Support and Service Level Agreement

Last modified July 14, 2023

This Support and Service Level Agreement will apply only if Customer has ordered Plus Services pursuant to an Order Form.

Provided that Customer remains current in its payment obligations to Thinkific, Thinkific will use commercially reasonable efforts to provide the services specified herein to Customer and to meet the service levels specified herein.

1. CUSTOMER SUPPORT

1.1. Support Hours. For Severity Level 1 matters, live support is generally provided 24×7. For all other Severity Levels, support is generally available 10 hours per Business Day between the hours of 8am and 6pm PST on each Business Day (each such hour is hereafter referred to as a ‘Business Hour”). ”Business Day” means any day except Saturday, Sunday or any day on which banks are generally not open for business in the City of Vancouver, British Columbia.

1.2. Customer Contact Persons. Customer will appoint up to four (4) designated support contact persons knowledgeable in the Application for purposes of contacting Thinkific’s support team regarding support issues pertaining to the Application, and providing assistance as requested by Thinkific to diagnose and resolve such issues.

1.3. Support Portal. To enable such support, Customer must report technical issues in a timely manner using the support portal provided through the Application or by sending an email to info@thinkific.com. Severity Level 1 support should be directed to 1-888-832-2409 or such other support phone as provided by Thinkific from time to time.

2. SUPPORT ISSUE SEVERITY LEVELS, RESPONSE TIMES, ISSUE RESOLUTION, AND ESCALATION

2.1. Issue Response. Thinkific will use commercially reasonable efforts to respond to support issues that can be reproduced by Thinkific, in accordance with the table below. The Severity Level assigned to support issues will be determined by Thinkific in its reasonable discretion, but taking into consideration the Customer’s input of the Severity Level. Customer requested enhancements, customizations, and/or modifications are not support issues for this purpose.

2.2. Severity Level Descriptions.

2.2.1. Severity Level 1: Occurs when the site is inaccessible to all student users.

2.2.2. Severity Level 2: Occurs when there is a loss of significant functionality of the system, or a loss affecting many but not all users.

2.2.3. Severity Level 3: Occurs when there is a loss of some functionality of the system that still allows the system to be used for its core purpose.

2.2.4. Severity Level 4: Occurs when issues arise that do not have an impact on Customer’s normal business operations, e.g. requests/inquiries for minor bugs, feature enhancements etc..

2.3. Resolution. Thinkific will use commercially reasonable efforts to address technical support issues meeting the severity level descriptions set forth above in accordance with the following guidelines:

2.3.1. Severity Level 1 – Thinkific development / support resources will work 24 hours per day, 7 days per week, to resolve all Severity Level 1 incidents until the issue has a temporary repair/workaround in place. A permanent repair will be performed during Business Hours. Upon request by Thinkific, Customer will use reasonable efforts to make a designated contact available 24 hours per day, 7 days per week to assist Thinkific development/support resources in the investigation of the issue.

2.3.2. Severity Level 2 – Thinkific development / support resources will work outside of Business Hours to resolve all Severity Level 2 incidents until the issue has a temporary repair/workaround in place. A permanent repair will be performed during Business Hours.

2.3.3. Severity Level 3 – Thinkific development / support resources will work during Business Hours to resolve all Severity 3 incidents until a temporary repair is in place and then work to provide a permanent repair.

2.3.4. Severity Level 4 – Thinkific development / support resources will work during Business Hours to respond to Severity Level 4 incidents in order of their priority.

2.4. Escalation. Support issues may be escalated by Customer as follows.

2.4.1. Severity Escalation – Customer may request severity escalation of a support issue by notifying Thinkific’s support resources of extenuating circumstances that cause the support issue to have an adverse impact on Customer’s ability to conduct business. The request to escalate the severity of a support issue may be initiated by submitting or updating a ticket with the word “escalate” in the subject line. Thinkific shall not be liable for failure to address or resolve such issues in accordance with the escalated severity level.

2.4.2. Managerial Escalation – Customer may request managerial escalation by contacting Thinkific’s applicable contact persons. Issues may be escalated through subsequent levels of management as required until the support issue is resolved.

3. UPTIME.

3.1. Uptime. Thinkific will use commercially reasonable efforts to maintain 99.5% uptime with respect to the Mission Critical services during each calendar quarter of the Subscription Term, excluding regularly scheduled maintenance windows (as described below) (the “Uptime Target”). A “Mission Critical” issue occurs when the system is not available for login by users and such failure is not caused by Customer’s own actions or a third party service Customer subscribes to or by a hardware, internet or network connectivity issue beyond Thinkific’s reasonable control. The measurement of uptime shall be based solely on reporting provided from monitoring tools utilized by Thinkific. Customer’s remedies for a failure to meet the Uptime Target will be (a) a right to receive credit for one month of system access at no charge, (b) to receive a refund for the period during which the Mission Critical issue occurs or (c) to terminate the Agreement in accordance with Section 19 of the Thinkific Plus Terms of Service.

3.2. Regularly Scheduled Maintenance. Regularly scheduled maintenance time which does not exceed 12 hours each calendar quarter does not count as downtime. Maintenance notifications are communicated via status.thinkific.com. Maintenance time is considered regularly scheduled if it is communicated at least 10 days in advance of the maintenance time. Unless otherwise communicated, regularly scheduled maintenance time is typically scheduled to occur once per month.

4. EXCLUDED ISSUES AND REMEDIES.

4.1. Excluded Issues. The following issues and tasks are outside the scope of support services (“Excluded Services”): (i) failure of, or issues arising from, computing or networking hardware, or equipment or programs that are not under the control of Thinkific; (ii) negligent or intentional misuse of the Application by Customer; and (iii) any support services provided directly to Users.

4.2. Remedies. Customer’s sole remedy for a breach of this Support and Service Level Agreement by Thinkific is to terminate the Agreement in accordance with Section 19 of the Thinkific Plus Terms of Service and subject to the materiality, notice and cure provisions therein.