Service Level Agreement

SERVICE LEVEL AGREEMENT

Effective date: January 1, 2022

Last updated: January 1, 2022

This Service Level Agreement (“SLA”) supplements and is incorporated into your Little Bird Master Terms and Conditions, or other similar agreement you may have executed with LevelUp Holding Co, Inc. d.b.a. LittleBird (“Agreement”). To the extent there is a conflict between the Agreement and this SLA, the terms of this SLA will control.

1. General Support Service Availability  

   1. Hours of Coverage. Support resources are available 24 hours per day, seven days per week, including Holidays.

   2. Availability and Performance.  LittleBird is committed to delivering the Services, as discussed in the Agreement, with a monthly average uptime availability of 99.99%, excluding downtime for scheduled maintenance.

   3. Scheduled Maintenance and Release Management. Scheduled maintenance or releases during which you may experience downtime or performance degradation will be performed during off-peak hours (defined as weekdays between 11:00 pm and 6:00 am and 6:00 pm Saturday through 12 pm Sunday, Central Time) and will be exempt from the uptime metrics defined herein in Section 1.2 Availability and Performance and generally limited to less than 2 hours during weekdays. Notification of scheduled downtime or service impacting maintenance/releases will be provided no less than three (3) business days prior to occurrence, except in emergency situations. Maintenance/releases that do not cause downtime or degrade service are not subject to off-peak windows.

2. Severity Levels and Escalation

General.  The following Severity Levels have been defined by LittleBird and have an associated escalation and notification process. The invocation of a Severity Level refers only to the impact on you to a situation outside of normal operation of the Software and Services, and does not imply failure to operate under the parameters of this SLA, or the Agreement. For example, if a third party content provider is experiencing issues, LittleBird may go to a level of “Severity 2”, even though LittleBird owned/operated components governed by this SLA Agreement are still performing within normal parameters.

1. Severity 1 (“S1”).  Severity 1 is defined as an issue causing complete loss of Services for all LittleBird customers. 

    An S1 issue has one or more of the following characteristics:

• Data corruption - physical or logical data is unavailable or incorrect.

• System crashed repeatedly - a process fails and continues to fail after restart attempt.

• Critical functionality is not available - a process cannot continue when a vital feature is inoperable.

• System hangs - This includes cases where the process hangs indefinitely; severe performance degradation causing unreasonable waits for responses or delays in processing; and time out errors.

Resolution Timeframe Goal for Severity 1 Issues:

• LittleBird will provide Notification to you of all S1 issues within 15 minutes of discovery.

• First substantive status update to be provided within 1 hour (RBH) or 2 hours (OBH), to be followed by updates as appropriate.  

• Steps to resolve S1 issues will be communicated with expected resolution time. LittleBird will make commercially reasonable efforts to resolve the issue as quickly as possible. 

• LittleBird will provide an escalation plan for S1 situations.  Any messages received via emergency voice-mail will be responded to with a resolution or update within 15 minutes either to you directly or via Notification to all affected LittleBird customers.

• Resolution goal is within one (1) business day.

2. Severity 2 (“S2”).  Severity 2 is defined as an issue that causes an internal error, or incorrect behavior causing severe loss of service. No acceptable workaround is available; however, operations can continue in a restricted fashion.  

    An S2 issue has one or more of the following characteristics:

• Internal error, causing system to fail, but restart or recovery is possible.

• Severely degraded performance due to internal error.  An example would be degraded performance of 20% or more.  

• Important functionality is unavailable, yet the system can continue to operate in a restricted fashion.

Resolution Timeframe Goal for Severity 2 Issues:

• LittleBird will provide an escalation plan for S2 situations.  Any messages received via emergency voice-mail will be responded to with a resolution or update within one (1) hour during RBH or within one (1) hour of the start of RBH.

• First substantive status update to be provided within four (4) hours (RBH) or next business day (OBH), to be followed by updates as appropriate. 

• Responses will either be to you directly or via Notification to all affected LittleBird customers.

• Resolution goal is within two (2) business days.

3. Severity 3 (“S3”).  Severity 3 is defined as an issue that has been reported or observed, but is either sporadic or localized to a region or segment of customers, or is not observed by LittleBird.

An S3 issue has one or more of the following characteristics:

• Multiple customers report an issue that is unverified by LittleBird.

• An Internet problem with LittleBird is causing a noticeable delay in content delivery.

Resolution Timeframe Goal for Severity 3 Issues:

• LittleBird will provide an escalation plan for S3 situations.  Any messages received via emergency voice-mail will be responded to with a resolution or update within two (2) hours during RBH or within two (2) hours of the start of RBH.

• First substantive status update to be provided within eight (8) hours (RBH) from the initial response or next business day (OBH), to be followed by updates as appropriate.  

• Resolution goal is within ten (10) business days.

3. Support Procedures

General.  The invocation of a support procedure refers only to the impact on you to a situation involving the normal operation of the Software (as defined in the Agreement) including the use and functioning of the software itself.

1. Service Request Submission.  All Service Requests should be submitted via the LittleBird Mobile App, the LittleBird Web Portal, via email, or by leaving a voicemail on our technical support line. LittleBird will prioritize the service request and respond according to the procedures outlined below. LittleBird reserves the right to establish or change the priority of any service request based on guidelines established by LittleBird. If you would like to escalate the priority of an issue, you should request escalation through the ticket created for the service request. 

2. Critical – Priority 1 (“P1”).  Service Requests falling in this P1 category will require an immediate fix. No work-around is available.  First substantive status update to be provided within 1 business hour. Updates will be communicated at a mutually agreed upon frequency. 

    A P1 issue has one or more of the following characteristics:

• A high percentage of one or more your critical functions are unavailable/severely impacted.

• Major component or function failed or is not accessible.

• Security standards and/or data integrity are not met.

• Service request has potential financial liability.

• One or more your associate links are down or experiencing slow response causing high percentage of time outs.

Resolution Timeframe Goal for Critical Service Requests:

• First substantive status update to be provided within one (1) hour (RBH) or two (2) hours (OBH), to be followed by updates as appropriate.  

• Resolution goal is 24 hours and correction will be deployed as soon as is feasibly and technically possible, to include around the clock efforts.   

3. High – Priority 2 (“P2”).  For service requests falling in this P2 category, a work-around is available but is not viable or intuitive.  First substantive status update to be provided within 1 business day.  

    A P2 issue has one or more of the following characteristics:

• Essential component or critical function failed or is not accessible but only for specific users. 

• Essential component or non-critical function failed or is not accessible.

• Service request has potential financial liability.

• Essential component or function is degraded in a specific area, but does not affect the intended use of the entire system.  

Resolution Timeframe Goal for High Service Requests:

• High service requests will be addressed within a maximum of two (2) full release cycles, not to exceed three (3) months.  

4. Medium– Priority  3 (“P3”).  For service requests falling in this P3 category, a work-around is available and is viable for users and administrators.  First substantive status update to be provided within 1 business day.  

    A P3 issue has one or more of the following characteristics:

• Non-essential component or function failed or is not accessible for specific users.

• Non-essential component or function is experiencing intermittent failures, error messages, or time-outs. 

• Non-essential component or function does not work exactly as designed.

Resolution Timeframe Goal for Medium Service Requests:

• Medium service requests will be addressed within a maximum of four (4) full release cycles, not to exceed six (6) months.  

5. Low– Priority  4 (“P4”).  For service requests falling into this P4 category, no work-around is required. First substantive status update to be provided within 2 business days. These service requests typically highlight minor issues that do not impact your ability to use the application.  

    A P4 issue has one or more of the following characteristics:

• Non-essential component or function is experiencing infrequent failures.

• Cosmetic issues or issues with informational items.

• Text does not show exactly as expected.

Resolution Timeframe Goal for Low Service Requests:

• Low service requests will be addressed within one (1) year unless otherwise agreed.  

4. Security

   1. Definitions. The following definitions apply to this Section 4:

1. “Data Laws” means any and all current and future laws, rules, regulations, and/or directives (whether foreign, federal, state or local) including those that protect Personal Data from unauthorized processing, disclosure, use, or reproduction, or that trigger a duty to notify an individual whose Personal Data has been, or may have been, the subject of unauthorized access or acquisition.

2. “Personal Data” means any information that is capable of identifying a natural person, which may include but is not limited to: name, address, telephone number, e-mail address, social security number, national identification number, driver’s license number; state-issued identification card number; and/or an account number, credit or debit card number, in combination with or without any required security code, access code or password that would permit access to an individual’s account. “Personal Data” also includes any other data, such as, but not limited to, identifiers, including biometric identifiers, demographic or behavioral data, when such data, either alone or in combination with other data identifies or has the capacity of identifying, a specific person.

3. “Protected Data” means any Personal Data, and any other information that is protected by any applicable Data Laws, which is provided to LittleBird by or at the direction of you, created or obtained by LittleBird on your behalf, or is information to which access was provided to LittleBird by or at your direction, in the course of LittleBird’s performance under the Agreement.

2. Compliance with Laws. You and LittleBird will comply with all laws, rules and regulations applicable to it and binding on it in the performance of this SLA, including any and all current and future Data Laws.

3. Processing of Data. To the extent LittleBird processes Protected Data on your behalf, it will do so in accordance with your documented instructions and applicable Data Laws. To the extent additional documentation or the execution of additional agreements are required for the processing of data to comply with applicable Data Laws, the parties shall cooperate in good faith to provide such additional documentation and/or execute such additional agreements as necessary.

4. Confidentiality of Data and Security Standards. LittleBird shall maintain the confidentiality of Protected Data using the same degree of care LittleBird employs in maintaining in confidence LittleBird’s own information of a like nature, but in no event using less than a reasonable degree of care. LittleBird implements and maintains administrative, physical and technical safeguards to prevent unauthorized collection, storage, disclosure, disposal, use of, and access to, Protected Data by it or LittleBird personnel.