Standard Service Level Agreement
Updated: January 2, 2024
BurstIQ is committed to providing LifeGraph Network and LifeGraph Services in a manner that provides you with a highly reliable and secure platform for your data management, exchange, and intelligence needs. This Service Level Agreement (“LifeGraph SLA”) governs BurstIQ’s provision of and your use of the LifeGraph Services and applies separately to each account using the LifeGraph Services. Service level agreements for Managed Services are available on a per-customer basis at additional cost. Capitalized terms used but not defined herein shall have the respective meanings given to them in the Master Services Agreement.
- Covered Services. This LifeGraph SLA only applies to production-level LifeGraph Services (the “Covered Services”). Covered Services does not include: (i) pre-production (e.g., development, testing, UAT, staging, or similar description) or pre-release (e.g., beta, pilot, soft launch, evaluation, or similar description) LifeGraph Services, and (ii) any Service that does not constitute a LifeGraph Service (e.g., Managed Services and Third-Party Services).
- No End User Support. BurstIQ does not provide service level agreements or support with respect to End Users’ use of Your Data or Your Service.
- Contract Conflicts. If your MSA or other agreement between you and BurstIQ specifically includes service level agreements or service commitments related to the LifeGraph Services, those service level agreements or service commitments will take precedence over the terms of this LifeGraph SLA, but only to the extent that there is a conflict between the terms of that agreement and the terms of this LifeGraph SLA.
- Uptime Commitment. We will use commercially reasonable efforts to make the Covered Services available with an Uptime, during any monthly billing cycle, of at least 99.9% (the “Uptime Commitment”).
4.1. Calculating Uptime. “Uptime” means the percent of time, measured on a monthly basis, that the Covered Services are free of Sev1 Incidents. Uptime will be calculated as follows:
| T-D | x 100 = Uptime |
| T |
where:
D = minutes elapsed between the start of the Sev1 Incident[1] and resolution of the Sev1 Incident
T = total number of minutes in that month
Sev1 Incidents attributable to an SLA Exclusion, as described below, are not included in the Uptime calculation above and are not eligible for a Service Credit.
4.2. Service Credits. If Uptime falls below the Uptime Commitment in any given calendar month, other than for SLA Exclusions, you will be entitled to receive a credit against Fees that are: (i) directly attributable to the Covered Services, and (ii) due and payable in that month (“Service Credit”). Service Credits are calculated as a percentage of the Fees paid by you for Covered Services that did not meet the Uptime Commitment in a calendar month in accordance with the schedule below:
| Uptime | Service Credit |
|---|---|
| 96.0% to 99.9% | 10% of Fees for Covered Services due and payable in the calendar month in which the Uptime did not meet the Uptime Commitment |
| Below 96% | 30% of Fees for Covered Services due and payable in the calendar month in which the Uptime did not meet the Uptime Commitment |
4.3. Requests for Service Credit. In order to be eligible for a Service Credit, you must make a written request to us. Each request must be received within ten (10) days of the event occurrence and must be confirmed by our measurements. Each valid Service Credit will be applied to your invoice within two (2) billing cycles after our receipt of your valid Service Credit request. Credits are exclusive of any applicable taxes. Service Credits are not redeemable for cash and can be used only towards future billing charges, except where the Service Credit is for the final month of Service, in which case we will refund the amount of the Service Credit to you. Unless otherwise provided in the MSA, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide Covered Services is the receipt of Service Credits (if eligible) in accordance with the terms of this LifeGraph SLA.
- Reporting Incidents. If you are a paying customer in good standing (i.e., not in material breach of your obligations under the MSA), you may report errors or malfunctions of the Covered Services (“Incidents”) to us at any time (24/7) through the process below. Incidents do not include: (i) feature enhancement requests, (ii) requests for training or other assistance in using the Covered Services, (iii) issues related to services that do not constitute Covered Services, and (iv) other non-essential feedback. Additionally, Incidents reported through any other communication channel (e.g., submitted to BurstIQ employee email addresses, messaging service(s), or phone) are not considered Incidents and BurstIQ is not obligated to treat such communications as Incidents under this LifeGraph SLA.
5.1. Authorized Representatives. You are entitled to name up to two (2) employees or agents of your organization who are authorized to submit Incidents to [email protected] (“Authorized Representatives”). BurstIQ’s reporting system will not acknowledge, respond to, or process submissions from any source other than Authorized Representatives. You are responsible for providing BurstIQ with written notice of any new or updated Authorized Representative and BurstIQ will add or update Authorized Representatives within ten (10) business days after receipt of such written notification from you. BurstIQ is not liable for any failure to perform under this LifeGraph SLA related to (i) Incidents submitted by anyone other than Authorized Representatives, (ii) your failure to provide timely written notification of new or updated Authorized Representatives, or (iii) issues submitted through any communication channel other than [email protected].
5.2. Response Time. BurstIQ will provide an acknowledgement of your submission within one (1) hour after submission by you. This may be an automated response.
- Processing Incidents. Upon receipt, BurstIQ will review the Incident and assign a severity in accordance with the severity levels provided below. Once a severity is assigned, BurstIQ will notify you of the assigned severity and use commercially reasonable efforts to resolve the error as provided below:
| Severity | Definition | Resolution Process | Communication |
|---|---|---|---|
| Sev1 (High) | Incidents that prevent or severely degrade all or substantially all Covered Services | BurstIQ will work diligently 24/7 to identify the root cause and resolve the Incident. | Email communication to you no less than once per day until resolved. |
| Sev2 (Med) | Incidents that (i) cause sub-optimal performance of Covered Service operations or (ii) prevent some but not all operations. | BurstIQ will work diligently during business hours to identify the root cause and resolve the Incident. | Email communication to you no less than once per week. |
| Sev3 (Low) | Incidents that have limited or no impact on Covered Service operations | BurstIQ will add the Incident into its standard development backlog and prioritize resolution of the Incident in its sole discretion. | No required communication. |
- SLA Exclusions. The Uptime Commitment does not apply to any unavailability, suspension or termination of a Covered Service, or any other performance issues: (i) that last less than 60 seconds; (ii) caused by factors outside of our reasonable control, including any force majeure event, Internet access outage, third party hosting service outage, or other problems beyond the demarcation point of BurstIQ; (iii) that result from any actions or inactions by you or any third party, including your failure to diligently perform your responsibilities under the MSA or any Addendum or statement of work attached thereto; (iv) that result from failure to follow the guidelines or exceeding the limitations described in the Acceptable Use Policy or the MSA; (v) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (vi) arising from our suspension or termination of your right to use the Covered Services in accordance with the MSA (collectively, the “SLA Exclusions”). If Uptime is impacted by factors other than those explicitly used in our Uptime calculation, then we may issue a Service Credit considering such factors at our discretion.
- Emergency Maintenance. We may occasionally need to perform emergency maintenance. During performance of emergency maintenance, the Covered Service may be unavailable. Such occasions will be rare, and, except in extraordinary circumstances, we will notify you at least fifteen (15) minutes prior to any emergency maintenance.
[1] If the start of the Sev1 Incident cannot be determined, the start will be calculated from the time of submission of the Incident report by you.