1. Service Level Commitment. Excluding scheduled maintenance windows, RapDev will use commercially reasonable efforts to maintain 99.8% availability of the hosted portion of the Service for each calendar month during the term of this Agreement. The Service will be deemed “available” so long as Authorized Users are able to login to the Service interface and access monitoring data. Excluding planned maintenance periods, in the event the Service availability drops below 99.8% for two consecutive months, Customer may terminate the Service in the calendar month following such two-month period upon written notice to RapDev. To assess uptime, Customer may, if under a Paying Plan, request the Service availability for a prior month by filing a support ticket through the Site.

2. Support. Subject to this Agreement, if Customer is under a Paying Plan, RapDev will provide unlimited in-product and email support (“Support”). Although no response times are guaranteed, RapDev will use commercially reasonable efforts to respond to such support requests within 48 hours. RapDev may delegate the performance of certain portions of the Support to third parties, but will remain responsible to Customer for delivery thereof. In the event any Support is not performed with reasonable skill, care and diligence, RapDev will re-perform the Support to the extent necessary to correct the defective performance, and Customer acknowledges that re-performance shall be Customer’s sole and exclusive remedy for any defective performance. Notwithstanding the foregoing, if Customer has purchased the Services through an authorized RapDev reseller, such reseller shall be responsible for Tier 1 support and any other support terms set forth in Customer’s subscription with such reseller.

SEVERITY LEVEL
DESCRIPTION
FIRST RESPONSE
ADDITIONAL ACTIONS
1

Incident involving total failure or severe degradation of the Service; Customer is unable to access the Services.

RapDev will acknowledge receipt of the Support Request, and begin actively troubleshooting the Incident, within two hours (whether within or outside Standard Hours).(Support requests for Severity 1 Incidents must be made by email with the word “CRITICAL” in the subject.)

RapDev’s support engineers will work on the Incident 24/7 to provide a Workaround or Resolution. RapDev will provide regular status updates as agreed by the Parties. Severity 1 Incidents will be escalated to senior engineering and/or management personnel as appropriate.

2

Incident involving partial failure or mild degradation of the Service; Customer is able to access some. but not all Service features.

RapDev will acknowledge receipt of the Support Request, and begin actively troubleshooting the Incident, within the Standard Hours.

RapDev’s support engineers will work on the Incident during Standard Hours to provide a Workaround or Resolution. If RapDev fails to provide a Workaround or Resolution within 72 Standard Hours, the Incident will be escalated to senior engineering personnel.

3

Incident with minor effect on Services; Customer is able to access almost all Service features.

RapDev will acknowledge receipt of the Support Request, and begin actively troubleshooting the Incident, within 48 Standard Hours.

RapDev’s support engineers will work on the Incident during Standard Hours to provide a Workaround or Resolution. If RapDev fails to provide a Workaround or Resolution within 72 Standard Hours, the Incident will be escalated to senior engineering personnel. If a Workaround is provided, Customer acknowledges Resolution may not occur until a regularly scheduled release of future updates to the Services.

4. Other Support Requests. RapDev will acknowledge receipt of all other Support Requests within 48 Standard Hours.