Effective date: NOVEMBER 8, 2024
Service Level Agreement (SLA)
for Employee Journey Suite

ThisService Level Agreement ("SLA") forms an integral part of theTerms and Conditions between FIRM MINDSET sp. z o.o. ("FM")and the client ("Client").

1.DEFINITIONS

AnnualUptime Percentage" for Platform is calculated as the average of theAvailability for all 5-minute intervals in annual billing cycle. Annual UptimePercentage measurements exclude any lack of Availability resulting directly orindirectly from any platform Exclusion.

"Availability"is calculated for each 5-minute interval in business hours as the percentage ofpage loads processed by Platform that do not fail with Errors and relate solelyto the provisioned service. If there is no any page load in a given 5-minute interval,that interval is assumed to be 100% available.

"Businesshours" are assumed as Monday to Friday, from 8AM to 6PM withexclusion of Polish holidays.

"Error"is failed page load, fails due to Platform internal service error.

2.SERVICE COMMITMENT

2.1. FMwill use commercially reasonable efforts to make Platform available with aAnnual Uptime Percentage of at least 99%.

3.REFUND CALCULATION

3.1. Client can request a refund of service fee in maximum value of:

Annualavailability percentage:

Less than 99% but greater than or equal 95%
Less than 95% but greater than or equal 90%
Less than 90% but greater than or equal 80%
Less than 80%

Max refund percentage:

10%
20%
50%
100%

4.REFUND REQUEST AND PAYMENT PROCEDURE

4.1. Clientshould send an email with "SLA refund request" in the subject tooffice@firmmindset.com including the following information:

 

a) FullClient business details

b) Thedates, times, and description of each lack of Availability incident including incalculation

c) Any logsand proofs collected during the incidents (any confidential or sensitiveinformation in these logs should be removed or replaced with asterisks)

5. SLA EXCLUSIONS

5.1. TheService Commitment does not apply to any unavailability, suspension ortermination of Platform, or any other Platform performance issues:

a) Causedby factors outside of our reasonable control including any force majeure eventor Internet access or related problems beyond the demarcation point of Platform

b) Thatresult from any voluntary actions or inactions by you (e.g., misconfiguring,invalid configurations or credential settings, etc.)

c) Thatresult from your equipment, software or other technology

d) Arisingfrom our suspension or termination of your right to use Platform in accordancewith the Agreement

(collectively,the "Platform SLA Exclusions")

5.2. Ifavailability is impacted by factors other than those used in our Annual UptimePercentage calculation, then we may issue a refund considering such factors atour discretion.

6.CHANGES TO THIS SLA

6.1. Wereserve the right to modify this SLA in accordance with our Terms andConditions. We will provide notice of any material changes.