Service Level Agreement

A) Objective

This Service Level Agreement ("SLA") describes the levels of service and support that Customer will receive from Sweed.

Any capitalized terms used in this SLA that are not defined in the SLA will have the meanings given to them in the Order Form or the Master Services Agreement (“MSA”).

B) Services

1. Availability of Services

1.1. Uptime Levels: Sweed's infrastructure and software is available 24 hours a day, seven days a week, with a verifiable 99.95% uptime for production environments. Training and testing environments are available 24 hours a day, seven days a week, with a verifiable 99.5% uptime.

1.1.1. Uptime measurements exclude periods of scheduled downtime for maintenance. A maintenance window is scheduled for 12 am — 7 am EST nightly for the portal and POS system, and 3 am-5 am ET for the consumer-facing website. Sweed will notify Customer two business days in advance for scheduled downtime outside of the maintenance window. Downtime due to issues with Sweed's primary hosting vendors (Google, Amazon, Cloudflare, etc.) is excluded from Sweed's recorded downtime.

1.1.2. Remedy: Should the availability of service not meet the guaranteed uptime levels, and Customer requests a credit in writing, Sweed will credit Customer 10% of the monthly SaaS Fee for each 1 hour of downtime, up to 20% of Customer's monthly SaaS Fee for the affected service.

2. Technical Support

2.1. Incident Response and Resolution Time: The Following are the targets for response and resolution times for incidents that disrupt or could disrupt the availability of services. All customer support individuals will be English speaking.**Please note that ALL SLA clocks stop in instances where Sweed has requested additional information or details from the Customer to address their issue until that information is provided back from the Customer.**

2.2. Measurement: Response times are measured using Sweed's support ticketing system, which tracks all issues from initial reporting to resolution. Each issue will have a unique ticket number. Issues can be submitted to the ticketing system through email or online web form. If issues are reported by telephone, a ticket will be created by Sweed staff. The timestamp for the creation of the ticket determines the initial reporting time for that issue.

2.3. Remedy: Should the technical support response time not meet the guaranteed levels, and Customer requests a credit in writing, Sweed will credit Customer 1% of the monthly SaaS Fee for each hour of delay, up to 5% of Customer's monthly SaaS Fee.

2.4. Reporting: If requested, Sweed will provide Customer with a monthly report detailing new incidents or problems reported during the preceding month, the status of any open incidents or problems, and the time to resolution of any incidents or problems closed during the preceding month.

3. Customer Obligations and Tasks

3.1. Customer is responsible for providing a primary point of contact to Sweed for this SLA. This point of contact will:

3.1.1. Ensure that the Sweed software is used as intended,

3.1.2. Ensure that Sweed is notified of availability of services or technical support issues in a timely manner.

3.1.3. Serve as the interface between Sweed's technical support team and the Customer staff,

3.1.4. Obtain applicable access, information, data, and approvals as required by Sweed in order to perform the services,

3.1.5. Help resolve issues that may arise during the engagement.

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4.1. The total amount at risk under this SLA is 20% of the Customer’s monthly SaaS Fee for the month in question. In no event will Sweed be liable to Customer for or obligated to provide to Customer credits in excess of the total amount at risk with respect to any month. The credits stated in this SLA, up to the amount at risk, are the Customer’s sole and exclusive remedy and Sweed’s sole obligation with respect to any failure of Sweed to perform the Services in accordance with this SLA.

Service Level Agreement