Service Level Agreement

1. Covered Services

“Covered Service” specifically means the following Services that Customer has licensed and paid for in an applicable Order. For clarity, Covered Service does not include any Third Party Services or a Service paid separately by Client not listed below:

2. Service Commitment & Measurement

Kustomer, LLC (“Kustomer”) shall use commercially reasonable efforts to provide Client access to the Covered Service twenty-four hours a day, seven days a week (24x7) with a Monthly Uptime Percentage (defined below) of at least 99.9%. The “Monthly Uptime Percentage” and Outage calculations for each Covered Service is described below and will be calculated using Kustomer’s service availability monitoring software.

Service Feature	Monthly Uptime Percentage Calculation	Outage Definition
Kustomer Platform Ultimate / Ultimate AI	(total minutes in a calendar month - Outage) / total minutes in a calendar month	The duration of any incident that renders one or more core functions or features of the Kustomer Platform Ultimate / Ultimate AI unavailable to Client (as detected by Kustomer or reported to Kustomer by Client (and verified by Kustomer)), other than Scheduled Maintenance and/or Excluded Downtime

In order to avoid intermittent and transient fluctuations, an Outage period may begin after observing one to five consecutive minutes of downtime and end when services are restored. For clarity, core functions and features that factor into an Outage are monitored and reported onKustomer’ status page at status.kustomer.com and only core functions and features utilized by Client shall be applicable when determining whether an Outage impacted Client.

3. Exclusions

Schedule maintenance does not factor into the Monthly Uptime Percentage calculation. Kustomer reserves the right to perform regularly scheduled maintenance of Covered Services in aggregate of no more than six (6) hours during any rolling two (2) week period and always during non-core business hours.  Non-core business hours are defined as 2:00am to 6:00am (Eastern Time Zone if Client is using a Covered Service hosted in U.S. based data center or Greenwich Mean Time if Client is using a Covered Service hosted in European based data center) during the weekday and all weekend (“Scheduled Maintenance”).  Kustomer maintains a standing scheduled maintenance window of 2:00am-6:00am (Eastern Time Zone or Greenwich Mean Time, respectively) every weekday morning.  Kustomer may schedule additional Scheduled Maintenance outside of the standing scheduled maintenance window by providing notification to Client at least one day in advance; this notification will be provided via the agreed upon Communication Protocol to designated support representatives.

Additionally, any downtime caused by factors outside of Kustomer’s reasonable control do not factor in to the Monthly Uptime Percentage calculation, including any force majeure event, Internet services availability outside of Kustomer’s Covered Services, and actions or inactions of the Client or third-party computer hardware, software, or network infrastructure not within the sole control of Kustomer (“Excluded Downtime”). In the event that there is any unscheduled maintenance, Kustomer will follow the Communication Protocol to notify the Client.

4. Communication Protocol

Kustomer will communicate via email or text message, unless otherwise agreed upon in writing. Client will provide contact names, email addresses, and phone numbers for Kustomer to use for communication (the “Communication Protocol”). 

5. Service Requests

In support of the services covered by this service level agreement, Kustomer will respond to service related incidents and requests originated through the Communication Protocol within the following time frames. Client shall submit requests with the priority level specified; however, Kustomer reserves the right to reasonably increase or decrease the priority level in its sole discretion.  In accordance with the service commitment provided in this service level agreement, Kustomer will use commercially reasonable efforts to resolve all requests promptly but cannot guarantee a time to resolution due to the inherent variability in effort and corresponding time required to resolve issues. Kustomer will communicate resolution efforts with the Client in a timely manner and consistent with the Communication Protocol.

Request Priority Level	Description	Time to Response
Severe	Covered Service is unavailable or a substantial subset of functionality is unavailable without a workaround, security issues, or data integrity issues	2 hours
High	Intermittent issues, issues with system performance, and issues with available workarounds.	8 hours
Medium	Any other bugs or issues that are not considered Severe or High.	3 business days

6. Service Credits

If the Monthly Uptime Percentage for a Covered Service fails to meet Kustomer’s service commitment outlined above, the Client will be eligible to receive a Service Credit, as outlined in the below table.  The service credit is capped at a maximum value of 50% of the monthly service fees or average monthly Commitment, as applicable, for the impacted Covered Service. This service level agreement and the Service Credits provided hereunder are the Client’s sole and exclusive remedy for any Outage related to the Covered Services. To receive a Service Credit, Client must submit a claim by emailing support@kustomer.com. To be eligible, the credit request must be received by Kustomer within thirty (30) days after which the incident occurred and must include: the words “SLA Credit Request” in the subject line; and the dates and times of each claimed Outage; logs that document the errors and corroborate the claimed Outage (any sensitive or personally identifiable information in these logs should be removed or replaced with asterisks). Client’s failure to provide the request and other information as required above will disqualify Client from receiving a Service Credit. Service Credits for Conversation-based plans may not be exchanged for, or converted to, monetary amounts and will be credited against Client’s Conversation usage in the subsequent month.

Monthly Uptime Percentage	Service Credit License Based Covered Service	Service Credit Conversation Based Covered Service
99.9% or above	None	None
Between 99.0% and 99.89%	10% of monthly service charges for the applicable Covered Service	10% of average monthly Commitment for the impacted Covered Service
Between 97.0% and 98.99%	25% of monthly service charges for the applicable Covered Service	25% of average monthly Commitment for the impacted Covered Service
Below 97.0%	50% of monthly service charges for the applicable Covered Service	50% of monthly Commitment for the impacted Covered Service

7. Updates

As Kustomer’s business evolves, Kustomer may modify this service level agreement in accordance with the applicable Master Subscription Agreement. Modifications will take effect (i) thirty (30) days following the date of such notice where such modifications do not materially diminish Kustomer’s responsibilities under this service level agreement or (ii) at the time of renewal of Client’s Subscription Term for all other modifications.