This Evosus® Software Service Level Agreement (“SLA” or “Agreement”) is provided by Evosus, Inc., (“Evosus”, or “Company”, or “We”, or “Us”, or “Our”) to You and/or Your Company (referred to hereinafter as, “You”,” or “User,” or “Your”) when ordering or logging into Our Legacy or SaaS software (“Software”) including, Our website located at evosus.com (“Site”), Our Legacy Product, Our cloud-based applications (“SaaS”), and related merchant products (“Products”), collectively referred to as “Evosus Services”.

This SLA is a legally binding agreement between You and Us, and becomes immediately effective upon purchasing and completing Your order for Evosus Services (“Effective Date”). This SLA is located on Our website at www.evosus.com/sla (“SLA Site”) We may modify the terms of this Agreement at any time in Our sole discretion, by posting an amended version of this Agreement to the SLA Site, or by sending You an e-mail to the email address You provided to Us upon signing up. Your continued use of Evosus Services thereafter shall constitute acceptance of all revisions, modifications and/or amendments made to this Agreement. However, You should review the most up-to-date version of this Agreement from time-to-time on the SLA Site. We will notify You of any Material changes, amendments or modifications to this Agreement through the Site, or through other communication. In the event You choose not to agree and accept the new, modified or amended Agreement, You may cease use of any of Evosus Services at any time.

Setting Your Expectations

It’s important to understand that technology is an ongoing investment, not a one-time cost. As systems, technologies, hardware, devices and the technology marketplace is in constant change, We encourage You to keep up with the these changes. With that in mind, We’ll do Our best to help You keep costs down, and make the best use of Your technology investment dollars.

Evosus Licensing

When You purchase Evosus Services from Us, You are granted a limited license as defined in the Evosus End-User License Agreements (EULAs) to use Our Software, Site and/or Products solely for the purposes outlined in the EULAs. In exchange, We provide You and Your company with guidance and education (“Education”), initial onboarding (“Professional Onboarding”) and ongoing Support (“Support”) which includes software updates for Evosus Services, phone support and 24x7 online access to the Evosus Support Center. Please note that, if You are running a free version of Evosus Services, such as our Foundation product, Professional Onboarding, Education and Support are NOT included.

Professional Onboarding

Our goal is to provide You with the ability to make transactions in Evosus as soon as feasible. We do this by providing new clients with a one-time Professional Onboarding service. Our Professional Onboarding service is designed with a “train the trainer” methodology, specifically designed for Your Evosus Expert (as defined below). Your Evosus Expert then trains and shares that knowledge with others at Your company. Should Your Evosus Expert no longer work with Your company in the future, We are not obligated to provide additional Professional Onboarding, but may do so if agreed up on in writing otherwise.

Support

When You purchase Evosus Services, We will provide You with the following Support:

  • Phone and email access to Our support team and Your assigned Client Success Manager;
  • Searchable Knowledge Base Articles that empower You to find answers on Your own and take the appropriate action(s);
  • Access to an online community of other Evosus users; and
  • Online access to Your company’s case history, allowing You to check the status of any open questions or issues

Please note that, other than publicly available Knowledge Base Articles, Support is not provided for free versions of Evosus Services, including Our Foundations product.

Fees

We often get asked, “What do I get from Evosus for my monthly fees?” In return for payment of a License Fee (defined in the respective EULAs and Terms of Service), We will provide You with:

  • An assigned Client Success Manager (“CSM”) from Evosus who will act as the main point of contact between You and Us on most issues. You can contact Your CSM by phone and/or email.
  • A team of Software Support Specialists to triage, resolve, and escalate support cases.
  • Access to the Evosus Support Center, an online resource which includes:
    • Knowledge base articles (“Knowledge Base Articles”) (formerly known as Help Files);
    • Software release notes;
    • Ability to create a new Case (ex. open a support ticket); and
    • Helpful content from Evosus users in Our Community Discussion Boards.
  • Access to The Evosus Community
    • Online forums where Evosus users share their expertise and best practices; and
    • Your company’s support case history.
  • After Hours Emergency Support for systems down situations. See below for details.
  • The latest updates from Our continuous software development including:
    • new features;
    • improved features and functionality;
    • bug fixes (when possible); and
    • new products and services, if applicable.
  • Hosting and automatic software updates (applies to Our SaaS Solutions only)
What's NOT included in your License Fees?
  • One-on-One training for Your employees;
    • When You have a new employee, or Your staff just needs a refresher on Evosus, Your best starting point is the Evosus Support Center at support.evosus.com, and to be trained by Your Evosus Expert. In the event Your new employee still requires one-on-one training, We may provide this service for an hourly fee, subject to Our availability.
  • Automatic upgrades of Our Legacy Product. Legacy Product upgrades require downloading and installation;
  • Diagnosis of errors resulting from erroneous data that’s entered in Our Product;
  • Consulting for business best practices. For best practices, We offer paid consulting, available at an hourly rate via Your Client Success Manager, subject to availability; and
  • Support for Software errors or issues that cannot be replicated.

Contacting Us

When You purchase Evosus Services from Us, We will assign Your company a Client Success Manager and give You access to the Evosus Support Center.General questions should be submitted as a Support Case from the Evosus Support Center. These questions will be answered by Our tier 1 support team. Should an escalation be needed, the Case will be assigned to your Client Success Manager (“CSM”). While We will try Our best to make reasonable efforts, We cannot guarantee that We will be able to successfully and adequately fix, answer, correct, update, and/or help You upon contacting Us, Your CSM or the Evosus Support Center.

Here are the various ways You can get help with your Evosus Services:

You may create and submit a Case (“Case”) by going to support.evosus.com at any time. We encourage You to use The Evosus Support Center to submit Your question which will go directly to Our team of Software support specialists. This team will pull in Your assigned CSM when needed. Within one (1) hour of Us receiving a successfully submitted Case, You should receive an email confirmation from Us confirming receipt of Your Case(s) (“Email Confirmation”).

  • By Phone - (360) 735-9510 x2

You may call Us during Normal Business Hours. If Your assigned CSM is not available when You call, We encourage You to leave a detailed voicemail message with information about the topic You would like to discuss. We shall create Cases(s) from all voicemail messages received by You (“Phone Case”).

Levels of Support and Their Availability

Normal Business Hours (“Normal Business Hours”)

  • Monday – Friday
  • 7:00am – 4:00pm Pacific Standard Time (PST)

Please note that We are closed for major holidays including New Year’s Eve, New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve and Christmas Day.

Emergency Support

Emergency Support is only available for system down situations where NO users can log into Evosus Services on any device (“System Down Situations”). System Down Situations are unlikely, but in the event of one, You may reach Us during these days and hours:

  • Monday - Friday 6am - 6pm PST
  • Saturday - Sunday 6am - 3pm PST
  • Emergency Contact Number: (360) 735-9510. Press 9 for Emergency Support.
Network Support

This SLA applies to Evosus Services only, and does not include network support services, which includes, without limitation, diagnosing server issues or internet connectivity issues at Your Company (“Network Support Services”). Network Support Services shall be handled by a local IT consulting firm. However, subject to Our availability, network consulting (“Network Consulting”) can be provided by Evosus at the rate of $165.00 USD per hour by opening a Case at support.evosus.com. Network Consulting rates are subject to change.

YOUR RESPONSIBILITIES

By purchasing Evosus Services and therefore accepting this SLA, You agree to the following:

Identify Your Evosus Expert

In order to make Our Education and Support effective, You will need to identify a key person in Your company that has a broad understanding of overall business procedures and how Evosus drives those procedures (“Evosus Expert”). Your Evosus Expert will be designated as the main point of contact(s) between You and Evosus, and they shall be the person who submits Cases on the Evosus Support Center. If this person is no longer employed at Your company, You will need to rehire this position or assign the Evosus Expert role to someone else at Your company. Evosus is under no obligation to provide Professional Onboarding services to a new hire for this position, but may provide Professional Onboarding if agreed on in writing otherwise.

Submitting Cases

Your Evosus Expert should submit any and all new Support Cases by going to support.evosus.com. You agree that Evosus is not responsible, or obligated to change Software due to Your change in business practices, policies or procedures.

We will only respond to Cases submitted to the Evosus Support Center that include a detailed explanation of the Case(s) including, without limitation, a statement of the issue(s), an inquiry description, screen shots, the steps You took to get there, the date of the issue(s), and the solutions You previously tried. We will not be able to successfully, effectively and efficiently respond to Cases with generic requests such as: “help” or “stuck” or “error” or “call me”, as they do not allow Us to provide proper support to You.

LEGACY PRODUCT MAINTENANCE

Maintaining Your Environment (applies to Our Legacy Product only)

If You are a client of Our Legacy Product, You are responsible for keeping Your environment, including server operating system, workstation operating system, Microsoft SQL and Microsoft Office, at or above Microsoft Mainstream Supported products.

Evosus Software version (applies to Our Legacy Product only)

If You are a client of Our Legacy Product, You are responsible for keeping Your Evosus Software up to date. IF YOUR SOFTWARE VERSION IS MORE THAN TWO (2) VERSIONS OLD (LESS THAN V6.5 OF OUR LEGACY PRODUCT), WE ARE NOT REQUIRED TO PROVIDE SUPPORT TO YOU AFTER DECEMBER 31, 2021. FURTHERMORE, WE WILL NOT PROVIDE SUPPORT FOR ANY VERSION OF OUR LEGACY PRODUCT AFTER DECEMBER 31, 2024.

IF YOU PURCHASED EVOSUS MOBILE SERVICE (AN ADD-ON TO OUR LEGACY PRODUCT) LICENSES FROM US, WE ARE NOT REQUIRED TO PROVIDE SUPPORT TO YOU FOR EVOSUS MOBILE SERVICE IF YOUR VERSION OF EVOSUS MOBILE SERVICE IS MORE THAN TWO (2) VERSIONS OLD (LESS THAN V3). FURTHERMORE, WE WILL NOT PROVIDE SUPPORT FOR ANY VERSION OF EVOSUS MOBILE SERVICE AFTER DECEMBER 31, 2024.

Software Maintenance (applies to Our Legacy Product only)

During the term of this Agreement, We shall provide You with access to the latest version of Our Software, along with other generally available technical material. These materials, including the Software, may not be used to increase the licensed number of versions or copies of the Software. You agree not to use, sell or transfer the prior version but to destroy or archive the prior version of the Software. All patches, bug fixes and releases shall be subject to the respective EULAs related to the Software.

What Does “Supported by Evosus” Mean?

“Supported by Evosus” means that We will continue to test Our newest versions (patches and major releases) including bug fixes and provide Support based on the Level of Severity as defined below. Evosus will not test, provide bug fixes or provide Support on unsupported Evosus versions, OS, Office, or SQL versions.

Why Would Evosus End Support for Specific Evosus, Microsoft Office, OS, or SQL Versions?

Evosus is committed to delivering improvements and bug fixes in accordance with Our Service Level Agreement – and sooner when possible. We also strive to provide quality support for all the platforms Our users run Our software on. However, as new versions of SQL databases, operating systems, etc., are released, the complexity of supporting multiple version platforms significantly grows, making it difficult to provide the highest level of support to Our user. Therefore, in certain situation, as outline herein, We may end Support for specific Evosus, Microsoft Office, OS and/or SQL versions, in Our sole discretion.

SUPPORT PRIORITY

For transparency purposes, We handle Support requests submitted via a Case as outlined below. We reserve the right to place, in Our sole discretion, each Case received in a certain priority and assign its Level of Severity. We will use the appropriate communication to keep You updated, including in-application alerts, email and/or phone.

We care about each and every one of Our users, and We do Our best to respond quickly and with quality information. However, due to a high volume of users, We do not provide on-demand support and We do not guarantee a hold-time for Support.

When calling to request Your case(s) status(es), please refer to the Case number(s) provided to You at the time the Case was submitted and/or located in the Confirmation Email.

Level of Severity Description Your Expected Response Time (Not Guaranteed)
5

CRITICAL BUSINESS IMPACT

Customer is unable to use Software. Examples include:

  • SaaS Solution hosting outage
  • Database corruption and/or data loss

Updates every 2 business hours until resolved

4

SIGNIFICANT BUSINESS IMPACT

Important Software features are unavailable and there is NO known workaround. Examples include:

  • Software login screen unavailable
  • Software is running in a degraded capacity and is too slow to operate at normal internet speeds.

Updates every 1 business day until resolved

3

SOME BUSINESS IMPACT

Important Software features are unavailable, however there is a known workaround -or- non-essential Software features are unavailable with no known workaround. Examples include:

  • Service calendar and queues are unavailable
  • Warranty tracking feature is non-functional

Updates every 2 business days until resolved or diagnosed as a bug

2

MINIMAL OR NO BUSINESS IMPACT

Client submits a Support Case, software enhancement or documentation clarification that has no impact on productivity. Examples include:

  • “How do I process a warranty claim in Evosus?”
  • “I’d like to suggest that Evosus create a semi-monthly service calendar view.”

1 Business Day expected response time.

User can also explore Evosus Knowledge Base Articles for more information.

1

GENERAL INQUIRIES

All other issues that do not fall into previous categories. An example is:

  • Questions regarding 3rd party integrations with Evosus

Response time will vary on a case-by-case basis

Please note that issues related to 3rd party integrations are often outside of our control. Therefore, as noted in Level of Severity 1 above, we will not commit to an expected response time for issues related to 3rd parties. What we will do is make best efforts to resolve issues in a reasonable timeframe during Normal Business Hours.

Also please note that some inquiries require testing and/or assistance from Our subject matter experts (SME) to resolve. The best way that You can stay updated on the status of an inquiry is to check the Case status in the Evosus Support Center. In addition to providing resolution, We will also notify You by email, phone and/or in-application alerts if a particular problem cannot be resolved.

OUR RESPONSIBILITIES

Evosus will help You determine the best combination of Evosus Services to help Your business. In Our efforts to ensure You have the best possible experience, We provide the following:

Case Tracking and Reporting

Evosus has implemented a case tracking and reporting system (“Case Tracking & Reporting System”) to track all Cases and Phone Cases. It is important that all Cases and Phone Cases are reviewed through the Evosus Support Center so that We may provide You with status updates and We can better understand Your educational needs. Issues You encounter that are not reported through the process outlined in the SLA may not receive the proper attention or response times.

Please note that Case Tracking & Reporting is not available for the following:

  • Third party products that We sell (such as PHTA education courses);
  • Services that We subcontract to a third parties (such as Evosus Hosting Service); and
  • Free versions of Evosus Services, such as our Foundation product.

Upon receipt, the Case and/or Phone Case will be logged in Our Case Tracking & Reporting System. An auto-generated response that includes the case number will then be emailed to You within one (1) hour of submission, as described above. If You do not receive a case number within one (1) hour of submitting Your Case, please call us at 360-735-9510 x2.

The process by which Cases are handled is as follows:

  • We REVIEW - We will do Our best to understand Your inquiry, verify all important details like steps, screenshots of any error messages, troubleshooting steps that You have completed prior to submitting the Case. We then review all Case fields that You filled in and analyze the inquiry.
  • We RESEARCH - An Evosus support specialist will use tools such as the Evosus Knowledge Base, previous ticket resolutions, and also speak with Evosus subject matter experts to provide resolution or next steps. In the event that the Case is missing pertinent and important details, We will request additional and specific information about the inquiry to further Our efforts to provide an appropriate resolution, if any.
  • We RESOLVE - We seek to provide the best solution possible for You, and a fast and accurate resolution is Our goal. In terms of a response to resolve Your Case, You can expect Us to:
    • Provide a concrete, direct answer via Knowledge Base article or the steps You need to take to resolve the issue(s);
    • Provide a workaround;
    • Error Identification – We do Our best to provide quality, functional Software. Sometimes, despite best efforts, You’ll experience a software bug (a/k/a error). In these situations, We capture the information and submit it to Our team, who then prioritizes it to get fixed. We shall provide the timing on that as it becomes available;
    • No resolution can be determined. In situations where We are unable to replicate or identify the issue, We shall close out the Case with no next steps;
    • We determine that Your request is an Enhancement Request. In this situation, We shall address it using the process described below.
  • Enhancement Requests - Evosus values Your input and welcomes Enhancement Requests. An Enhancement Request is a new feature or process You would like to see implemented in Evosus that will make product use more efficient (“Enhancement Request”). We consider Enhancement Requests to be a valuable part of Evosus. However, not all Enhancement Requests received will be implemented. Evosus will implement Enhancement Requests if We deem, in Our sole discretion, that the Enhancement Request is appropriate and possible. We use a variety of criteria for reviewing Enhancement Requests which include, but are not limited to, overall benefit to users, time to complete, best business practice, GAAP principles, industry need and current development schedule. Evosus reserves the right to determine if and when an Enhancement Request will be added to Evosus Services. Evosus Services are licensed and used on an “as is” basis, and Evosus is under no obligation to make certain or requested changes. Evosus Services will continue to evolve, and future releases will be delivered according to the Terms of Service and / or as outlined in the respective EULAs.

SITUATIONS WHERE WE MAY NOT PROVIDE SUPPORT

If a problem is found to be caused by one or more of the following factors, then We may not provide Support. Should We choose to provide support in these situations, We reserve the right to charge You at current Evosus rates for such services for all reasonable costs plus applicable taxes.

  • Evosus Services that have been altered, damaged, or modified;
  • Defects or errors caused by incorrect use of the Evosus Services;
  • Defects or errors caused by failure to implement reasonable solutions (which may include a work-around) as provided by Us;
  • Evosus Services that are installed in a hardware or operating environment not supported by Us;
  • Third party software not licensed through or supported by Us; and/or
  • Defects or errors caused by any fault or error in the equipment, programs, applications or products used in conjunction with Evosus Services, or otherwise resulting from causes beyond the reasonable control of Evosus.

PROFESSIONAL CONSULTING

On a case-by-case basis, and subject to availability, Evosus may be consulted to provide online or in-person professional and billable services to resolve business processes and/or software issues not related to software functionality (“Professional Consulting”). Professional Consulting is all about You, the needs of Your business and finding solutions to fit Your unique challenges. These situations often require one-on-one appointments to resolve. Common Professional Consulting includes, but is not limited to:

  • Company request for new hire training;
  • Complex issues, including accounting, that require clean up due to improper use or improper set-up of Evosus Services;
  • Implementing additional features or modules that were not included in original product setup; and
  • Process training on software modules or features.

Please contact Us at support.evosus.com if Professional Consulting is of interest to You.