Service LEVEL Agreement

Last Updated | January 2025

SERVICE LEVELS

During the term of the agreement, Mozzaz Applications (excluding Third Party Services) will be operational and available to Partner and Customer (“Subscriber”) users at least 99.5% of the time in any calendar month (the “SLA”).

Standard Terms of the agreement refer to the Master Sales Agreement or Master Partner Agreement executed by the Subscriber.

MOZZAZ APPLICATIONS

Mozzaz Applications consist of the following:

  1. Mozzaz Platform Services | Mozzaz System APIs, Data Services & Cloud Application Services

    Mozzaz platform-as-a-service modules that manage applications services, network services, infrastructure services and data services to support the run-time of Mozzaz Applications.

  2. Mozzaz Care Portal | Web Application

    Secure web application used by professionals and care team members to manage patient care plans, interactions, and reporting.

  3. Mozzaz Care Pro | Tablet mobile Application

    Secure mobile tablet app for Android and iPad devices used by patients and professionals.

  4. Mozzaz Care App | Mobile Web Application

    Secure mobile web app for Android and iPhone devices used by patients and professionals.

  5. Mozzaz Custom Application | Custom Web or Mobile Application

    Secure web or mobile application using Mozzaz Platform Services to run the application.

DEFINITIONS

The following definitions shall apply to the SLA.

  1.  Downtime | shall be deemed to occur during a minute when more than 5% of the calls made to Mozzaz Platform Services during such minute return an error, as logged by Mozzaz’s servers. Downtime shall not be deemed to occur during


    (i) System upgrades, enhancements and routine maintenance activities that are announced via Subscriber email notification or through the Mozzaz Care Portal upon two days advance notice or


    (ii) Maintenance determined by Mozzaz to be an emergency.

  2. Monthly Uptime Percentage | Means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

    • Between 98% and 99.5% | 1 Day of Service*

    • Between 95% and 98% | 3 Days of Service*

    • Less Than 95% | 5 Days of Service*

      *added to the end of the Term, at no charge to the subscriber

  3. Other Products Services | Means mobile apps, devices, and third-party APIs that are not maintained, warrantied, or otherwise guaranteed by Mozzaz, including without limitation, applications, technologies and services provided by Subscriber.

  4. Service Credit | If the Monthly Uptime Percentage of the service falls below SLA standards, a service credit may be issued to Subscriber subject to the terms and conditions below. The issuance of Service Credits is the sole and exclusive remedy of Subscriber and Mozzaz’s sole and exclusive obligation, for any failure by Mozzaz to satisfy the SLA. In order to receive a Service Credit, Subscriber must notify Mozzaz in writing within fifteen (15) days from the time Subscriber becomes eligible to receive a Service Credit (the “Downtime Notice”). Failure to comply with such requirement will result in Subscriber forfeiting its right to receive a Service Credit. The aggregate maximum number of Service Credits to be issued by Mozzaz to Subscriber for all Downtime that occurs in a single calendar month shall not exceed five days of Service added to the end of the Term. Service Credits may not be exchanged for, or converted to, monetary amounts. Service Credits shall automatically be forfeited upon the termination of the Agreement prior to the expiration of the Term.

  5. Third Party Services | Third Party Services include mobile apps, devices, and third-party APIs that are not maintained, warrantied, or otherwise guaranteed by Mozzaz.

SLA EXCLUSIONS

  1. SLA Exclusions. The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services such as a Mozzaz Statement of Work) or any performance issues:

    (i) Caused by factors described in the “Force Majeure” section of the Agreement; or

    (ii) That resulted from Subscriber’s equipment or third-party equipment, or both.

  2. Ineligible Subscribers. Subscribers who at the time of Downtime claimed in a Downtime Notice are not current on their payment of the fees for the Services do not qualify for SLA Credits for such Downtime. In addition, Subscribers who have not paid their fees when due for the Services three or more times in the previous twelve calendar months do not qualify for SLA Credits.

  3. Errors in Implementation or Use. The SLA does not apply to Downtime caused by Subscriber’s use of the Services or any End User’s use of Mozzaz Applications after Mozzaz advised Subscriber or any End User to modify such use, if Subscriber or any Subscriber End User did not modify its use as advised.