1. Maintenance Services.
a. Mitiga will provide Customer with remedial and preventive maintenance and support services to the Mitiga proprietary cloud-based platform, including underlying SaaS software identified under the applicable order form (“Platform”), as provided in and subject to the terms set forth in Mitiga's service level agreement (the “SLA”) as detailed herein (“Maintenance Services”) to keep the most current release of the Platform in good operating condition.
b. Mitiga’s obligation to provide Maintenance Services is dependent upon: (i) the agreement between Mitiga and the Customer (the "Agreement") being in effect; and (ii) the performance by Customer of all its obligations set forth in the Agreement and the obligations set forth herein.
c. Mitiga shall not be obligated to provide Maintenance Services in accordance herewith, that are required as a result of any of the following: (i) Customer’s abuse, misuse, accident or neglect of the Platform; or (ii) repairs, alterations, customization and/or modifications to the Platform performed by a party other than Mitiga or Customer at Mitiga’s direction; or (iii) use of hardware, software or services by the Customer which do not comply with Mitiga’s requirements; or (iv) use of the Platform for other than the intended purpose for which it was licensed; or (v) alternations, modifications or integration of the Platform with third party software not provided by or recommended by Mitiga or otherwise contemplated by Mitiga’s documentation; or (vi) any use of the Platform in breach of the Agreement.
2. Updates and New Versions.
a. During the term of the Agreement, Mitiga shall update the Platform as it determines is required to achieve the specifications established by Mitiga for the Platform (the "Updates"). For the avoidance of doubt, Updates shall only include such modules of the Platform licensed by Customer, under the Agreement. The Updates will be made available to Customer at no additional cost.
3. Service Level Agreement (“SLA”)
a. Mitiga will support Customer with problems generated directly by and as part of the use of Platform, as defined herein, including support for technical problems, implementation and documentation errors. For the purpose of this SLA, the terms technical problems or installation problems shall be defined herein as defects (“Defects”).
4. Initiating Support Requests
a. Support calls shall Initiated by a designated individual nominated by Customer (the “Representative”) by an email to support@mitiga.io or via mutual Slack or Microsoft Teams as defined and agreed by both parties during onboarding.
5. Handling of Support Requests
a. Customer Support Team (CST) shall recreate the Defect reported.
b. Mitiga will make reasonable commercial efforts to resolve Defects in accordance with such Defects’ severity.
c. Mitiga may request from the Representatives:
i. To provide additional information (e.g., screen shots, log information etc.).
ii. To perform troubleshooting activities to enable identification of the source of the reported problem.
iii. To perform certain changes in Customer’s SaaS and cloud environments, including but not limited to configuration changes.
d. Mitiga will not support or provide solutions to problems (i) that were not generated directly by or on the Platform, including but not limited to, problems generated by Customer’s cloud providers, database, network components, operating systems, applications or integration with other systems; or (ii) in a part of the Platform that has been customized or otherwise modified by someone other than Mitiga or Customer at Mitiga’s direction; or (iii) If Customer did not implement any required step or procedure directed by Mitiga.
e. Customer Support for the Platform covers (i) development and production issues for the Platform and its components, (ii) Informational and implementation questions about the Platform and features; and (iii) troubleshooting operational problems with the Platform.
6. Termination Right
a. If the Platform fails to meet the Availability commitment set forth in Section 7.a. of this Exhibit for any three (3) consecutive months or for four (4) months during any twelve-month period, Customer may terminate the Platform without further liability and receive a refund of any unused prepaid fees paid to Mitiga.
7. Availability
a. Mitiga shall make the Platform available 99.9% of the time, excluding only the time the Platform is not available solely as a result of one or more Exceptions.
b. Exceptions. The following cases of downtime will not be included in any calculation of the above availability (“Exceptions”):
i. problems at third party cloud providers or SaaS applications;
ii. defects that Mitiga provided it is not able to reconstruct;
iii. by-design functionality which is reported as defect;
iv. unsupported data source;
v. Customer has failed to provide Mitiga with required access or means to fix the Defect;
vi. internet or other network traffic problems at Customer’s location; or
vii. scheduled downtime.
8. Priority Levels of Defects
a. Initial response for Defects will be provided based on the severity of the Defect as follows:
i. Triage Times and Availability
ii. Mitiga makes reasonable efforts to triage every Defect as soon as possible. Mitiga does not guarantee resolution times or delivery dates as these times are subject to change depending on the nature of a case and complexity of the reported case.
b. Customer acknowledges that not all Level 3 problems will require a workaround. Mitiga may, in its reasonable discretion, respond to a Level 3 problem by making correction of the error a feature request or an enhancement request.
c. Triage time is defined as the time between the creation of the case and the first attempt of a Mitiga support engineer from CST to contact the Customer who initiated a case.
d. The severities set forth in the table above apply to systems in production, whereas errors in non-production systems (test, development, sandbox) will be automatically downgraded one level.
e. Problems with Platform onboarding have Priority 2 at a maximum.
f. The CST’s standard business hours are Monday through Friday, 8:00 AM - 4:00 PM EST. When Customer initiates a case outside standard business hours, then the case will be handled as if it was initiated at 8:00 AM the next business day.
g. The response times set forth in the table above apply only if Customer has provided Mitiga with detailed e-mail communication via support@mitiga.io.
