Freetouch Service Level Agreement

Availability

Freetouch shall make the Services Available (as defined below), at least 99.9% of the time (“Service Availability Performance”), as measured during the course of each calendar month, throughout the Term.

“Availability” or “Available” means the Freetouch service and all related applications (collectively, the “Services” and each, a “Service”) are fully accessible by customer.

Calculation of Availability will exclude faults or failures due any Scheduled Downtime (as described below).

Scheduled Downtime

“Scheduled Downtime” means Service downtime that:

Lasts no longer than sixty minutes;
Is scheduled between the hours of 10:00 p.m. and 4:00 a.m., Pacific Standard Time
Occurs no more frequently than once per month

Freetouch may notify customer from time to time, to extend the duration of a Scheduled Downtime event to accommodate activities which require a longer timeframe to complete than the agreed sixty minute period. Notification will be sent via email no less than 48 hours ahead of any extended downtime event.

Freetouch shall notify customer via email at least 72 hours in advance of any Scheduled Downtime event.

Unscheduled Downtime

Freetouch shall notify customer within 30 minutes following a downtime that is not Scheduled Downtime (“Unscheduled Downtime”) via email and escalation protocol. Freetouch shall provide progress updates to Customer periodically until the Unscheduled Downtime is complete. For clarity, Unscheduled Downtime is included in the Availability and Service Performance Monitoring calculations.

Incident Support

Customer may contact Freetouch via our support portal 24 hours/7 days a week, however responses will generally be limited to Business Hours (as defined below). “Business Hours” means the hours of 9:00 a.m. to 6:00 p.m. Pacific time, Monday to Friday.

Fault definitions and prioritization

Priority	General Definition of Fault	Example Fault
P1 - Critical	A Service is down and completely unavailable, or A critical function of a Service is not operational, or Performance of a Service has degraded to a level which is not usable by Customer or a consumer using a Service.	Consumer using Customer’s interactive kiosk, attempts to utilize QR code from mobile device but the mobile application does not respond.
P2 - Medium	Significant components of a Service are not operating or are operating with significantly degraded performance, but such Service and content is still accessible by consumer.	Consumer using Freetouch mobile application is experiencing significant lag between their touch interaction and response on the corresponding touch screen.
P3 - Low	A Service is experiencing intermittent failures of components or degraded performance, but overall such Service is still usable by consumer	Consumer using Freetouch mobile application is experiencing moderate lag between their touch interaction and response on the corresponding touch screen, but service is still usable.

Initial Acknowledgment, Resolution and Follow-Up Communications

Freetouch will use commercially reasonable efforts to acknowledge, resolve and communicate with customers with respect to faults (whether discovered by Freetouch or reported to Freetouch by customer), in accordance with the times below.

Priority	Initial Acknowledgement	Resolution (Workaround)	Resolution	Follow-up Communication
P1	1 hour	4 hours	2 Days	1 hours
P2	4 business hours	8 business hours	5 Days	2 business hours
P3	4 business hours	16 business hours	7 Days	8 business hours

Initial acknowledgement, resolution and follow-up communication shall be measured from the time that the support request is received for P1 faults and (ii) received during Business Hours for P2 and P3 faults and if received outside of Business Hours, then the initial acknowledgement, resolution and follow-up for such P2 or P3 fault is measured from the start of Business Hours on the following day.