Kyvos Cloud Support Policy and
Service Level Agreement

This Kyvos Support Policy and Service Level Agreement (“Policy”) describes Kyvos’ support offering (“Kyvos Support”) in connection with Customer reported bugs, defects, or errors in the Service (“Error(s)”). Kyvos Support shall be provided in accordance with the written subscription agreement under which Kyvos provides its cloud data platform as entered into by and between you (“Customer”) and Kyvos (“Agreement”). Customer shall receive Premium Support or Priority Support as designated in the applicable Order Form (““Support Level”1.”) This Policy may be updated by Kyvos from time to time. Capitalized terms not defined in this Policy shall have the meaning given to them in the Agreement.

1. Support

• 1.1. Services – As part of providing the services and as further described in the Documentation, Kyvos has processes designed to perform robust testing and validation before each release to minimize Errors.
• 1.2. General Support Offering – Customer shall designate one primary contact who will have administrator privileges and may designate additional contacts (“Customer Contacts”). Kyvos shall provide English- speaking remote assistance to Customer Contacts for questions or issues arising from any Error, as further described in this Policy, including troubleshooting, diagnosis, and recommendations for potential workarounds for the duration of Customer’s subscription to the applicable Service. Kyvos shall also provide the specific entitlements as further described in this Policy and the tables below. Details for Priority Support are described in the Priority Support Services Description at https://www.kyvosinsights.com/legal-policy/, which is incorporated herein by this reference.
• 1.3. Contacting Kyvos Support – Customer Contacts may contact Kyvos Support by: (a) submitting a support request to the Kyvos Support Portal located at https://kyvosinsights.zendesk.com/ (or such successor URL as may be designated by Kyvos) (such website, the “Kyvos Support Portal”) and designating the appropriate severity level according to Table 1 below, (b) submitting the support request to 365.support@kyvosinsights.com if Customer Contacts cannot access the Kyvos Support Portal, or (c) in the event Customer Contacts cannot access Kyvos Support Portal or email, they may contact Kyvos Support by phone at the toll-free intake phone number listed in onboarding information solely for purposes of having the support request submitted on their behalf (each a “Support Ticket”). All Customer Contacts must be reasonably trained in the use and functionality of the Service and the Kyvos Documentation and shall use reasonable diligence to ensure a perceived Error is not an issue with Customer equipment, software, or internet connectivity.
• 1.4. Submission of Support Cases – Customer expressly designates the Severity Level, the Support Ticket will be assigned Priority level P3 (Medium). Each Support Ticket shall; (a) designate the Severity Level of the Error in accordance with the definitions in Table 1, (b) identify the Customer Account that experienced the error, (c) include information sufficiently detailed to allow Kyvos Support to attempt to duplicate the Error (including any relevant error messages), and (d) provide contact information for the Customer Contact most familiar with the issue.
  • 1.4.1. If Customer believes the issue to be related to Client Software (as defined in the Agreement), then the Support Case shall also include the applicable Client Software log files.
  • 1.4.2. 1.4.2. If Customer Contacts submit Support Cases related to enhancement or feature requests, Kyvos shall treat those tickets as closed once the request has been forwarded internally.
• 1.5. Premium Support – If Customer is receiving Premium Support, the following shall apply in addition to the support description in Section 2 (General Support Offering):
  • 1.5.1 Follow-the-Sun Case Management – Kyvos Support shall implement follow-the-sun case management for handling Severity Level 1 Support Cases, to better facilitate uninterrupted support by utilizing Kyvos Support across multiple time zones.
  • 1.5.2 Case Escalation – If Customer reasonably believes Kyvos Support is not performing in a professional manner or is failing to provide timely responses in accordance with this Policy, Customer may escalate the Support Case by sending an email to the designation support mail alias with Subject including Escalation. Any Support Case escalated by Customer will be directed to Kyvos’ management team for consideration.
• 1.6. Other Support and Training – Kyvos also offers various support and training resources such as documentation and community forums,. Additionally, Kyvos offers consultation and training services via Statements of Work. This can be requested by contacting the customer account manager or Support.

Table 1: Ticket Priority Level Definitions

Table 2: Severity Level Response Times

1.7. Error Response – Upon receipt of a Support Ticket, Kyvos Support will attempt to determine the Error and assign the applicable Severity Level based on descriptions in Table 1. Kyvos shall use commercially reasonable efforts to meet the Initial Response Time Target for the applicable Severity Level, as measured during in-region Kyvos Support hours set forth in Table 3 below (such hour(s), “Business Hour(s)” with the total Business Hours in an in-region support day being “Business Day(s)”). If the Customer Contact that submitted the Support Case is unresponsive or unreachable, Kyvos may downgrade the Severity Level by one level. If Kyvos’ Severity Level designation is different from that assigned by Customer, Kyvos will promptly notify Customer in advance of such designation. If Customer notifies Kyvos of a reasonable basis for disagreeing with Kyvos’ designated Severity Level, the parties will discuss in an effort to come to mutual agreement. If disagreement remains after discussion, each party will escalate within its organization and use good faith efforts to mutually agree on the appropriate Severity Level.

Table 3: Global Kyvos Support Hours

2. Policy Exclusions

Kyvos will have no liability for any failure to meet the Service Level to the extent arising from:

• 2.1. Customer’s failure to process Customer Data in the Service in accordance with Kyvos’ recommendations for use of the Service — though, upon being notified of such a case, Kyvos will endeavour to help Customer address the failure (e.g., with additional recommendations);
• 2.2. Customer or User equipment;
• 2.3. third party acts, or services and/or systems not provided by or on behalf of Kyvos. (For the avoidance of doubt, this exclusion (c) does not apply to the acts, services or systems of any “Cloud Providers,” as defined in the Kyvos Security Policy);
• 2.4. Force Majeure Events i.e., any cause beyond such party’s reasonable control, including but not limited to acts of God, labour disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war;
• 2.5. evaluation or proof-of-concept use of the Kyvos Service; or
• 2.5. Kyvos’ preview features (e.g., beta functionality not intended for production use).

*Last Updated: September 30, 2022