This Premier Support Service Level Agreement (“SLA”), together with the applicable Order Form, SaaS Agreement and any other exhibits attached hereto (collectively the “Agreement”), entered into by and between Forethought and the Customer on the shall define the service level commitments associated with the Services defined in the Order Form(s) (“Service”). Capitalized terms used but not defined in this SLA shall have the meanings given to them in the Agreement.

1. Definitions.

   1.1 “Available” means the Services shall be deemed to be Available at any given time if: (i) Customer is able to log into and access the Service, and (ii) the Service functions materially as described in the Agreement, and “Availability” of Service for each month shall be calculated per with the formula: (A – (B – C)) / A*
  *For purposes of the formula, “A” means the total number of minutes in a month; “B” means the total number of minutes for which the Service was not Available in such month; and “C” means the total number of Excused Outage minutes in such month, with the result expressed as a percentage.
   1.2 “Minimum Service Level Commitment” means the Service(s) were available for Customer’s use 99.9% during the applicable month.
  1.3 “Business Days” means Monday through Friday, excluding US holidays, between the hours of 9:00am and 5:00pm Pacific Time.

2. Scheduled Maintenance. Downtime periods are scheduled to perform service maintenance, upgrades, and testing of failover capabilities (“Scheduled Maintenance”). If reasonably possible, this period will be scheduled by region on low-volume days of the week for a period not longer than three (3) hours. Forethought will provide advanced notification of any scheduled downtime and will use reasonable efforts to schedule downtime during Customer’s low-volume time, when possible.

3. Excused Outages. Any time period during which the Services are experiencing an outage, solely to the extent such outage is caused by: (a) Scheduled Maintenance; (b) communication disruptions in internal network or internet connectivity originating from Customer; (c) faults within third-party software or systems that are not directly controlled by Forethought; (d) acts or omissions of Customer; (e) general internet outages affecting multiple third parties; (f) network or services availability issues related to denial of service attacks and other flooding techniques; (g) force majeure events or (h) availability issues that are not widespread across Customer end-users, shall be considered an “Excused Outage” herein.

4. Service Credit. In the event that Forethought does not meet the Minimum Service Level Commitment in a given month, Customer is entitled to claim a service credit (a “Service Credit”) equal to 10% of the license fees actually paid by Customer to Forethought for access to the specific Service in such month. Any Service Credit will be applied to Customer’s account with Forethought towards the payment of future Services to be provided by Forethought. In order to claim a Service Credit, Customer must give notice of such claim to Forethought within seven days after the end of the month for which such Service Credit is claimed and must provide sufficient detail of the claimed downtime to allow Forethought to confirm the Availability of the Service for Customer in such period.

5. Customer Support. Forethought will respond as soon as reasonably possible to support requests placed by Customer based on priority (see Section 6 below) within the timeframe specified. Customer may reach Forethought using the following channels.

Email: support@forethought.ai
Support Portal: https://support.forethought.ai/
Added Premier Support Benefit of Customer Dedicated Slack Channel

6. Case Priorities & Response/Resolution Time.

P0: Catastrophic problem in Customer’s production systems causing an outage to a service so that it is completely unavailable. Customer cannot continue essential operations.
  Initial Response Time: One Hour
  Delivery of Resolution: Forethought will use continual 24×7 efforts to resolve P0 problems

P1: High-impact problem in Customer’s production systems. Essential operations are seriously disrupted, but a workaround exists which allows for continued essential operations.
  Initial Response Time: Three Hours
  Delivery of Resolution: Forethought will use continual efforts to resolve P1 problems

P2: Lower impact problem on a production system that involves a partial or limited loss of non-critical functionality, or some other problem involving no loss in functionality. Customer can continue essential operations. Normal problems also include all problems on non-production systems, such as test and development systems. Generic usage questions are included as well.
  Initial Response Time: Two Business Days
  Delivery of Resolution: Forethought will resolve P2 cases in a mutually agreed upon version

P3: Recommendations for requests for new products or features, and requests for enhancements or modifications. There is no impact on the quality, performance, or functionality of the product in a production or non-production system.
  Initial Response Time: Four Business Days
  Delivery of Resolution: No set resolution time, but Forethought will consider P3 cases for the product roadmap.

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