Eko Customer Support SLA March 03, 2023 20:18 Updated Support Desk Operations: Eko will maintain a support desk staffed with personnel to receive service-related inquiries by telephone, chat and e-mail between the hours of 5:00 a.m. – 5:00 p.m. Pacific Standard Time, Monday through Friday (“Weekday Hours”). The support desk is also staffed to receive service-related inquiries by chat and email on Saturday and Sunday between 8:00 a.m. – 5:00 p.m Pacific Standard Time (“Weekend Hours”). Support Desk Contact Information: The following email and telephone numbers are monitored by the Eko customer support personnel: Email: support@ekohealth.com Phone: 1-844-356-3384 Chat: Accessible by any page on the Eko website Status page: Visit Eko’s status page for information on the status of our software systems. You can also subscribe to receive status updates from Eko so you will be notified of any outages. Support Response Times: Subject to Customer’s compliance with its payment and all other obligations under the Eko Telemedicine Organizational Software and Services Agreement (as amended herein), Eko will provide (and Customer hereby agrees that Eko may install and implement) (a) fixes for Software or Service errors, which are any failures of Software or Service to function substantially in accordance with the Documentation, and (b) other updates that Eko designates as being applicable to Software or Service if, when, and as made generally available by Eko to its Customer base for Software or Service. Eko shall not be responsible for any Software or Service errors or unavailability caused, in whole or part, by Customer or third party provided materials, content, equipment, software, and/or other technology or anything else beyond Eko’s reasonable control (collectively, “Third Party Issues”). Eko will provide in-scope support in accordance with the SLAs below: Issue Classification Criteria Eko Response - Standard Support Plan - Critical Site/app down (users unable to access app or web) - OR - Security/domain issue - OR - Causes death or serious, irreversible injury (S5) or Causes reversible injury that requires medical intervention and could extend hospitalization (S4) Respond to receipt of initial call, chat, or email within 3 hrs within Weekend and Weekday Hours. Work diligently to correct the issue or provide a reasonable workaround, providing status updates at the end of each day (includes business or weekend days). High 10+ users are impacted by the same issue with no workaround, preventing care delivery - OR - Causes temporary injury that does not require medical intervention. The product is functional at reduced performance (S3) Respond to receipt of initial call, chat, or email within 6 hrs within Weekday Hours. Work diligently to correct the issue or provide a reasonable workaround, providing status updates each business day. Medium 3+ users are experiencing the same issue with no workaround - OR - Causes a nuisance or temporary discomfort. User dissatisfaction (S2) Respond to receipt of initial call, chat, or email by the end of the following business day. Work diligently to correct the issue or provide a reasonable workaround, providing status updates when available. A fix can be expected by the next release. Low 1-3 users report the same issue - OR - Will not have any perceptible effect on the performance of the product. The user will probably not be aware of the occurrence. Possibly a cosmetic defect (S1) Respond to receipt of initial call, chat, or email within 2 business days. Work to correct the issue or provide a reasonable workaround, providing status updates when available. Service Availability Commitment: Eko will use all reasonable commercial efforts to achieve the target Availability Goal of 99.5% uptime, twenty-four hours per day, seven (7) days per week during the Agreement Term, except during times of Scheduled Downtime. Software and Service will be available 99.5% of the time, measured on an annual basis. Availability shall be calculated for the measurement period by dividing (a) the Baseline Uptime less Unscheduled Downtime by (b) the Baseline Uptime for the same period. “Baseline Uptime” shall mean the total number of minutes during the measurement period during which Software and Service are available for connectivity and use by the Customer. Baseline Uptime excludes Scheduled Downtime and Excused Downtime. “Scheduled Downtime” shall mean the total time during the measurement period that Software and Service are not available for connectivity and use by the Customer due to Eko’s planned maintenance (including planned maintenance of Eko’s service providers). Eko will use commercially reasonable efforts to perform all Eko’s directed scheduled maintenance and backups during off-peak periods for Eko’s customary customer base. Eko shall provide Customer with written notice of a window of time planned for any scheduled downtime at least five (5) days in advance, and will confirm an exact date with written notice at least forty-eight (48) hour prior to the downtime. With respect to scheduled downtime required by Eko’s service providers (e.g., Amazon AWS), Eko shall pass along to Customer any notice of third-party scheduled downtime within forty-eight (48) hours of receiving notice thereof from the applicable third party. “Unscheduled Downtime” shall mean the total number of minutes during the measurement period during which Software and Service is not available for connectivity and use by the Customer other than Scheduled Downtime and Excused Downtime. Unscheduled Downtime shall be measured from the time the Customer first reports the outage to Eko. “Excused Downtime” shall mean the total time during which Software and Service are not available for use by the Customer due to Third Party Issues, including (i) Customer side hardware or network issues; (ii) telecommunications outages; and (iii) other force majeure events as defined or referenced under the Agreement.
