Last updated: Oct 28, 2023
SUPPORT AND SERVICE LEVEL AGREEMENT
Crossing Minds will use diligent efforts to support the Subscription Services as set forth below and make the Subscription Services available in accordance with the Service Level Agreements set forth below. “Uptime” is defined as the number of minutes that the Subscription Services are accessible and responding with recommendations via the Recommendation API within 15 seconds divided by the number of minutes in a given month.
SERVICE LEVEL AGREEMENTS
Service Levels and Support
Availability Service Level. Crossing Minds will provide the Subscription Services on a 24 x 7 x 365 basis with an uptime guarantee of 99.95%, excluding up to 120 minutes within the Maintenance Windows (as defined in Section below) minutes.
General Support. Crossing Minds will provide support for the Subscription Services as set forth below:
Crossing Minds will provide all necessary resources to support acceptance testing, troubleshooting, and implementation of the Subscription Services;
Crossing Minds will provide 24 x 7 x 365 messaging (i.e. Slack) and e-mail support for assistance in identifying and resolving Errors (in accordance with the Severity Incident Levels and Response Times set forth in Sections (iii) and (iv) below), and will be available to answer questions related to the operational use of the Subscription Services. As used herein, “Error” means a defect in the Subscription Services that prevents them from performing according to the Documentation. Errors include operation and functionality defects, security defects, viruses, and bugs;
Crossing Minds will monitor the Subscription Services to ensure that they are being provided according to the standards of this Order;
Crossing Minds will promptly report all outages, including performance degradation, to the contact person or email alias identified by the Customer.
Crossing Minds may schedule upgrades and maintenance for the Subscription Services between the hours 1:00 am and 3:00 am Pacific on Friday through Sunday (the “Maintenance Window”);
Any non-scheduled or emergency maintenance that impacts the Subscription Services must be communicated to the Customer immediately. Failure to notify Customer of a Maintenance Window or unscheduled or emergency maintenance that results in one or more Severity 1 or Severity 2 incidents (as defined in Section (iii) below) in a given year will constitute a breach of this Agreement.
Severity Levels. When Crossing Minds initially detects an Error with the Subscription Services, or when Customer reports to Crossing Minds an Error with the Subscription Services, the Error will be promptly classified by the reporting party in accordance with the following severity incident guidelines:
Severity Incident Level
Definition
Severity 1
A critical problem with the Subscription Services in which any of the following occur: Subscription Services are down, inoperable, inaccessible or unavailable, the Subscription Services otherwise materially cease operation; the performance or nonperformance of the Subscription Services prevents useful work from being done.
Severity 2
A problem with the Subscription Services in which any of the following occur: Subscription Services are severely limited or degraded, major functions are not performing properly, the situation is causing a significant impact to certain portions of Customer or Subscription Services users’ operations or productivity; or the Subscription Services have been interrupted but recovered, and in Customer’s opinion there is high risk of reoccurrence.
Severity 3
A minor or cosmetic problem with the Subscription Services in which any of the following occur: the problem is an irritant, affects non-essential functions, has minimal impact to business operations; the problem is localized or has isolated impact; the problem is an operational nuisance; the problem results in documentation errors; or the problem is any other problem that is not a Severity 1 or a Severity 2, but is otherwise a failure of the Subscription Services to conform to the Documentation.
Incident Response Service Level. Crossing Minds will respond to Customers and provide Initial Responses, Temporary Resolutions, and Final Resolutions in accordance with the time requirements set forth in the table below:
Definitions. For purposes of Section (iii) and (iv) above, the following definitions apply
“Initial Response” means a written or electronic response from Crossing Minds to Customer regarding a reported or discovered Error acknowledging receipt.
“Temporary Resolution” means a temporary fix or patch that Crossing Minds has implemented and incorporated into the Subscription Services to restore the Subscription Services functionality in accordance with the Documentation until the Final Resolution is available.
“Final Resolution” means a permanent fix that Crossing Minds has implemented and incorporated into Subscription Services to restore Subscription Services functionality in accordance with the Documentation.
