Service Level Agreement

    1. Overview

    1.1 Terms of Service

    All terms set forth herein, including, but not limited to, capitalized reference terms, are governed and controlled by the terms of a master services agreement [“MSA”] by and between K4Connect, Inc. [“K4Connect”] and the customer named therein [“Customer”]

    1.2 Purpose

    The purpose of this Service Level Agreement [the “SLA”] is to ensure that proper mechanisms are in place to provide high quality service and support to the Customers and Users of K4Connect’s Software-as-a-Service [hereinafter, “SaaS”] suite of Services [referred to collectively as the “K4Connect Platform©”].

    This SLA provides:

    • A description of the service levels to be provided by K4Connect to Customers purchasing any component of the K4Connect Platform pursuant to an MSA;
    • The responsibilities of K4Connect as a provider of the K4Connect Platform;
    • The responsibilities of the Customer as a user of the K4Connect Platform, or as an enabler of access to the K4Connect Platform by Clients, Authorized Individuals or Users;
    • The general levels of availability and maintenance associated with K4Connect Platform;
    • The process for requesting support related to the K4Connect Platform.

    1.3 Scope

    K4Connect provides the K4Connect Platform on a SaaS basis for the purpose of integrating interconnected devices to enhance the living experience of Clients. This SLA’s scope is limited to the performance and support associated with the suite of services offered on the K4Connect Platform. By definition an SLA is an agreement or mutual understanding, but not an enforceable contract. It is understood that while diligent effort will be made to fulfill the terms of this SLA, there might be exceptional circumstances when the terms of the SLA will not be realized.

    1.4 K4Connect’s Responsibilities

    K4Connect’s responsibilities and/or requirements in support of this SLA include:

    • Meet service availability and support levels
    • Provide appropriate notification for scheduled maintenance

    1.5 Customer’s Responsibilities

    Customer’s responsibilities and/or requirements in support of this SLA include:

    • Communication of specific service incidents and requests
    • Availability and assistance when resolving a service related incident or request
    • Commercially-reasonable efforts to prevent unauthorized access to or use of the K4Connect Platform

    1.6 Period of Performance

    This SLA becomes effective upon execution of the associated MSA by duly-authorized representatives of both K4Connect and the Customer. This SLA will remain in effect until the MSA is amended, replaced, or terminated by a mutual written agreement signed by both K4Connect and the Customer, or by termination in accordance with the express terms of the MSA.

    2. Services Detail

    2.1 K4Connect Platform Availability Commitment

    The K4Connect Platform is intended to be accessible twenty-four (24) hours per day, seven (7) days per week, three hundred and sixty-five (365) days per year. K4Connect commits to having the Customer’s the Service(s) available for use no less than 99.9% of the time, except for unavailability due to: (a) planned maintenance and service updates (as described below); (b) Customer applications and operating systems; (c) acts or omissions of the Customer, Client, Authorized Individual or User granted access to the K4Connect Platform by the Customer; or, (d) circumstances beyond K4Connect’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving K4Connect’s employees), or internet service provider failures or delays.

    2.2 Services Availability Commitment Process

    If K4Connect determines in its reasonable commercial judgment that the K4Connect Platform, or any specific Service(s) purchased by the Customer, which for the avoidance of doubt excludes any Third Party Applications, are unavailable due to an outage caused solely by the services managed exclusively by K4Connect, that outage will be used to calculate service unavailability for the performance metric and remedy below. Unavailability of Service(s) consists of the number of hours that the K4Connect Service(s) were not accessible by the Customer other than any Planned Downtime as described in Section 2.8. As such, Service(s) Availability % = (Total Hours – Total Hours Unavailable)/Total Hours x 100%.

    2.3 Services Availability Commitment Remedy

    If K4Connect determines that the availability of the Services do not achieve a cumulative of 99.9% Availability for any particular calendar month, K4Connect, upon the Customer’s request, will credit the Customer’s account with the prorated charges amounting to 1/30th of the monthly or implied monthly fee for each day the Service(s) (as defined within the MSA) were deemed to be unavailable, to be offset against future charges payable to K4Connect or to be provided in additional days of Service. Customer must request credit via email at support@K4Connect.com within ten (10) business days of the incident for which credit is sought. Customer’s account shall not be credited more than once per month.

    2.4 Support Requests

    In the event of an incident, defined as any interruption in the normal functioning of the K4Connect Platform or Service(s), Customer may make a support request using the following:

    • Phone: 855-876-9673
    • Email: support@K4Connect.com

    2.5 Support Hours

    With the exception of federal holidays, K4Connect’s support staff will be available to respond to non-urgent service incidents and support requests during the following times:

    • Phone: Monday-Friday | 8:00 a.m.-7:00 p.m. | Eastern Standard Time
    • Email: Monday-Friday | 8:00 a.m.-7:00 p.m. | Eastern Standard Time

    The phone number shown above in Section 2.4 will be monitored outside of normal hours, with access to support for urgent service incidents.

    2.6 Target Response Time

    K4Connect’s support team strives to respond to all support requests, regardless of severity, within 1-2 hours of receiving notice (during normal operating hours). Response time is defined as the time between receipt of the support request and the time that a K4Connect support team member begins working on the request. Due to the diversity of issues that might occur, and the methods needed to resolve them, response time is not defined as the time between the receipt of the request and problem resolution. Under all circumstances, the Customer’s timely cooperation with the K4Connect support team will be a determinant of how quickly K4Connect can achieve problem resolution.

    2.7 Systems Supported

    Relevant systems, browsers, and applications supported by K4Connect’s Service(s) include:

    • Android versions 8.1 and above;
    • iOS versions 13 and above;
    • Browsers: Last three major releases of Chrome, Edge, and Safari

    2.8 Maintenance and Service Updates

    All Service(s), along with any related components such as Third Party Applications, require regularly-scheduled maintenance to meet established service levels [“Planned Downtime”]. These activities will render the K4Connect Platform, or certain components thereof, unavailable for normal user interaction. Maintenance and service updates typically occur bi-monthly, to the extent practicable, and whenever commercially-reasonable to do so, will be scheduled during the weekend hours from 8:00 p.m. Eastern Standard Time on Friday, to 6:00 a.m. Eastern Standard Time on Monday, to minimize service disruptions. K4Connect will make commercially-reasonable efforts to attempt to notify Customers, Clients, Authorized Individuals and Users at least three (3) business days in advance of all planned downtime via the http://k4connectolstg.wpenginepowered.com website or via push notification to the home page(s) of the K4Connect Platform Service(s).

    2.9 Information Security

    K4Connect maintains appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data and Client Data. The K4Connect Information Security Program includes business continuity planning, employee awareness, incident response, vendor monitoring, information security risk management, device monitoring, and vulnerability patching.

    END OF SERVICE LEVEL AGREEMENT