Binah Team Service Level Agreement

1.Overview

This Service Level Agreement (“SLA”) details the service level commitments associated with the Services provided by Binah.ai (the “Provider”), pursuant to the terms of services (the “Terms”) by and between Provider and Customer (the “Customer”).  Capitalized terms used but not defined in this SLA shall have the meanings given to them in the Terms.

2. Minimum Service Level Commitment

Provider commits to use commercially best efforts to maintain 99.9% monthly minimum Availability for the Services. 

2.1.  Availability

The Services shall be deemed to be “Available” at any given time if the Customer is able to access substantially all of the Services and use it functionalities without interruption or delay, excluding any Excused Outage as defined under Section ‎2.2.

The Availability of the Services for each month shall be calculated per the following formula:

(A – (B – C)) / A

where “A” means the total number of minutes in a month; “B” means the total number of minutes for which the Services is not Available in such month; and “C” means the total number of Excused Outage minutes in such month, with the result expressed as a percentage.

2.2. Excused Outages

An “Excused Outage” is any time period during which the Services is experiencing an outage that is caused by: (a) Scheduled Down Time; (b) communication disruptions in internal network or Internet connectivity originating from a party other than Provider or its service providers; (c) faults within third-party software or systems that are not directly controlled by Provider or its service providers; (d) acts or omissions of Customer or end users of the Services; (e) general internet outages affecting all ISPs for Company’s data centres or all ISPs for Company’s IaaS providers’ or; (f)  force majeure events.

2.3. Constant backup Service 

The platform data is being backup frequently, at least once a day. This backup will be used for data restore in case of failure.

2.4. Scheduled Down Time

Scheduled Down Time means period scheduled to perform service maintenance, upgrades, and testing of failover capabilities. This period will be scheduled by region on low volume days of the week. The Provider will use reasonable efforts to provide Organizational Users with 48 hours advanced notification of any scheduled downtime and to provide end-users with any advanced notification in connection thereof. 

3. Support Response Time

Provider will be available 24/7 for customer support (excluding U.S. national holidays). Provider will respond to all support e-mails placed by Customer, and following initial contact using the support e-mail, Provider will respond within a time frame which is determined based on priority.  “Support Response Time” is the time it takes for a Provider support personnel to initially respond to a reported issue, based on the priority level.  This is measured on a per incident basis.  Priority levels are used to categorize an issue based on the potential impact of the problem to Customer. 

4. Customer Support

4.1. Priority Definitions 

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Business Hour” shall mean an hour during a Business Day.

Business Day” shall mean a day on which U.S banks are open for business.

4.2. It is clarified that in the event of an error being Work Around by the Provider, then the Priority of such error shall be down by one Level.

For the purpose of this Section “Work Around” shall mean circumvent an error without getting the solution thereof.

4.3. Notwithstanding anything to the contrary herein, it is clarified that the Provider shall provide maintenance and support solely for the most updated version of the software and for the two previous versions thereof, provided that the Provider will notify of any update being made in connection with the software.

4.4. Status Definitions

The support services status with respect to each of the reported issues specified in Section ‎‎5.1 shall be in accordance with the following milestones:

(a)       OPEN – As long as Provider has not identified the cause for an issue for which a support ticket has been opened.

(b)      PENDING – Provider has identified the cause for the issue for which a support ticket has been opened and the item is being addressed but has not yet been closed.

(c)        CLOSED – Issue resolved OR issue for which Provider and Customer or the end-user jointly agree to close the support ticket or defer the issue.