Standard Service Level Agreement (SLA)

1. Definitions

“Emergency Maintenance” means maintenance that is performed by Ontic due to a major issue impacting the Services outside of the Scheduled Maintenance Window.

“Scheduled Maintenance Window” means the designated time periods during which Ontic may limit or suspend access to the Platform so that planned maintenance may be performed, generally between 12:00 a.m. and 6:00 a.m. Central time.

“Scheduled Maintenance” means Platform maintenance that is performed by Ontic during a Scheduled Maintenance Window, or when Ontic has provided at least 12 hours advance notice using e-mail, in app (or another method) to Client specifying the nature and anticipated impact upon the Platform.

2. Support

2.1 E-mail Support
Ontic e-mail support is available 24 x 7 x 365 at support@ontic.ai.

2.2 Live Phone Support
Phone support is available 9:00a.m.– 5:00p.m. (Central time) Monday-Friday at 512-572-7400.

2.3 In-App Support
Support is available within the Ontic Platform via the “Help” icon.

3. Service Performance

3.1 Availability of the Platform
Ontic shall provide 99.95% Platform uptime, measured each calendar month (“Uptime”) The following are excluded for purposes of computing Uptime: (i) Scheduled Maintenance or Emergency Maintenance; (ii) unavailability caused by acts or omissions of Client or its agents; (iii) unavailability caused by network unavailability or bandwidth limitations outside of the Ontic network; (iv) issues arising from problems in the software, firmware or hardware of Ontic’s third-party data suppliers; (v) hacks, Malicious Code, disabling devices, DDoS attacks and other forms of attacks that disrupt access to the Platform; (vi) power outages or other telecommunications or Internet failures; and/or (vii) any Force Majeure Event (collectively, “Permitted Downtime”). Any other time where the Platform is unavailable is “Downtime”.

The Platform Uptime for a given calendar month (subject to any Permitted Downtime) will be calculated on a monthly basis as follows: Where: Total minutes in the month= TMM; Total minutes in month Unavailable (excluding Permitted Downtime) = TMU; and: Uptime = (TMM-TMU) x 100/TMM. Ontic’s records and data will be the sole basis for all SLA calculations and determinations.

For example, assume the Platform had 6 minutes unavailable in June (TMM = 43,200), excluding 8 minutes Permitted Downtime. 43,200 minus 6 equals 43,194 multiplied by 100 divided by 43,200 = 99.986% Uptime

3.2 Service Level Credits
Client will notify Ontic in writing of non-compliance with the service levels set forth in this SLA. If the Platform does not meet the Uptime requirement during any calendar month and Client has notified Ontic, then Client, as its sole and exclusive remedy for breach of this SLA, will be entitled to receive a credit (“Service Credit”). The Service Credit will apply to Fees and will be based on Downtime minutes. Client will receive two minutes for each minute of Downtime as a Service Credit, based on then current annual Fees paid for the Services. The Service Credit will be applied to the Platform Fees for the next renewal period under this Agreement. Client must notify Ontic in writing within thirty (30) days from the time Client becomes eligible to receive a Service Credit. Failure to comply with this requirement will result in a forfeiture of the right to receive the Service Credit.

3.3 Maintenance
Ontic will use commercially reasonable efforts to minimize the impact for Clients using the Platform by typically utilizing only one or two Scheduled Maintenance Windows per month and performing operations to minimize Client impact. Ontic reserves the right to perform any required Emergency Maintenance work outside of the Scheduled Maintenance Window and will use commercially reasonable efforts to notify Client as soon as reasonably possible upon identifying the required emergency work via email or phone call to the Client’s System Administrator before commencing any Emergency Maintenance outside of the Scheduled Maintenance Window.