Service Commitments and Support Specifications.

1.1. “Actual Time” means actual weeks, hours, minutes and seconds without interruption.

1.2. “Business Day” means Monday to Friday excluding United States and Canadian statutory holidays.

1.3. “Business Hours” means the hours between 8:00 am and 5:00 pm Mountain Time (MT). Response Times for Support Requests shall follow the targets described in the Support Objectives (Section 11.2) and are dependent on the assessed Priority.

1.4. “Customer SME” means the Customer’s dedicated resource, or resources, who have knowledge of the Customer’s systems and Dependent SaaS Tenants and are authorized to maintain and troubleshoot the Services when necessary.

1.5. “Dependent SaaS Tenants” means third-party or customer-managed systems, platforms, or services required for the operation or integration of a Service, including but not limited to an identity provider’s authorized IdP Platform (IdP) and if applicable an ITSM Production Tenant and/or Interactive Voice Response (IVR) Tool, which are required to integrate with Services.

1.6. “Downtime” means the period the Service is unavailable to the Customer. Downtime excludes interruptions to Customer internet connectivity outside of the Provider’s control, disruptions caused by acts or omissions of the Customer or the Customer’s Authorized Users, emergency maintenance, service interruptions of Dependent SaaS Tenants, or Force Majeure events.

1.7. “Escalation” means the forwarding of a Support Request from the Help Desk to the Provider, and the assignment of a Provider SME, for the purpose of assessing and resolving an Issue regarding the Services.

1.8. “Help Desk” means the Provider’s designated first-line support function, which may include internal teams or authorized third-party providers. The Help Desk is responsible for evaluating, prioritizing, and either resolving or initiating Escalation of the Customer’s Support Request.

1.9. “Issue” means the subject of a Support Request that the Customer SME requires assistance with.

1.10. “ITSM” means the Information Technology Service Management tool the Customer subscribes to.

1.11. “Maintenance Window” means the period in which the Services do not need to be available and which is reserved for regular maintenance.

1.12. “Monthly Uptime Percentage” is the calculation of the Actual Uptime / Scheduled Uptime x 100%.

1.13. “Outage” means any uncommunicated interruption of sixty (60) seconds or more during which ten percent (10%) or more of Authorized Users are unable to utilize the Services or their access to the Services is substantially impaired.

1.14. “Priority 1 (P1)” means Service(s) is/are unavailable to all Authorized Users while the Dependent systems remain available.

1.15. “Priority 2 (P2)” means Service(s) is/are not performing as expected and 50% of Authorized Users cannot access the Services.

1.16. “Priority 3 (P3)” means Service(s) is/are impaired but not seriously impacted. Errors consistently appear for most or all Authorized Users, but the Services may still be used.

1.17. “Priority 4 (P4)” means Customer SME has suggestions for improvements or modifications that they would like the Provider SME to review.

1.18. “Provider SME” means the Provider’s Technical Resource who will be the point of contact for the Customer SME in the event of a Support Request Escalation.

1.19. “Response Time” means the number of Business Hours the Help Desk and the Provider SME have before they must communicate with the Customer SME and/or the Issue submitter in relation to the submitted Support Request. Response Time begins once the Help Desk has received the Support Request.

1.20. “Scheduled Maintenance” means routine maintenance that may affect the availability of the Service to any Authorized Users of one (1) or more of the Provider’s Customers and which occurs during the Maintenance Window.

1.21. “Scheduled Upgrade” means the Actual Time it takes to upgrade the Service to the latest release as scheduled by the Provider SME and the Customer SME during a mutually agreed time and date.

1.22. “Scheduled Uptime” means the Actual Time the Services are expected to be available to Customer for normal business use. Scheduled Uptime excludes Scheduled Upgrades, Scheduled Maintenance and communicated Unplanned Maintenance.

1.23. “Security Event” means an unauthorized acquisition of or unauthorized attempts to access individually identifiable information within a party’s respective custody or control, or an unauthorized party’s attempt to disrupt services.

1.24. “Support” means the Support that has been purchased by the Customer as specified on the Order Form and described in the Support Provisions (Section 11).

1.25. “Support Availability” means the number of hours that Support is available to the Customer. Support is available 24 hours per day, 7 days per week.

1.26. “Support Communication” means the agreed upon methods of communication between Customer, Help Desk and Provider for information including Scheduled/Unplanned Maintenance, Support Requests, and Service Upgrade availability.

1.27. “Support Request” means a request for support initiated by the Customer and submitted to the Help Desk when the Service is not functioning as expected or intended.

1.28. “TechJutsu SaaS Products and Services” means any web-based application or feature developed and sold by TechJutsu, including hosting, service delivery, software updates and product support.

1.29. “Unplanned Maintenance” means when it is necessary for a Service Outage to be performed outside the Maintenance Window.

1.30. “Uptime” means the aggregate amount of Actual Time the Service is available to the Customer and their Authorized Users for expected and intended use.

2.1. Unless otherwise specified in Service-Specific Terms, the Provider commits to an “Uptime Percentage” of 99.90%.

2.2. Uptime Percentage is calculated on a monthly basis using the following formula: (Maximum Available Minutes less Outage Minutes) / Maximum Available Minutes, translating to the following allowable Downtime:

2.3. Uptime Percentage does not include either Provider or Customer initiated Downtime as defined below.

3.1. Scheduled Maintenance: Communicated directly to Customer SMEs by the Provider via email.

3.1.1. The Provider will use commercially reasonable efforts to provide five (5) Business Days’ advance notice to Customers of service-affecting Scheduled Maintenance.

3.1.2. The Provider will use commercially reasonable efforts to schedule Maintenance within the designated Maintenance Window.

3.2. Scheduled Upgrades: Upgrades to the Services as agreed to by the Provider SME and the Customer’s SME.

3.3. Unplanned Maintenance: Permitted if evidence of the Support Communication to the Customer SME prior to the Downtime is provided.

4.1. Service unavailability caused by events outside of the direct control of the Provider or its subcontractor(s), including any force majeure event, the failure or unavailability of Customer’s internal systems, and/or access to the Internet; and/or

4.2. Any failure of the Customer’s other Dependent SaaS Tenants used to connect to or access the Service.

4.3. It is the responsibility of the Customer and/or the Customer SME to regularly check for Support Communication from the Provider SME for Scheduled Maintenance notices and communicate any materially significant Issues that may arise due to the Scheduled or Unplanned Maintenance.

5.1. When Unplanned Maintenance is unavoidable the Provider SME will make every effort as soon as reasonably practicable to notify affected Customer SMEs and designated Customer technical contacts, and the CEO of Provider, with details of the Downtime, including the expected duration of Downtime.

5.2. If there is a dispute between the time of the sending of the communication and the time of the receipt of the communication, the recorded time of distribution by Provider shall be the definitive record.

6. Limitation: The Provider shall not be responsible for any issues that arise due to the Customer’s failure to follow communicated instructions or responsibilities outlined in this document.

7.1. Performance Monitoring: Except as otherwise agreed upon by the Provider and the Customer, the Provider will monitor the Service’s actual performance against the committed to Service Levels.

7.2. Reporting: The Provider shall comply with any request for performance reports by the Customer SME for the previous 30 days from the date of the request.

8.1. Notification: Provider or Customer shall notify the other party as soon as practicably possible of any security event and the vulnerabilities that may affect the Service. Initially this notification shall include details of the event vulnerability, how it may affect the other party, and mitigating steps to resolve the event.

8.2. Patching & Impact: If necessary, the Provider shall communicate details of any vulnerability patches, how long it will take to implement and the expected duration of any Outage, if applicable.

8.3. Post-Incident Audit: An audit of the event will be communicated by the initiator of the Security Event and will detail the event, the steps taken to mitigate the risks and what still needs to be done to prevent another event of its kind.

9.1. Support Communication Methods:

• Technical Support Email: support@techjutsu.com
• Technical Support Toll-Free: 1-855-314-3061

10.1. Ticket Submission Details: The Customer SME will initiate a Support Request to the Help Desk providing:

• Contact information of the submitter;
• Name and status of the affected Service(s);
• Status of any relevant dependent systems or integrations;
• The severity (Priority) of the Issue; and
• All other important details about the Issue, including relevant screenshots and logs.

10.4. Escalation: If the Issue requires further investigation, the Help Desk will initiate an Escalation to the Provider, who will assign the Issue to a Provider SME. The Provider SME will make commercially reasonable efforts to recreate the Issue and provide updates within the applicable Response Time.

12.1. Customer’s failure to implement any update made available to Customer by Provider for addressing such error.

12.2. Failures of the Customer systems, or alterations/modifications of Dependent SaaS Tenants (including permissions, rules, policies, or group memberships).

12.3. Any alterations or modifications of the service account used to implement the Service.

12.4. Any alterations or modifications to the Service made by parties other than the Provider or its authorized agents.

12.5. Customer-specific configuration, environment management, or system administration activities, unless otherwise agreed in writing.

12.6. Use of the Service in a manner for which it was not designed or not in conformance with the Documentation.

12.7. Factors outside the Provider’s reasonable control, including natural disaster, war, terrorism, government action, or external network/device failures.

12.8. Customer’s unauthorized actions, lack of action, or failure to follow appropriate security practices.