ObjectSecurity OT.AI Platform Service Level Agreement (SLA)

This Service Level Agreement (SLA) sets forth the terms under which Licensor ("ObjectSecurity ") offers support, maintenance, and other services described herein to Licensee ("Licensee").

DEFINITIONS.

"Business Day" means the applicable business days by the laws of the State of California, United States.

"Business Hours" means 9:00 AM to 5:00 PM Pacific Time Zone.

"Licensee" means the Company's Customer purchasing support and maintenance services.

"Error" means any verifiable and reproducible failure of the Software to substantially conform to its published specifications. "Error" shall not include any failure caused: (i) by the use or operation of the Software with any other hardware, Software, or programming languages or in an environment other than intended or recommended by ObjectSecurity; (ii) by any bug, defect, error or malfunction in any hardware or Software used with the Software and not provided by ObjectSecurity or any other failure of any such hardware to conform to its published specifications, (iii) due to modifications, alterations, and repairs to the Software not made by ObjectSecurity, except as authorized in writing by ObjectSecurity, (iv) due to misuse, accidents or improper installation or maintenance that ObjectSecurity did not perform, or (v) due to failure to install updates or patches provided by the ObjectSecurity specifically to avoid such failure.

"Error Resolution" means either one of the following temporary workarounds:

• Code or patch release that will be delivered according to a schedule determined by ObjectSecurity.
• Software enhancement or new features will be provided according to a schedule determined by ObjectSecurity.

"Hardware" is any tangible device capable of reading computer language and posing computing capabilities sufficient for running the Software.

"Software" means the Company software to which the Customer purchased a license and support services.

"Update" means a modification or revision made to the Software to make minor improvements upon or repair existing functionality and features within the Software. Updates do not include new functionality, features, or options.

CONTACT METHODS.

Licensees may contact ObjectSecurity with support requests through the following method:

Submit Support Ticket

Log into the ObjectSecurity OT.AI Platform Support Portal Click on the "Submit a ticket" button in the upper right corner of your screen.

SUPPORT RESPONSIBILITY.

Software Maintenance and Support:

First Level Support shall be comprised of an initial analysis and investigation of Errors relating to the proper operation of the Software following the specifications and the delivery of an Error Resolution, which may be a temporary workaround.

First Level Support shall include responsibility for:

1. Assessing, dispatching, monitoring, reporting, and escalating incidents;
2. Matching and resolving Errors relating to known errors with proven resolutions provided by the ObjectSecurity knowledge base, if possible;
3. Forwarding Errors requiring Second Level Support to Second Level Support;

Second Level Support shall be comprised of in-depth analysis and investigation of Errors relating to the proper operation of the Software following the specifications and the delivery of an Error Resolution or, if an Error Resolution is not immediately available, a Workaround.

Second Level Support shall include responsibility for:

1. Providing Second Level Support to First Level Support;
2. Identifying, classifying, investigating, and diagnosing Errors;
3. Testing and validation of installation of Updates as delivered by Third Level Support;
4. Providing an Error Resolution which may include a workaround upon resolution of an Error;
5. Escalating Errors unable to be resolved by Second Level Support to Third Level Support;

Third Level Support shall be comprised of in-depth analysis, investigation, and coding on the design specification level and/or source code of Software related to reported Errors.

Third Level Support shall include responsibility for:

1. Providing bug-fixing support on the applicable Software;
2. Providing in-depth analysis support upon the request of the Second Level Support staff on all reported Errors;
3. If Second Level Support cannot deliver an Error Resolution, Third Level Support shall define and provide an Error Resolution within the timeframes mutually agreed between the parties;

SUPPORT RESPONSE AND OBJECTIVES

The SLA support services refer to the response time of the ObjectSecurity Support Team to the Licensee. ObjectSecurity undertakings hereunder are not intended to indicate a resolution to a problem that might have occurred.

Response Times

• High-severity support ticket – A support ticket related to an issue incurring production downtime or causing severe disruption to normal production-related operations. 8-hour response time during Business Days and Business Hours (from submitting ticket time).
• Medium-severity support ticket – A support ticket related to an issue causing a medium disruption to the regular production-related operation or an issue that can be solved using a workaround. One (1) Business Day response time during Business Days and Business Hours (from submitting ticket time).
• Low-severity support ticket – A support ticket related to an issue affecting production but not causing severe interference to production-related operations or an issue that can be solved using a workaround. Two (2) Business Day response times during Business Days and Business Hours (from submitting ticket time).
• Irregular working hours: A request for a response to a call during hours that are not Business Hours shall be subject to payment of additional fees following ObjectSecurity after-hours support services rates specified under professional services.

POINTS OF CONTACT.

 
Licensees interface with the ObjectSecurity Support Center at first contact via Support Ticket submission.

LIMITATIONS 

ObjectSecurity Support Services are subject to the following:

• The Services regarding Software do not include on-site technical support, consulting (redesigning, re-architecting, or reconfiguring Licensee's network), support for incompatible products or third-party products, training, professional services, or related out-of-pocket expenses.
• ObjectSecurity support obligations shall apply only to those versions of the applicable Software that are within one (1) major version or two (2) minor versions of the then-current version and within a one (1) year time frame of the current version, whichever is greater; and provided Licensee is current in installing all Updates and Patches provided to it. Error resolution will not be provided concerning a Software version after the lapse of one (1) year from ObjectSecurity's discontinuation of such version.
• The Support Services hereunder are provided concerning software failures only, subject to the exclusions described here. Suppose any problem or error is discovered to fall outside the scope of the definition of error. In that case, ObjectSecurity reserves the right to recover all expenses related to the support provided at the then-current prices for such services.

EXCLUSIONS

• ObjectSecurity shall not be responsible for repairing Software or Hardware or providing other services required as a result of negligence, reverse-engineering attempt, reasonable wear and tear, misuse, or mishandling of the Software or Hardware by the Licensee or any third party not under ObjectSecurity's direct control, such as unauthorized repairs or maintenance, inappropriate environmental conditions (such as power and air-conditioning failures), or damages to the Hardware caused by events such as lightning, fire, earthquake, or floods. The Parties will be able to negotiate repairs or other services required in such circumstances on a case-by-case basis.
• The failure of ObjectSecurity to comply with its support obligations hereunder that are caused in whole or part by any of the following shall not be considered a default under this SLA:

1. A failure of the Licensee's furnished equipment or premises or equipment of a Licensee vendor;
2. A failure of any third party that provides Hardware or Software or other components utilized by the Licensee for or in connection with the operation of the Software;
3. A failure in local access facilities connecting Software to Licensee's networks (e.g., ISP failure or internet backbone deficiencies);
4. Force majeure events as defined under the Agreement or natural disaster that could not reasonably be foreseen or is a result of circumstances that cannot be expected to be prevented or cannot be reasonably foreseen;
5. Any act or omission of the Licensee or any third party acting on the Licensee's behalf that leads to, without limitation, (i) inadequate access to facilities for installation, testing, or repair or replacement of Software or Hardware, (ii) failing to provide access to Licensee premises as reasonably required to enable ObjectSecurity to comply with its obligations regarding under the SLA, (iii) failing to take any remedial action about service as recommended by ObjectSecurity, (iv) failure to maintain the current version of the Software (subject to Section ‎5.2); or (v) any act or omission which causes ObjectSecurity to be unable to meet any of the SLA;
6. Unavailability of Licensee to support ObjectSecurity incident response efforts.

UPDATES

As part of the support services provided by ObjectSecurity hereunder, ObjectSecurity shall make available to the Licensee any Updates and Patches to the Software or documentation if and when ObjectSecurity makes such Updates and Patches generally available for no additional charge to its other Subscribers then covered by maintenance services with similar terms as the terms of this SLA. ObjectSecurity shall have no obligation hereunder to make any modifications to the Updates and Patches to conform to any modifications of the Software or documentation made by any person or entity other than ObjectSecurity.