Internet of Things (IoT)  Service Level Agreement (SLA)

Impact Technology Systems LLC Service Level Agreement (SLA)

We are Impact Technology Systems LLC ("Impact", "our", "us" or "we").

This Service Level Agreement (this “SLA”) sets out the agreed service levels, incident response and resolution times for the Services.

AGREED PROVISIONS

1.  DEFINITIONS AND INTERPRETATION

Words and phrases defined in End User Agreement to which this SLA is attached (the “Agreement”) apply in this SLA together with the following:

"Availability"

Means accessibility of the Services by end users (each, an “End User”), measured on a calendar-yearly basis and calculated by subtracting from one hundred percent (100%) the percentage of minutes of Downtime during the year, not including Planned Maintenance.

"Business Hours"

Means the normal business hours of the Party responsible for the Support Services at issue.

"Business Day"

Means any day other than a Saturday, Sunday, bank or public holiday in the United States.

"Critical"

Means Services necessary for the core functionality of the Service as specified in Section 2.

"Downtime"

Means each minute or portion thereof in which there is no access by Customer and End Users to the Services.

"End User"

Means an end user of the Services

"Incident"

Means an operational occurrence that is validated by myDevices
as a degradation of the Services. 

"Non-Critical"

Means Services not necessary for core functionality of the Services as specified in Section 2.

"Planned Maintenance"

Means a prescheduled period of system maintenance during which there is no Availability to the Services or significant component thereof, including for upgrades, patches, version updates and infrastructure maintenance.

"Response"

Means a response to a Support Request.

"Response Time"

Means the time that it takes for the Party providing Support Srevices to provide its first Response.

"Restoration"

Means the implementation of a solution that restores performance and functionality in response to an Incident, such that the Incident cannot be replicated with the expenditure of a reasonable amount of effort.

"Restoration Time"

Means the time that it takes for the Party providing Support Services to provide a Restoration.

"Services"

Means the services provided by Impact as implicated by the Agreement, including the Impact Customer/End User Mobile App, Web Dashboard and Back-end Cloud services.

"Support Request"

Means any request submitted by an End User for support in relation to any aspect of the Services, including of an Incident;

"Support Services"

Means the process of providing help and assistance to an End User and/or Customer, as applicable, and comprises the Tier 1, Tier 2 and Tier 3 Support Services.

"Tier 1 Service Support"

Means liaising directly with End Users in answering or responding to Support Requests in relation to the Services.

"Tier 2 Service Support"

Means: (i) categorization of Incidents reported or identified in Support Requests, (ii) attempted Restoration of such Incidents, and (iii) follow-up calls to End Users for one-on-one assistance to solve such Incidents.

"Tier 3 Service Support"

Means support for difficult and advanced issues raised by Incidents that cannot be solved by Tier 1 and Tier 2 Support.

TIER 1 SERVICE SUPPORT AND 2 SERVICE SUPPORT

  • (1) Impact will provide and manage Tier 1 Service Support and Tier 2 Service Support through its normal and established customer-support facilities.
  • (2) Impact will use reasonable efforts to resolve Incidents that require Tier 1 Service Support and Tier 2 Service Support and will escalate Incidents to Tier 3 Service Support only when it is unable, despite such reasonable efforts, to resolve such Incidents.
  • (3) For all Incidents that Impact and End User are unable to resolve through the use of Tier 1 Service Support and Tier 2 Service Support, Impact and/or End User can request support directly from myDevices by submitting a request https://iotinabox.zendesk.com/hc/en-us/requests/new.

TIER 3 SERVICE SUPPORT

  • (a) myDevices will provide and manage Tier 3 Service Support through its normal and established customer-support facilities.
  • (b) myDevices will use reasonable efforts to resolve Incidents that require Tier 3 Service Support.

2.  SERVICE TIERS

ServiceTier
Cloud ServicesCritical
Account Signup and SigninCritical
Data HistoryCritical
SMS/Email NotificationsCritical
Daily ReportsCritical
FeaturesNon-Critical

3.  SUPPORT COMMITMENT

  • (a) Impact provides access to the Services on a 24x7 basis at a yearly Availability of 99% (“Services Uptime Metric”).
  • (b) Impact will use reasonable efforts to provide Tier 1 Service Support and Tier 2 Service Support based on the Tier and its applicable Response Time set forth below.
  • (c) myDevices will use reasonable efforts to provide Tier 3 Service Support, and support for Incidents that an End User is unable to resolve through the use of Tier 1 Service Support and Tier 2 Service Support for which such End User requests support directly from myDevices by submitting a request at https://iotinabox.zendesk.com/hc/en¬us/requests/new, based on the Tier and its applicable Response Time set forth below.
TierResponse TimeRestoration Time
CrititalWithin (4) hours of the Support Request, if the Support Request is during Business Hours;

Within twelve (12) hours of the Support Request, if the Support Request is not during Business Hours
Within one (1) Business Day of the Support Request.
Non-CriticalWithin twelve (12) hours of the Support Request.Within seven (7) Business Days of the Support Request.
  • (d) All periods of time specified in the table above will be measured by way of actual time elapsed. The Parties each agree to cooperate with one another, including by way of the exchange of information detailing Incidents and related issues that may affect Support Services.

4.  CHANGE MANAGEMENT

  • (a) The Parties will each use commercially reasonable efforts to adhere to the following procedures in respect of any periods of Planned Maintenance.
  • (b) Impact will use a continuous deployment model for updating the Services. Due to the frequency of updates in a continuous deployment model, no notice will be given. Impact will undertake testing both pre-implementation and post-implementation.
  • (c) Planned Maintenance may be necessary to enable Impact to carry out maintenance in relation to the Services. Impact will use commercially reasonable efforts to keep Planned Maintenance to a minimum and notify Customer in advance if it is anticipated that Planned Maintenance will last longer than one (1) hour, including:
  • Summary of the maintenance, upgrade and/or enhancement to be undertaken during the Planned Maintenance;
  • Estimated start time and end time of the Planned Maintenance;
  • The anticipated impact that the End User is likely to see during and after the Planned Maintenance;
  • The actions of Impact and/or End Users that are required during the Planned Maintenance, if any; and
  • The geographic details of the Planned Maintenance, if any.

5.  BOUNDARIES AND EXCLUSIONS

The Services Uptime Metric will not be affected by performance issues caused by:

  • Impact and/or End User equipment or third-party computer hardware, software, or network infrastructure not within the sole control of Impact, including:
  • Unavailability of AWS hosting services;
  • Unavailability of third-party cloud service integrations;
  • Unavailability of third-party SMS and Email notification services;
  • Unavailability of LoRa network; and
  • Outdated operating systems, internet browsers, phones and tablets that are not supported.
  • Planned Maintenance

6.  SECURITY CREDITS

If Impact fails to meet any service level set forth in this SLA for two (2) months in any successive twelve (12) month period, End User will be entitled, as its sole and exclusive remedy, to a service credit of one (1) full month’s fees for the service at issue for the End User accounts that suffered a material adverse effect as a result of such failure. Such credit will be applied to End User's account in the billing/payment period after the second of the two (2) months in which the service level was not met.

7.  SECURITY AND BACKUPS

  • Impact will create daily backups of critical (meta) data, including all data found in Impact IoT Solutions for End Users, gateways, devices, alerts, report, sensor maps, companies and locations.
  • Impact will use encrypted communication from endpoints to gateway to cloud.