Service Level Commitment

General

During the Term, Customer may request Support Services by contacting EnFi via email at support@enfi.ai.

“Support Services” include the following:

  1. access to knowledge base content, FAQs, training videos and community forums hosted and made available generally to customers by us from time to time;
  2. technical and operational assistance for the use of the Software, including responses to general, short-duration questions about the documented features and functionality of the Software and usage thereof, management of user accounts for Authorized Users, assistance with interpretation and use of the Documentation, and assistance with interpretation of error or warning messages appearing in dashboards or alerts;
  3. attempts to respond and resolve any Downtime (as defined in Exhibit B below) or other reproducible failure of the Software to perform in accordance with the Documentation (each, an “Error”), in each case in accordance with the commitments below; and
  4. case management to help track the status of any failures reported to EnFi.

However, Support Services do not include (1) support for software or hardware that is not part of the Software (including support for any part of Customer’s equipment, products or technology infrastructure), (2) on-site dispatch of EnFi personnel, (3) formal, comprehensive training of Authorized Users on use of the Software, (4) on-site or remote support to configure or customize the Software for Customer, or (5) performance of any other professional, implementation, configuration, consulting or advisory services (provided that items (3) through (5) may be separately provided Services to the extent expressly agreed to in an Order).  Customer must provide all information and assistance that EnFi reasonably requests in connection with providing such Support Services.  EnFi reserves the right to charge Customer at an hourly rate (on a time-and-materials basis) for support services provided (x) outside of EnFi’s Business Hours (as defined below), or (y) in connection with a request EnFi reasonably determines is outside the scope of the Support Services described above, provided that in each such case EnFi will provide a quote to Customer and obtain Customer’s approval before incurring any such additional Fees or charges.

Additionally, during the Term, EnFi will install on the version of the Software being used by Customer any improvement, update, upgrade, release or other adaptation, modification or new version of the Software that EnFi generally makes available to its customers under support without the payment of any additional fee.  Customer may provide requests for other enhancements to the Software in writing to EnFi.  EnFi will consider such requests, but is not obligated to accept any such request.

All Support Services will be provided in English only.

Support Services are offered and available only during Business Hours, except as expressly described below in regards to Urgent- and High-level Errors.

EnFi shall have no obligation to provide support directly to anyone other than the Customer Administrators as described below.

Support – Response and Target Resolution

When a support issue is reported by Customer and such report is received by EnFi, EnFi shall provide an Initial Response (as defined below), shall provide periodic status updates, shall apply the specified efforts, and shall use commercially reasonable efforts to resolve the issue within the specified target resolution time, in each case in accordance with the table below:

Severity Initial Response Status Updates Efforts Applied Target Resolution
Urgent If received during Business Hours: Within 2 hours
If received outside of Business Hours: Within 1 hour measured from the start of Business Hours on the next Business Day		 Every 90 minutes during Business Hours Continuous efforts from all available resources, during Business Hours 4 hours, measured only during Business Hours
High If received during Business Hours: Within 4 hours
If received outside of Business Hours: Within 4 hours measured from the start of Business Hours on the next Business Day		 Every 3 hours during Business Hours Continuous efforts from all available resources, during Business Hours 1 Business Day
Normal Within 1 Business Day At least once per Business Day As available resources reasonably permit, during Business Hours 3 Business Days
Low Within 2 Business Days Weekly N/A N/A

The table below describes each of the severity levels available for support incident tickets and the environment for which the ticket can be open under that severity:

Severity Description Available For
Urgent (highest) Complete loss of service, no workaround exists, and Customer's business operations are severely adversely impacted as a result. It does not include development issues or problems in staging or other pre-production environments. Production Environments
High Partial loss of service or a highly significant function or feature is completely unavailable or inoperable or severely lagging or impaired, no workaround exists, and Customer's business operations are severely or moderately adversely impacted as a result. Problems that would otherwise qualify as Urgent-priority problems but that are in a staging or other pre-production environment will qualify as High-priority problems. All Environments
Normal Problems that would otherwise qualify as Urgent- or High-priority problems but for which a workaround exists (and the workaround resolves any severe or moderate adverse impact on Customer's business operations), or problems where Customer's business operations are only modestly adversely impacted (e.g., an inconvenience). All Environments
Low (lowest) No loss of service and the result does not prevent the operation of the Software, or any other problem that is not an Urgent-, High- or Normal-priority problem. All Environments

If EnFi is unable to replicate a reported issue, the report will be treated as if it were made when the issue can be replicated, so that EnFi has a basis for review.  All issues reported to EnFi will be handled based on the priority level assigned by Customer upon opening the support ticket, provided that EnFi reserves the right to reasonably question Customer on the chosen severity level and downgrade the severity level as the support ticket progresses.

Exclusions

“Errors” do not include: (i) malfunctions of any data, software, hardware or interfaces not supplied by EnFi; (ii) problems caused by accident, neglect or misuse by Customer, Authorized Users or third parties; (iii) problems caused by failure or fluctuations in electrical power or hardware; or (iv) failure of Customer to fulfill its obligations under its written agreements with EnFi.

Customer Duties

Customer shall provide any reasonable assistance requested by EnFi, under EnFi’s supervision and direction, in taking any actions that may be required in order for EnFi to replicate, diagnose, and remedy the cause of the issue reported to EnFi.  If necessary to replicate, diagnose, or resolve the problem, Customer shall provide EnFi with sufficient support and test time on Customer’s computer(s) and/or computer system(s).  Customer agrees to maintain a reasonable degree of familiarity with and training in the use of the Software.  EnFi’s support for Customer shall be limited to contact with three (3) named Customer employees (“Customer Administrators”).  Customer will provide written notice of the names of such persons, and will notify EnFi in writing should those persons change.  Customer shall provide support to Authorized Users.

Definitions

“Business Day” means Monday through Friday excluding EnFi holidays.

“Business Hours” means 8 a.m. to 6 p.m. Eastern Time (“ET”) on Business Days.

“Initial Response” means that EnFi shall do each of the following: provide an initial response from EnFi acknowledging receipt of the issue report, make an initial assessment as to the potential problem and arrange for appropriate follow-up activity.