This Service Level Agreement (“SLA”) sets forth the uptime and support service levels for the Services.  Any capitalized terms in this SLA, if not defined below, are as defined in Arist’s Terms of Service Agreement available at https://arist.co/legal/terms-of-service (“Agreement”).

1.         Definitions.

a.              “Available” or “Availability” means that the Platform is accessible and functioning in all material respects per Arist’s published documentation. 

b.             “Business Day” means a day other than a Saturday, Sunday or United States public holiday.

c.              “Business Hours” means the hours from 9:00 am until 6:00 pm Eastern Time on Business Days.

d.             “Calendar Month” means the period between the first day of each successive calendar month.

e.              “Downtime” means the minutes during the Calendar Month when the Platform is not Available to the Company, except for any Excluded Minutes.

f.               “Excluded Minutes” means the minutes elapsed while the Services are not Available because of: (i) acts or omissions of the Company, its Permitted Users, licensors, service providers, suppliers or subcontractors; (ii) breach of the Agreement by the Company or its Permitted Users; (iii) the Company or its Permitted Users’ failure to adhere to the Arist documentation; (iv) software, hardware or third-party services not selected, provided or controlled by Arist; or (v) Force Majeure.

g.             “Incident” means a problem reported by the Company that is reproducible and that Arist confirms is a nonconformity of the Services with Arist’s published specifications or documentation, and that results in a loss of all functionality or substantial features or functionality within the Services.

h.             “Level 1 Support” means call answering, logging and screening for the severity level of a reported problem and use of commercially reasonable efforts to diagnose the root cause of the problem.  Problems that are confirmed to be Incidents will be escalated to Level 2.  

i.               “Level 2 Support” means end user support following Level 1 Support to address Incidents in accordance with their relative severity.

j.               “Maximum Uptime” means total minutes in a Calendar Month minus Maintenance Minutes during the same Calendar Month.

k.              “Maintenance Minutes” means the minutes elapsed during maintenance performed by Arist that results in the Services not being Available, during the Maintenance Window or where Arist has provided the Company with reasonable advance notice.

l.               “Maintenance Window” means 8:00 PM - 8:30 PM (Pacific Time Zone) on Saturdays.

m.            “Response Time” means the minutes elapsed between when Arist acknowledges receipt of Company’s Support Services request and when the request is resolved as determined in Arist’s sole discretion.

n.             “Uptime Percentage” means the Maximum Uptime minus Downtime and divided by Maximum Uptime for a Calendar Month.

2.         Uptime.  

a.              Arist will use commercially reasonable efforts to make the Services Available each Calendar Month in accordance with the following Uptime Percentage: ≥ 99.00%.

b.             Arist maintains a standing scheduled Maintenance Window.  Arist may schedule additional scheduled Downtimes outside of the Maintenance Window by providing the Company with reasonable advance notice via the agreed upon communication protocol.  Arist reserves the right to perform regularly scheduled maintenance during non-core Business Hours.

3.         Support. 

a.              Arist will provide customer support during the term of an active subscription as described herein (“Support Services”).

b.             Arist will use commercially reasonable efforts to make available to the Company and its Permitted Users email reporting via support@arist.co (or such other email designated by Arist) for submission of Support Services requests.  Arist will acknowledge each submitted email request within the time period described in the tables below, after Arist’s receipt.

c.              Arist will use commercially reasonable efforts to update the Company requestor on the status of the Support Services request.

d.             Arist will prioritize resolving Support Services requests for an Incident that, as determined in Arist’s sole discretion, critically impacts the Company Permitted Users’ use of the Services, over all other Support Services requests.  Arist will provide the Support Services during Business Hours.  Services issues and their priority are defined as follows: