Service Level Agreement for Support Services

Service Level Agreement for Support Services

Last updated: November 19, 2024

This is the BlueConic Service Level Agreement for Support Services (hereinafter, the “SLA”), which is agreed upon by you or your organization (collectively, the “Customer”) pursuant to the Customer’s Master Services Agreement and/or Order Form (collectively, the “Agreement”) entered into with BlueConic, Inc. and/or its affiliates. Any capitalized terms used, but not otherwise defined herein, shall have the meanings set forth in the applicable Agreement. BlueConic may update the SLA from time to time in its sole discretion, provided that, any changes made to the SLA without Customer’s prior written approval will not materially diminish Customer’s use of the SaaS Service or the rights granted to Customer herein.

WHEREAS, BlueConic agrees to provide its standard level of service as described below, which will be delivered at BlueConic’s expense unless otherwise expressly set forth herein.

NOW, THEREFORE, the Parties agree as follows.

1. Support Services. Customers may submit requests for assistance from the BlueConic Support team. Such requests may include requests for guidance, seeking assistance, and alerting BlueConic regarding unintended behavior in the platform.

• Support Services Definitions. The following capitalized terms shall have the meanings defined below.

  • “Business Hours” are from Monday through Friday, 2:00 am E.T. to 5:30 pm E.T. / 08:00 C.E.T. to 23:30 C.E.T., excluding public holidays. A full holiday schedule can be found here.

  • “First Response” refers to the period between the time when the Support Request was reported in full, and the time when an acknowledgement via ticket was made by a BlueConic support agent.

  • “Support Request” is a support ticket submitted to BlueConic via an appropriate methodology of submission, as defined in Section 1(c) below.

  • “Support Services” refers to the standard level of Support Services that are provided to Customer in accordance with the terms and conditions of this Exhibit.

  • “Support” refers to the level of technical support provided by BlueConic.

• Support Options. BlueConic shall provide help desk, maintenance and other Support Services to Customer for the SaaS Service as outlined below (“Standard Support”). Customer will have access to the Standard Support package unless Customer opts into one of the Premium Support packages offered by BlueConic. Customer’s election of the applicable Support Services package will be detailed in the Order Form(s) applicable to the Parties’ Agreement. The Support Services shall be part of the overall services provided under the Agreement.

	Standard Support
Business Hours	Monday-Friday 2:30 am to 5:30 pm E.T. / 08:30 to 23:30 C.E.T.
Ticket Routing	Tickets are prioritized by Support Engineers
24/7 monitoring	No
First Response times	<1 business day (see table below for details)

• Support Requests. To request support, Customers may contact the BlueConic Technical Support team via in-platform chat in the SaaS Service platform, or by emailing support@blueconic.com.

  • The following information should be provided with any support requests to the extent that it is known.

    • User email address;

    • A detailed description of the issue, with as much reasonable detail as can be provided with reference to the problem in a clear step by step format;

    • A detailed description of the intention or goal of the user and what the user was hoping to achieve;

    • Tenant URL;

    • Object URL;

    • Any relevant attachments (i.e., screenshots, screen recordings, etc.); and

    • Priority of the request from the Customer's perspective using the table below to categorize the request.

Priority	Definition	First Response
Urgent	The operation of the platform has stopped or is so severely impacted that no User can reasonably continue to use or access it. Urgent requests include data corruption, unacceptable delays, or the inability for all users to access the platform.	<4 business hours
High	A loss of use of the platform. Features are unavailable with no acceptable workaround, or a feature generated an outcome that was not expected.  Operations can continue even if only in a restricted fashion.	6 business hours
Normal	Requests for information, an enhancement, or documentation clarification regarding the platform.  No impact on use or access to the platform.	1 business day

• The table above applies only to the following: Customer’s production Tenant(s); tickets submitted to support@blueconic.com; or, tickets submitted through in-platform chat. For the avoidance of doubt, in-platform chat does not apply to the target metrics listed in the table above.

• Support Requests lacking this information will not be considered part of any service level measuring report, except to the extent that such information is not available or known to the Customer.  Resolution of a Support Request requires Customer’s reasonable availability to collaborate with BlueConic. If Customer breaks continual effort and is not responsive to BlueConic’s reasonable outreach or efforts, the request may be downgraded to a lower Priority. Additionally, resolution of a Support Request may include temporary relief, including advising or enabling the Customer’s business to operate the SaaS Service in an alternative manner until a more comprehensive solution can be provided.

• Customer’s Responsibilities. To the extent applicable, Customer understands and acknowledges that BlueConic must be able to reproduce errors in order to resolve them. Therefore, the Customer agrees to cooperate and work closely with BlueConic to reproduce errors, including conducting diagnostic or troubleshooting activities, as the same may be reasonably requested and appropriate and subject to the Customer’s approval, on a case-by-case basis, end users may be asked to provide remote access to their BlueConic account. Specifically, Customer agrees to the following:

  • Document and report errors promptly;

  • Provide sufficient information for BlueConic to duplicate the error, assess the situation, and/or undertake any needed or appropriate corrective action;

  • Follow instructions or suggestions from BlueConic regarding use, maintenance, upgrades, repairs, workarounds, or other related matters;

  • Have adequate technical expertise and knowledge of their configuration of the Production Instance and familiarity with the Services;

  • Designate two (2) members (or more as agreed to by the Parties) of its staff to serve as the Customer’s system administrators to contact BlueConic with support issues;

  • Provide BlueConic with reasonable access to Customer’s personnel during Business Hours;

  • Carry out procedures necessary to test the rectification of the reported errors or malfunctions within a reasonable time after such procedures have been received from BlueConic;

  • Provide BlueConic support employees adequate access to the customer environment and data when requested; and

  • Assume responsibility for fully protecting Customer Data against loss or corruption.

2. Exclusions from Support Services. Issues that arise in the following categories are not Support Requests and are expressly excluded from the Support Services and service level targets detailed above:

• Web styling and content;

• Support to third party systems outside of BlueConic or their API’s;

• Support to third party system(s) or platform integration(s), where the integration is not developed or managed by BlueConic;

• Client-built integrations using our API or SDK;

• Notebooks that are developed by the customer, partners or that are a custom implementation by BlueConic; and/or

• Any other issues or categories of issues as decided in BlueConic’s sole discretion.

3. Additional Charges for Exclusions. If a reported Support Request (or if the Customer otherwise requests assistance) is an exclusion as outlined in the section above, BlueConic may nevertheless decide to attempt resolution of the request. In such an instance, BlueConic will notify the Customer of its decision and will request Customer’s approval of the proposed resolution in advance. In exchange for BlueConic’s agreement to work on an excluded Support Request, Customer agrees to pay BlueConic’s then current, standard, hourly rates for all associated work.

• Support will not be available for services such as (but not limited to) training, implementation, and customization of the SaaS Service. These will be available through a separate SOW and engagement.

4. Service Availability. BlueConic reserves the right to interrupt access to the SaaS Service to conduct Scheduled Maintenance and Emergency Maintenance as set forth below.

• Service Availability Definitions. The following capitalized terms shall have the meanings defined below.

  • “Actual Uptime Percentage” for any given month, is a percentage expressed as the following fraction: (i) the numerator is the number of hours in that month during which the SaaS Service was materially operable and available to Customer for use over the Internet in accordance with the Online Service Documentation and the Agreement; and (ii) the denominator is the total number of hours (excluding Permissible Downtime) during that month.

  • “Emergency Maintenance” means maintenance that is required on an emergency basis.

  • “Incident” any unplanned event or disruption that affects the normal operation of BlueConic. Incidents can range from minor disruptions to critical outages, and they may impact service availability, performance, or functionality.

  • “Non-Peak Hours” means any hours other than Peak Hours.

  • “Production Environment” refers to the real-time setting where the latest version of the SaaS Service is available for users to access and interact with the service.

  • “Peak Hours” means Monday through Friday, 01:00 am to 6:00 pm E.T. / 07:00 am to 12:00 am C.E.T, excluding public holidays.

  • “Permissible Downtime” refers to the period of time when the SaaS Service is unavailable for use by BlueConic due to Scheduled Maintenance or one or more Uncontrollable Causes.

  • “SaaS Service” means the software as a service provided by BlueConic subject to the terms of this Agreement and that is ordered by Customer via an Order Form.

  • “Scheduled Maintenance” means periodic, routine maintenance procedures or repairs which BlueConic may undertake from time to time in accordance with Section 4(b) of this SLA.

  • “Uncontrollable Cause” means any cause outside of BlueConic’s reasonable control, including (i) any force majeure event or any Internet access or related problem beyond the demarcation point of the servers on which the SaaS Service is installed; (ii) any action or inaction of Customer or any third party (other than an agent, employee, vendor, service provider or subcontractor of BlueConic); and (iii) any equipment, software or other technology of Customer or any third party (other than an agent, employee, vendor, service provider or subcontractor of BlueConic).

  • “Uptime Target” shall have the meaning defined in Section 4(a) below.

• Maintenance and Downtime. BlueConic represents and warrants each of the following:

  • Except for Permissible Downtime, the SaaS Service will be available to Customer twenty-four (24) hours per day, seven (7) days per week, 365 days per year, and the use of the SaaS Service by Customer’s Users shall not interfere with the speed or accuracy of the SaaS Service. The foregoing definition is the “Uptime Target” for the SaaS Service.

  • BlueConic will provide Customer with written notice of Scheduled Maintenance forty-eight (48) hours in advance. Scheduled Maintenance shall be scheduled to occur during Non-Peak Hours (or, if scheduled to occur during Peak Hours, will not interrupt Customer’s access to the SaaS Service and without further notice, will not exceed twelve (12) hours in any given month).

  • BlueConic may conduct Emergency Maintenance on an “as needed” basis, provided that BlueConic will use best efforts to provide Customer with notice at least four (4) hours prior to any outage to the SaaS Service. For the avoidance of doubt, Emergency Maintenance during which Customer does not have access to the SaaS Service shall constitute downtime.

  • If BlueConic fails to meet the Uptime Target during any, one (1) month period, BlueConic shall provide a service credit equal to a percentage of one month’s fee for the use of the SaaS Service based on the Actual Uptime Percentage for that month, as follows:

Actual Uptime Target Percentage	Service Level Refund
Less than 100% but greater than 99%	0%
99% or less, but greater than 98%	5%
98% or less, but greater than 93%	7%
93% or less	100% minus the Actual Uptime Percentage

• If the Actual Uptime Percentage is less than 98% for any three (3) consecutive months in any given 12-month period, Customer may terminate the Agreement immediately for cause by giving BlueConic written notice of such termination.

• Severity Levels of Incidents and Response Times. The Initial Response Times represent the first contact made by BlueConic to Customer. BlueConic’s obligation to respond to the Incident is not triggered until after the Incident has been logged by BlueConic and will vary according to the Incident’s Severity Level. Customer representatives must be readily available for information gathering, testing, and applying resolution to ensure target and resolution times can be met.

Severity Level	Definition	Initial Response Time	Target Resolution Time
S1	Software is non-operational or users cannot access the system, or the functionality is significantly decreased. The defect affects mission-critical functions or information in the production environment and may include, but not be limited to, data loss or corruption, system crash or missing major functionality. This may include any defect related to safety, system availability, overall data integrity, or ability to serve the customer, but only applies to production environments. BlueConic will work continuously with the customer to resolve the issue or to restore production.	<4 business hours via Support Help Desk  or  <1 hour 24/7/365 via status page	1-2 business days
S2	Software is operational with functional limitations or restrictions. Under a High priority, the defect will have a large impact on the functionality of the application but does not require immediate release into the production environment. This defect allows continued use of the application, but there are known compatibility or operability disruptions with no known acceptable work-around or missing minor functionality.	<4 business hours via Support Help Desk	20-60 business days
S3	Software is operational with functional limitations or restrictions that are not critical to the overall system operation and the defect has a moderate impact on the functionality of the application. However, the application remains usable by all groups. A functional error exists for which there is an acceptable work-around. Failures assigned this priority level cause no delays in production.	<4 business hours via Support Help Desk	Customer will receive an update when the fix is scheduled to be deployed.

• Incident Communication. Customer may check https://status.blueconic.com/ at any time during the Subscription Term to review the uptime performance of the SaaS Service. Additionally, Customer will receive real-time updates from BlueConic via email, SMS and Slack whenever BlueConic creates, updates, or resolves Incidents.

5. Premium Support Packages.

• Expanded Premium Support. The Expanded Premium Support package is detailed below and in the Order Form(s) applicable to the Parties’ Agreement.

	Expanded Premium Support
Business Hours	Monday-Friday 2:30 am to 6:30 pm E.T. / 08:30 to 24:30 C.E.T.
Ticket Routing	Tickets are prioritized to our Tier 2 Support Engineers.
24/7 monitoring	No
First Response times	<8 business hours (see table below for details)

Tickets submitted through the support portal should include the priority as defined in the table below. If Customer does not assign, BlueConic will assess the priority and apply a level in its sole discretion.

Priority	Definition	First Response
Urgent	The operation of the platform has stopped or is so severely impacted that no User can reasonably continue to use or access it. Urgent requests include data corruption, unacceptable delays, or the inability for all users to access the platform.	<4 business hours
High	A loss of use of the platform. Features are unavailable with no acceptable workaround, or a feature generated an outcome that was not expected.  Operations can continue even if only in a restricted fashion.	6 business hours
Normal	Requests for information, an enhancement, or documentation clarification regarding the platform.  No impact on use or access to the platform.	<8 business hours

• Priority Premium Support. The Priority Premium Support package is detailed in the table below and in the Order Form(s) applicable to the Parties’ Agreement.

	Priority Premium Support
Business Hours	Monday-Friday 2:30 am to 8:00 pm E.T. / 08:30 to 2:00 C.E.T.
Ticket Routing	Skip-the-line routing to our Tier 2 Support Engineers.
24/7 monitoring	Urgent tickets
First Response times	<4 business hours (see table below for details)

Tickets submitted through the support portal should include the priority as defined in the table below. If Customer does not assign, BlueConic will assess the priority and apply a level in its sole discretion.

Priority	Definition	First Response
Urgent	The operation of the platform has stopped or is so severely impacted that no User can reasonably continue to use or access it. Urgent requests include data corruption, unacceptable delays, or the inability for all users to access the platform.	<1 hour 24/7
High	A loss of use of the platform. Features are unavailable with no acceptable workaround, or a feature generated an outcome that was not expected.  Operations can continue even if only in a restricted fashion.	4 business hours
Normal	Requests for information, an enhancement, or documentation clarification regarding the platform.  No impact on use or access to the platform.	4 business hours