QOHASH™ SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES (SLA)

4. CUSTOMER’S OBLIGATION

To enable identification and correction of Errors, the Customer is required to provide commercially reasonable assistance to Qohash’s Customer Success Manager until the Error is resolved. Required assistance may include, but is not limited to, the following: i) logging into the Customer’s systems for diagnosis of problems, ii) downloading and installing of Updates or Upgrades, iii) collecting and sending system logs/files from the Services to Qohash, iv) modification of the Services, v) re-installation of existing Services, and vi) assistance with installation of, and participating in, tests for Resolutions.

5. SERVICE LEVEL AGREEMENT

In addition to any performance specifications included in the documentation and the applicable Order Form, the Services shall operate in conformance with the terms set forth in this Service Level Agreement.

5.1. Availability. The Services shall be available 99%, measured monthly, excluding holidays and weekends and scheduled maintenance. If the Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Qohash’s control will also be excluded from any such calculation.

5.2. Remedy. The Customer’s sole and exclusive remedy, and Qohash’s entire liability, in connection with Services availability, shall be that for each period of downtime lasting longer than one (1) hour, Qohash will credit the Customer 5% of the Fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as the Customer (with notice to Qohash) recognizes that downtime is taking place, and continues until the availability of the Services is restored.

5.3. Procedure. In order to receive downtime credit, the Customer must notify Qohash in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Fees in any one (1) calendar month in any event. Qohash will only apply a credit to the month in which the incident occurred. Qohash’s blocking of data communications or other functionalities of the Services in accordance with its policies shall not be deemed to be a failure of Qohash to provide adequate service levels under this Agreement.

6. DEFINITIONS

When used in this Schedule A, capitalized terms and expressions have the corresponding meanings assigned to them hereinafter, and capitalized terms used in this Schedule, but not defined herein in the, have the meanings set forth in the MSA

6.1. “Business Hours” means 8 am to 5 pm (Eastern Time (EST)), Monday through Friday, other than any statutory holiday observed by Qohash.

6.2. “Email Support” means technical support email assistance provided by Qohash’s Customer Success Manager to the Customer’s technical support contact for submitting Tickets and troubleshooting Errors. The contact email for Support is as of the Effective Date: [email protected].

6.3. “Error” means any failure of the Services to operate in material conformance with the applicable documentation with the Severity Levels as set forth therein.

6.4. “Level One” Technical Support Services means: i) providing general product information, assisting with installation and configuration, ii) resolving known issues documented in Qohash’s documentation, and iii) collecting all relevant technical problem identification information, and answering all the Customer usage questions.

6.5. “Level Two” Technical Support Services means: i) completing Error isolation, Error replication, and identifying defects in Services specifications, ii) completing lab simulation and interoperability testing, iii) documenting Errors, iv) defining action plans, and v) analyzing logs and traces.

6.6. “Level Three” Technical Support Services means: i) diagnosing complex issues that are not already known to Qohash, ii) correcting Errors, iii) maintaining Services, and iv) providing support that requires knowledge of the source code via phone or internet.

6.7. Support Services” means the level of technical support, as described in Section 1.

6.8. “Resolution” shall mean a correction of an Error that restores the Services to full operation in conformance with documentation.

6.9. “Severity Level” means the four (4) levels of Error severity as set forth in Section 3.

6.10. “Technical Support Services” means the services for Error correction and delivery of Updates and Upgrades.

6.11. “Customer Success Manager” means a person at Qohash responsible for overseeing the evolution of a ticket.

6.12. “Temporary Solution” shall mean a temporary correction of an Error in order to restore the Services or the part thereof into operation.

6.13. “Ticket(s)” means the submission made by the Customer to Qohash for the reporting of an Error as further set forth in Section 2.

6.14. “Updates” means a generally-available release of a Service modification, which may be designated by means of a change in the digits to the right of the first decimal point in the Service version number (e.g. version 3.0 >> 3.1 or 3.0.1 or 3.0.0 Patch 1). Updates include the following:

6.14.1. Service Updates, which may include Error corrections; and

6.14.2. Content Updates, which may include for example: i) documentation – new standard use cases, rules, and models, ii) Tickets – new FAQs, and iii) Articles – new help content, or any other new material.

6.15. “Upgrades” means a generally available release of the Service that incorporates feature or function enhancements and extensions, which may be designated by means of a change in the digits to the left of the first decimal point in the Service version number (e.g. version 3.0 >> 4.0).