability Requirement. Such maintenance shall include providing Customer and its Authorized Users all updates, bug fixes, enhancements, new releases, new versions, and other improvements to the SaaS Services that Provider provides at no additional charge to other customers of equivalent commercial status.

2.6 SaaS SUPPORT LEVEL REQUIREMENTS.

Provider shall respond to and Resolve all Support Requests in accordance with the following requirements.

2.6.1 SUPPORT REQUESTS.

The Customer designated contact shall notify CataBoom of each new Support Requests by trouble ticket, email, telephone, or such other means as The Parties may hereafter agree to in writing.

Customer shall classify each Support Request in accordance with the descriptions set forth in Section 2.5.2 below.

2.6.2 RESPONSE AND RESOLUTION TIME SERVICE LEVELS.

CataBoom shall Respond to and Resolve each Customer Support Request in accordance with the Support Request Classification designated in the Support Request:

a. Initial Response Time will be measured as the duration of time between when Customer first issues a Support Request to CataBoom, and the time CataBoom acknowledges receipt of such Support Request.

b. Work Around Time will be measured as the duration of time between when Customer issues a Support Request until the time CataBoom has provided a viable temporary resolution to such Support Request.

c. Resolution Time will be measured as the duration of time between when Customer issues a Support Request until the time CataBoom has provided a working Resolution to such Support Request.

Support Request Classification

Severity 1 (Critical) - SaaS system is not Available or accessible (widespread access interruptions that prevent use of the SaaS Services), is functioning in a manner putting data integrity of the SaaS system at risk, or is performing in a manner that could cause material financial impact.
Initial Response Time: 1 Hour
Workaround Time: 4 Hour
Resolution Time: 24 Hours

Severity 2 (High) - SaaS Services are operating but the utilization of one or more production functions is failing or is materially impairing its performance.
Initial Response Time: 1 Hour
Workaround Time: 12 Hour
Resolution Time: 72 Hours

Severity 3 (Medium) - SaaS Services are operating but with minor issues, including degradation to non-primary system functions or issues that affect a limited set of end users.
Initial Response Time: 24 Hour
Workaround Time: 5 Days
Resolution Time: 20 Days

Severity 4 (Low) - Requests for general assistance, information, or other services that are routine in nature.
Initial Response Time: 2 Business Days
Workaround Time: Dependent on request
Resolution Time: Dependent on request

2.6.3 ESCALATION

With respect to Severity 1 (Critical) SaaS Error Support Requests, unless otherwise resolved, CataBoom shall escalate each instance to CataBoom management and engineering personnel within 1 Hour of receipt or discovery.

2.7 CORRECTIVE ACTION PLAN.

If two (2) or more Critical SaaS Errors occur within a consecutive 30-day period, CataBoom shall investigate the root cause(s) of the Critical SaaS Errors and provide Customer access to a root cause analysis and proposed corrective action plan(s) within five (5) Business Days of the second Critical SaaS Error being identified. If designated for Customer's tier level or in an executed agreement, the root cause analysis and corrective action plan will be provided for review and comment.

As part of any corrective action plan, CataBoom will:

- commit to devote the appropriate time, access to skilled personnel, and the necessary systems support, equipment, and related resources necessary to Resolve and reasonably prevent further occurrences of the associated Critical SaaS Error

- include a strategy for developing any programming, software updates, fixes, patches, or similar, necessary to remedy and prevent further occurrences of the Critical SaaS Error

- identify time frames for implementing the corrective action plan. No charge will be made for CataBoom's preparation or implementation of the corrective action plan in the time frames and manner set forth therein.

3 SaaS SERVICE AVAILABILITY.

3.1 DEFINITIONS

"Available" or “Availability” means the SaaS Services are available and operable for access and use by Customer and its authorized users over the Internet in material conformity with the Specifications.

“Downtime” is the aggregate number of minutes the SaaS Services are not Available during a given Reporting Month for reasons other than allowed Exceptions.

"Monthly Uptime Percentage" means the percentage of time calculated by the formula:

( (Service Period – Downtime) / Service Period ).

“Reporting Month” means each calendar month during Customer's service term as specified in a valid service order.

"Service Period" means the total number of minutes during a given Reporting Month.

3.2 SaaS SERVICE AVAILABILITY.

3.2.1 AVAILABILITY REQUIREMENT.

Other than for Exceptions noted in Section 3.2.2, CataBoom shall make its SaaS Services Available to Customer and its authorized users at least 99.7% of the time per Service Period.

3.2.2 EXCEPTIONS

No period of SaaS Service degradation or inoperability will be included in calculating Availability to the extent that such downtime or degradation is due to any of the following ("Exceptions"):

1. Misuse of the SaaS Services by Customer or any of its authorized users

2. Internet connectivity issues related to Customer or any of its authorized users

3. Issues related to hardware or software used by Customer or any of its authorized users that fail to support or interfere with the execution of the SaaS Services

4. Factors outside of CataBoom’s reasonable control, including general Internet or network problems arising in or from networks not provided or controlled by CataBoom

5. Scheduled Downtime (see definition in Section 3.3.)

3.3 SCHEDULED DOWNTIME.

CataBoom shall notify Customer at least 24 hours in advance of all scheduled outages of the SaaS Services in whole or in part for regular maintenance and support ("Scheduled Downtime").

Unless otherwise communicated and approved in advance by Customer (approval may not be unreasonably withheld or delayed), all such scheduled outages shall:

- last no longer than one hour

- be scheduled between the hours of 8 a.m. and 9 a.m., Central Time Zone, USA

- occur no more frequently than once per week.

‍ 3.4 SERVICE AVAILABILITY REPORTS.

Within 30 days after the end of each Service Period, upon request CataBoom can provide to Customer access to a report describing the Availability and high-level performance of the SaaS Services over the Service Period and calendar year-to-date.

The report shall be provided in electronic format and shall include:

- the actual performance of the SaaS Services relative to the Availability Requirement

- if SaaS Service performance has failed in any respect to meet or exceed the Availability Requirement or Specifications during the reporting period, a description in sufficient detail to inform Customer of the cause of such failure and the corrective actions the CataBoom has taken and will take to ensure that the Availability Requirement and Specifications are fully met.

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Service Level Agreement: Version 202320.1