Service Level Agreement:

5/23/2023

Thank you for choosing our medical device. We are committed to providing you with high-quality products and ensuring your satisfaction. To demonstrate our confidence in the reliability and performance of our software we provide the following service level agreement.

Service Overview

1.1 Scope:
The Provider agrees to deliver software services to the Client as outlined in the attached agreement and any subsequent statements of work (SOWs) or project specifications.

1.2 Service Description:
The software services provided by the Provider may include, but are not limited to: Development, customization, and maintenance of software applications. Hosting and management of the software infrastructure. User support and training. Data management and security. Software updates and enhancements. Performance monitoring and optimization. Integration with third-party systems.

Service Levels

2.1 Availability:
The Provider shall strive to ensure that the software services are available to the Client 24 hours a day, 7 days a week, excluding scheduled maintenance windows and unforeseen circumstances beyond the Provider's control. The target uptime for the software services is 99.9%.

2.2 Incident Response:
The Provider shall establish an incident management process to promptly respond to and resolve incidents reported by the Client. The response time for critical incidents shall be 12 hours and for non-critical incidents shall be 24 hours during normal business hours.

2.3 Performance:
The Provider shall monitor the performance of the software services and ensure that they meet the agreed-upon performance benchmarks.

2.4 Data Security and Privacy:
The Provider shall implement appropriate security measures to protect the confidentiality, integrity, and availability of the Client's data. The Provider shall comply with all applicable laws and regulations related to data privacy and security, including but not limited to the General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA).

Support and Maintenance

3.1 User Support:
The Provider shall provide user support to assist the Client's users in resolving software-related issues and inquiries. The support shall be available 24 hours a day, 7 days a week via email: support@healthflexxinc.com, with a response time of 24 hours for non-critical issues and 12 hours for critical issues.

3.2 Software Updates and Enhancements:
The Provider shall regularly release updates, bug fixes, and enhancements to the software services. The frequency of updates shall be determined by mutual agreement between the Provider and the Client.

3.3 Backup and Disaster Recovery:
The Provider shall implement a robust backup and disaster recovery strategy to ensure the safety and availability of the Client's data. The Provider shall regularly back up the data and perform recovery drills to test the effectiveness of the backup and restore processes.

Reporting and Review

4.1 Service Reports:
The Provider shall provide regular service reports to the Client, detailing the performance, availability, and incident response metrics of the software services. The reports shall be delivered on a [monthly/quarterly] basis or as mutually agreed.

4.2 Service Review:
The Provider and the Client shall conduct periodic service reviews to assess the performance and effectiveness of the software services. The frequency of service reviews shall be determined by mutual agreement between the Provider and the Client.

Termination

5.1 Termination for Convenience:
Either party may terminate this SLA for any reason by providing 30 days' written notice to the other party.

5.2 Termination for Breach:
Either party may terminate this SLA if the other party fails to meet its obligations outlined in this agreement and such breach remains uncured for 7 days after receiving written notice of the breach.

General Provisions

6.1 Amendment:
This SLA may be amended or modified only by written agreement signed by both parties.

6.2 Governing Law and Jurisdiction:
This SLA shall be governed by and construed in accordance with the laws of Indiana. Any disputes arising from or relating to this SLA shall be subject to the exclusive jurisdiction of the courts in Indiana in the United States.

6.3 Entire Agreement:
This SLA, along with any attached agreements, SOWs, or project specifications, constitutes the entire agreement between the Provider and the Client and supersedes any prior understandings or agreements, whether written or oral, relating to the subject matter herein.