Service Level Agreement

SLEEP PERFORMANCE INC., D/B/A FATIGUE SCIENCE

Except as otherwise expressly set forth in this Service Level Agreement (“SLA”), the defined terms used in this SLA shall have the same meanings as the defined terms in the Agreement.

“Working Hours” is defined as a time within the standard support hours:

  • Monday – Friday: 9:00 to 17:00 Pacific Time / 15:00 to 01:00 Greenwich Mean Time

“Extended Hours” is defined as a times outside of “Working Hours”, in which high priority and above items will be addressed, as well as Tier 1 customer items:

  • Monday – Friday: 3:00 to 7:00 Pacific Time / 11:00 to 01:00 Greenwich Mean Time
  • Monday – Friday: 21:00 to 23:00 Pacific Time / 5:00 to 07:00 Greenwich Mean Time
  • Saturday – Sunday: 7:00 to 22:00 Pacific Time / 12:00 to 06:00 Greenwich Mean Time
  • British Columbia statutory holidays
  • *non-continuous support queue triaging and actioning

“Off Hours” is defined as a period outside of Working Hours and Extended Hours.

“Target Response Time” is defined as the time elapsing from receipt of the request to Fatigue Science initiating action to resolve the issue. The time to arrive to a solution may be longer. The Subscriber will be informed of the status of Subscriber’s request within the response times listed above.

“System Uptime” means the total amount of time during any calendar month (24 hours a day, 7 days a week), measured in minutes, during which the Subscriber will have the ability to access the Solution.

“Scheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which Subscriber is unable to access the Solution due to planned Solution maintenance performed by Fatigue Science as set forth below.

“Unscheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which Subscriber is not able to access the Solution other than Scheduled Downtime as defined above.

Fatigue Science will respond to error correction requests according to the urgency of the request as specified below:

CATEGORY

TARGET RESPONSE TIME

CATEGORY GUIDANCE

Emergency 2 working hours An error that renders the whole Solution, or a substantial part of it, inoperative, and which is not clearly due to Subscriber’s server/software setup.
High priority 4 working hours An error that results in partial or intermittent failure of the Solution.
Medium priority 1 working day Errors that do not affect critical parts of the Solution.
Low priority 2 working days Other inquiries and minor errors/error messages.

Support tickets can be logged 24/7, 365 days a year by emailing help@fatiguescience.com. Support tickets will be responded to by technical support team members during Working and Extended Hours. Fatigue Science provides Off Day support coverage for handling Emergency and High priority issues. Escalation and Emergency procedures are well defined to ensure proper response plans are executed. Personal mobile devices, ReadiWatches and other wearable devices are not considered part of the Solution so personal mobile devices, ReadiWatch or other wearable configuration or usage issues are not in scope for the SLA.

Category may be changed by Fatigue Science’s personnel if request is not in accordance with specification in the above table. Error reports should be accompanied by a detailed description of events immediately preceding the occurrence of the error, and should, if possible, attach a copy of the error message, if any. Error correction shall be limited to errors occurring in the course of normal use of the Solution. Errors will be triaged and either corrected by means of temporary measures (“patching”) or included in subsequent software releases depending on severity.

Fatigue Science is not responsible for errors or malfunctions in the Solution caused in whole or in significant part by the Subscriber or its employees’ negligence or accidents and other events for which Fatigue Science is not responsible. Fatigue Science targets 99.99% System Uptime, excluding Scheduled Downtime. Scheduled Downtime shall be no more frequently than every other week and for no longer than two (2) hours per scheduled maintenance. If any exception to the 2 hours window is required, Fatigue Science will provide at least two (2) weeks’ notice.