Service Level Agreement

Effective Date: July 10, 2024.

The Service Level Agreement (SLA), the EchoStream support services and the other optional services described herein apply and are available to customers with an active subscription to utilize the EchoStream Platform, and whose account is current (i.e. not past due), including, with respect to optional services, timely payment of fees therefor. The EchoStream services are delivered pursuant to the EchoStream Platform Agreement.

1. Service Availability

a. Coverage and Definitions

The term “EchoStream Platform” is defined as any production multi-tenant integration using the platform as a service hosted by QuiNovas.

The term “Service Availability” is defined as the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that “EchoStream Platform” was available for access.

“Scheduled Maintenance” does not factor into Service Availability. To ensure the Platform uptime and keeping EchoStream Platform operating optimally, it is necessary to perform regular, routine maintenance (“Scheduled Maintenance”) that, on occasion, may affect the EchoStream Platform availability.

Scheduled Maintenance occurs once a week, on Saturdays between 3am and 7am ET. In the event that such Schedule Maintenance may require more than 15 minutes downtime, then the Customer shall be provided with at minimum 24 hours advance notice of such downtime. Such notice will be done via email to the email address associated with the Account.

EchoStream reserves the right to schedule additional Scheduled Maintenance on an emergency basis with twelve (12) hours’ notice, for not more than eight hours at a time.

b. Service Level

EchoStream’s goal is to achieve 99.99% Service Availability.

Subject to 1c and 1d, if in any calendar month the Service Availability is less than 99.99%, EchoStream shall provide, as the sole and exclusive remedy, a credit to Customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service change for the affected service:

c. Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

• circumstances beyond EchoStream’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services (Including AWS), virus attacks or hackers or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
• scheduled maintenance, and upgrades;
• any DNS or Domain Registry issues outside the direct control of EchoStream including DNS and Registry propagation issues and expiration;
• Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the Customer’s account in breach of the Platform Agreement or Acceptable Use Policy;
• Acts or omissions of other customers (or acts or omissions of others engaged or authorized by other customers) sharing the affected server(s) with customer, including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the other customers’ account in breach of the Platform Agreement or Acceptable Use Policy;
• outages elsewhere on the Internet that hinder access to your account. EchoStream is not responsible for browser, DNS, or other caching that may make your account appear inaccessible when others can still access it. EchoStream will guarantee only those areas of the Internet considered under the control of EchoStream.

d. Credit Request

In order to receive a credit, Customer must make a request for credit by filing a support ticket through EchoStream’s Customer Support Center by emailing support@echo.stream. Each request in connection with this SLA must include the dates and times of the unavailability, a description of the perceived problem, and must be received by EchoStream within seven (7) days after the unavailability. If the unavailability is confirmed by EchoStream, credits will be applied within 30 days of EchoStream’s receipt of customer’s credit request.

The total amount credited to Customer in a particular month under this SLA shall not exceed the total monthly fee paid by the Customer for said month for the affected Services. Credits are exclusive of any applicable taxes charged to Customer or collected by EchoStream and are Customer’s sole and exclusive remedy with respect to any failure or deficiency in the Availability.

2. Important Disclaimer Regarding Your SLA

EchoStream’s sole obligation and your exclusive remedy for EchoStream’s failure to deliver any services covered hereunder shall be for EchoStream, at its option, to reperform the services in a manner substantially in accordance with this SLA or issue a refund to you.

For information regarding EchoStream’s support services, please refer to our service description. These can be found on the EchoStream site at https://echo.stream/legal.

3. Updates and Upgrades

EchoStream is a multi-tenant Platform as a Service (PaaS). EchoStream follows a SDLC of CI/CD and updates and patches are released on a continuous basis. In the event that an extended downtime (more than 15 minutes) is required for a patch release or upgrade then such outage will be scheduled as per Scheduled Maintenance above.