Service Level Agreement

This document contains the supplementary provisions on availability, maintenance, and response and recovery times for the software as a service offerings provided by PatientIQ (the “Service”). Please read this SLA carefully as it is the version in force at the time you enter into any agreement granting you access to the PatientIQ Platform. If you have questions or comments about this SLA agreement, please do not hesitate to contact us.

Subject Matter of the SLA

This SLA applies to the PatientIQ Platform. PatientIQ will provide a highly secure and available network to the level contractually agreed, in order to supply its customers with the Service. The SLA contains the provisions on the rights and remedies for the customer in the event that it experiences a service interruption to PatientIQ’s Service. 

Definitions

For the purpose of this SLA, the terms in bold below are defined as follows:

• “Available” or “Availability” means when the customer has unrestricted access to the Service provided by PatientIQ, subject to the exclusions defined under “Downtime” below.
• “Downtime” means the total number of minutes, outside Scheduled Maintenance periods, that the customer cannot access the Service. The calculation of Downtime excludes time that the customer is unable to access the Service due to any of the following:
  1. Scheduled Downtime
  2. Emergency Maintenance
  3. Customer’s own internet service provider
  4. Force majeure event
  5. Any systemic internet failures
  6. Any failure in the customer’s own hardware, software or network connection
  7. Customer’s bandwidth restrictions
  8. Customer’s acts or omissions
  9. Anything outside of the reasonable control of PatientIQ
• "Emergency Maintenance" means downtime of the Service outside of Scheduled Maintenance Window hours that is required to complete the application of urgent patches or fixes, or undertake other urgent maintenance activities. If Emergency Maintenance is required PatientIQ will promptly contact Customer and provide the expected start time and the expected duration of the Emergency Maintenance, and if PatientIQ expects the production Service to be completely unavailable during the Emergency Maintenance.
• "Recovery Time Objective (RTO)" means the maximum acceptable delay between the interruption of service and restoration of service.
• "Recovery Point Objective (RPO)" means the maximum acceptable amount of time since the last data recovery point.
• "Scheduled Maintenance Window" means the window during which scheduled maintenance of the production Service may be performed. The Scheduled Maintenance Window between the hours of 11:00 p.m. and 3:00 a.m. local time for the location(s) in which the PatientIQ is deployed. In the event PatientIQ expects the Scheduled Maintenance Window activity to result in the production Service being unavailable to Customer, PatientIQ will provide Customer with a minimum of five (5) business days advance notification.

Customer Responsibilities and Obligations to Cooperate

It is the customer’s responsibility to ensure that it meets the following obligations to cooperate and that it does so at no cost to PatientIQ:

• Maintain an internet connection with adequate bandwidth
• Provide PatientIQ, at least by email, with up-to-date information on the persons authorized to issue instructions, such as personnel changes
• Report all incidents or issues to the Support Help Desk promptly
• Make every effort to be available to PatientIQ during the resolution of a service-related incident or a request

Support Levels

Term of the SLA

This SLA applies to the Service for the duration of the agreement accessing the PatientIQ Platform.

Service Availability 

PatientIQ uses several levels of protection to provide customers with service availability (uptime) of 99.5%.

Availability is calculated based on the following formula:

A = (T - M - D) / (T - M) x 100%

A = Availability T = Total Monthly Minutes M = Scheduled Downtime D = Downtime

Scheduled Maintenance does not constitute unavailability and is not included in the Availability calculation.

Recovery

Recovery Time Objective (RTO) 4 hours
Recovery Point Objective (RPO) 1 hour

Service Level Credits

If PatientIQ cannot meet the Availability specified in this SLA for reasons for which it is responsible, PatientIQ will provide customers with a 100% credit note (Service Level Credit) for every full hour of unavailability, provided that the customer complies with the requirements set out in the Remedy Procedure Section. The credit is calculated from the time of outage until the Service is Available again. PatientIQ will issue a credit equal to 100% of the Service cost per hour (value of annual agreement dominated in hours over course of year). Service Level Credits shall be offset against any claim for loss or damage caused by the customer.

Remedy and Procedure

The customer’s remedy and the procedure for claiming the Service Level Credits will apply if (1) PatientIQ fails to meet the agreed availability figures referred to above and (2) the customer cumulatively complies with the following requirements:

1. The customer must notify PatientIQ by email within five (5) business days by opening a support ticket and providing the following details together:
   • List the individual functional areas of the Service that were affected
   • List the date and time the Downtime occurred
   • List usernames and email addresses affected by the Downtime
   • List an estimate of the amount of actual Downtime in minutes
   • Ticket number of the documented incident
2. There are no outstanding invoice amounts on the customer’s account

Maintenance Services

PatientIQ continually analyzes the PatientIQ Platform to find potential for improvement, enhanced security, expanded functionality, and greater user-friendliness. Suggestions by the customer will be analyzed and incorporated into the functionality of the Services at the discretion of PatientIQ.

Enhancements of the Service will be made available to the customer from time to time. All functionality added by a release shall be governed by the terms of this SLA and included in the subscription fees. 

In the event a customer experiences issues with the Service, the customer may contact the Support Help Desk under defined conditions (see below).

If a security vulnerability is found which does not constitute a defect, PatientIQ will make every reasonable effort, within the limits of its operational capability, to mitigate the vulnerability.

Support Help Desk

Service Scope

The PatientIQ Support Help Desk provides technical support and help on the PatientIQ Platform and Service. It can be reached via email at support@patientiq.io.

The following aspects are covered by the Support Help Desk:

• System service interruption/outage
• System service updates/maintenance
• Support regarding functionality

The following aspects are NOT covered by the Support Help Desk:

• Requests from third-party provider(s) of the customer
• Networks, devices, servers and workstations managed by the customer

Service Times

Standard Help Desk hours of operation are Monday through Friday from 7am to 7pm Central Standard Time. Customers can email any inquiries to support@patientiq.io and a representative will be assigned to the issue. Do not include Protected Health Information in support emails.

Help Desk Response Time

The Support Help Desk response time is defined as the time from when the customer enters the request via email into the PatientIQ to the time when PatientIQ replies and starts working on the request. The response time is calculated based on the service times defined below. The maximum response times vary depending on the severity of the incident; the priority for resolution is determined by PatientIQ when evaluating the customer’s request: