Kognifai: Support and Service Level Agreement

This agreement represents a Support & Service Level Agreement (“SLA”) between Kongsberg Digital (“KDI”) and the Customer in respect to Customer’s use of the Kognifai Services (“Service”) as detailed in the relevant Partner Agreement and/or Subscription Agreement (“Commercial Agreement”) entered into between KDI and the Customer.

Support availability and communications methods

KDI will provide maintenance and user support as described below to maintain the Service in good working order. KDI will provide such maintenance and user support by telephone and email, in accordance with the service level objectives relevant to the tier of support elected by the Customer in the Commercial Agreement.

Requests not related to defects in the Service in operation, are regarded as billable operational service requests and not included in maintenance and user support.

The maintenance and user support telephone numbers and email address are:

Support 24 America      :           +1 866 994 7765
Support 24 Norway       :           +47 4000 1024
Support 24 Australia      :           +61 (0) 8 6141 3355
Support 24 UK              :           +44 (0) 1224 226 583
Main e-mail address     :           

Customer may notify KDI of any defect in the Service, and will designate any such defect as Priority 1, 2, or 3. On the request of KDI, Customer shall provide KDI with a written description of the defect, the circumstances where the defect occurred/was discovered, and with the test data required to analyse and remedy the defect. KDI will use all reasonable diligence to correct any reported defect in accordance with the response times below.

Defects reported by Customer to KDI as set out above shall be handled by KDI as follows:

PICT1

Notes:

  1. The table above applies to deployed software running in a KDI controlled production environment and previously accepted and approved by Customer.
  2. Customer and KDI will jointly prioritize issues according to these priority levels.
  3. If a defect is especially costly or difficult to remedy, KDI may, after consultation with the Customer, suggest to not remedy the defect. If the Customer does not agree with KDI, the defect and resolution approaches will, in a timely manner be reviewed by senior management from the parties with the express goal to arrive at an agreeable approach for how to remedy the defect.

Normal Business Hours shall be between 09:00 – 17:00 (CET) Monday-Friday

Service Level Agreement

Service Levels

This section sets out the different service levels which KDI will adhere to for the purposes of providing support and maintenance to the Customer. Within the Commercial Agreement the Customer must elect which of the following Tiers of support they will require.

PICT2

The table below outlines the service specific functions included within each tier of support:

PICT3

I = included

Service Functional Parameters Descriptions included in each support service level.

Tier 4 - Standard Support

PICT4

Tier 3 - Premier Support

PICT5

Tier 2 - Enterprise Support

PICT6

Tier 1 - Mission Critical

Pict7

Escalation Matrix

Pict8

Limitation of responsibility

KDI does not accept responsibility for problems related to the Customer’s PC build and configuration, proxy server configuration, network performance or problems that are related to 3rd party applications if applicable.

Further, KDI does not accept responsibility for cybersecurity incidents within customer controlled infrastructures, unless:

  • the incident is caused by, or through, vulnerabilities in one of the KDI applications or services, or
  • a managed cybersecurity service is part of the agreement/subscription

System maintenance

Regularly scheduled maintenance is performed during fixed periods and will be notified at least 1 week in advance except in the event of an emergency. Any such maintenance will normally be carried out up to once a month, and between the hours 20.00 – 08.00 CET. These periods are subject to change by KDI by providing an advance email notification. If necessary but un-scheduled maintenance is required, KDI will act to issue a timely email warning and/or notice in the Service.

Monitoring

KDI or its subcontractors shall monitor the Service(s) and its availability, on a 24 x 7 x 365 basis, for correct operation, capacity and performance. The status of the Service(s) is monitored by agents on KDI servers. If an error condition is detected by one of these agents, an alarm is generated. The Service has external monitors that poll at regular intervals. If these monitors do not receive a response, or if utilization exceeds pre-defined thresholds, an alarm is generated. When an alarm is received and verified, actions will be initiated to correct any failures and restore normal operation of the Service within the shortest possible time.

The monitoring will be the basis for the calculation of the availability of the Service.

Cybersecurity

The security provided by KDI shall be in accordance with good industry practices in order to:

  1. Provide authorized individuals access to customer data and services in line with business, contractual, and legal requirements (availability)
  2. Protect customer data from being disclosed to unauthorized individuals due to malicious action, accidents, or negligence (confidentiality)
  3. Ensure that customer data is accurate and complete and the result of authorized and controlled actions (integrity)
  4. Ensure compliance with contractual, legal, and regulatory requirements (compliance)

Further information about cybersecurity can be found in the Kognifai trust centre.

KDI Service Availability Warranty

Warranty

KDI warrants that the Service shall be available in accordance with the service level objectives above, calculated over a period of 1 month. The data from the availability monitoring shall be used for the determination of the Service availability.

KDI’s responsibility is limited to KDI’s environment, equipment and software. This warranty shall not include any network unavailability during KDI’s scheduled or critical maintenance or issues beyond the control of KDI such as:

1) speed or reliability of the internet connection by which the end user is accessing the server;

2) memory, configuration and web browsers of the end user workstations from which the end user is accessing the server;

3) security, firewall/proxy servers that end users need to pass through from Customer to KDI’s servers; and

4) performance level of the internet service provider that services Customer and its users.

Remedies

In the event Customer experiences less than warranted availability over the last 3 consecutive months, Customer shall have the option of one (but not both) of the following:

  1. Customer may continue to use the Service and receive from KDI one Service Credit; or
  2. Customer may terminate its Service and stop using the Service, in which case KDI will refund to Customer any unused pro-rated portion of any pre-paid subscription fees for such terminated Service for the remainder of its subscription term after the effective date of termination.

“Service Credit” shall mean amount equal to pro-rated monthly (subscription fee) for reported less than 99,0% availability period (maximum 3 months).

For Customer to exercise its right to termination described in this section Customer must notify KDI in writing within 5 business days from the end of the calendar quarter in which Customer becomes eligible to terminate under this section. Such termination will be effective 30 days after receipt of written notice. Failure to comply with this requirement will forfeit Customer’s right to terminate under this section.

This section states Customer's sole and exclusive remedy for any failure by KDI to provide warranted Service availability.

Customer Data

Ownership

Customer Data shall remain the property of Customer. “Customer Data” for the purpose of this provision means all data, including text, sound, video, or image files, software, payment data, administration data, and support data which is provided to KDI by, or on behalf of, Customer.