Service Level Agreement

1. Overview

1.1 This Service Level Agreement (SLA) outlines the standards of service provided by Firework, as detailed in the Order Form agreement between Firework and the Customer. This SLA aims to ensure high-quality service maintenance and clarify the responsibilities of both parties involved.

2. Definitions

2.1 Definitions herein are specific to the Service Level Agreement. Suppose there is a conflict between a definition in the Service Level Agreement and the Agreement as a whole. In that case, the Definitions in the Service Level Agreement prevail but only to interpret the Service Level Agreement.

2.1.1 "Customer” means the non-Firework party to this Agreement.

2.1.2 "Documentation” means Firework's user guides and other End-User documentation for the Video Platform Services made available by Firework, as may be updated by Firework from time to time.

2.1.3 "End-Users" mean end-users who access the Video Platform Services via or from the Customer's owned and operated sites and apps.

2.1.4 "Excluded Defects” means defects caused by Customer, one of its vendors, third-party connections, utilities, or equipment, or caused by other forces beyond the reasonable control of Firework (such as internet or third-party service outages or outages with respect to Customer’s network or internet access, or denial of service attack, hacker activity, virus attacks, Customer’s failure to follow the Documentation, or other malicious event targeted against Customer’s website or application).

2.1.5 "Emergency Maintenance” means maintenance performed to fix critical functionality, vulnerabilities, or material defects that may substantially impair the usability or performance of the Video Platform Services.

2.1.6 "Excused Maintenance” means Emergency Maintenance and Scheduled Maintenance.

2.1.7 "Firework” means Loop Now Technologies, Inc.

2.1.8 "Order Form” means an order for Video Platform Services mutually agreed by the parties that specifies the Video Platform Services to which Customer has purchased a right to access and use.

2.1.9 "Scheduled Availability Time” means twenty-four (24) hours a day, seven (7) days a week, excluding: (i) downtime during Excused Maintenance, (ii) any downtime due to Excluded Defects.

2.1.10 "Scheduled Maintenance” is any scheduled or planned system maintenance. Firework will use commercially reasonable efforts to perform Scheduled Maintenance during off-peak hours. Firework will notify Customer (a) at least seventy-two (72) hours in advance of any instance of Scheduled Maintenance that Firework anticipates will not last longer than one (1) hour, and (b) at least five (5) days in advance of any instance of Scheduled Maintenance that Firework anticipates will last longer than one (1) hour. In addition, in no event shall the total amount of Scheduled Maintenance in any calendar month exceed two (2) hours. Notwithstanding any notice requirements in the Agreement, Firework may use any reasonable means to notify Customer.

2.1.11 "Term” means the period of time from the date that the Video Platform Services have been launched on Customer’s sites and continuing until Video Platform Services are no longer being provided by Firework on Customer’s sites.

2.1.12 "Video Platform Services” means the online and hosted services and content provided by Firework which Customer has the right to access and use for the purposes of streaming content on Customer’s owned and operated sites as further detailed on an Order Form. 

3. Uptime Commitments

3.1 Target Uptime. During the Term of the applicable Order Form, Firework will use commercially reasonable efforts to make the ordered “video platform services” under an Order Form available for use on Customer’s websites that Customer designates in the business portal for 99.5% of the Scheduled Availability Time (the “Target Uptime”).

4. Exclusions

4.1 While Firework takes all reasonable measures to ensure its service quality, the following are excluded from this SLA:

1. Scheduled maintenance downtime that is mutually agreed upon.
2. Denial of service attack, hacker activity, virus attacks, or other malicious events targeted against the client’s website or application.
3. Outages to Cloud Service Vendors that are outside of Firework’s control.
4. Other force majeure events beyond the reasonable control of Firework.

5. Enterprise Support

5.1 Help Center Access. During the Term of the applicable Order Form, Customer shall have 24x7 access to Firework support by email at support@fireworkhq.com.

5.2 Incident Support. During the Term of the applicable Order Form, Firework will use commercially reasonable efforts to respond to defects, other than Excluded Defects, regarding the Video Platform Services in accordance with the following timelines. The parties agree that “S3 - Low” Severity Level issues are low priority, will be discussed in good faith, but, in some circumstances, may not be fixed. Firework will open cases related to defects upon Customer’s communication of the incident via the channels noted below.

6. Severity Level Definitions

S0 - Critical

"Nothing can be done; the fundamental specifications of the service are not being provided.

• Scope of Impact: The areas visible to clients in the site UI and BizPortal
• Provided Functions: The features covered by the contracted service are not available
• Business Impact: Significant effect on users’ business operations and marketing initiatives
• Workaround: None"

S1 - High

"There are alternative ways to be done, but the fundamental specifications of the service are still not being provided.

• Scope of Impact: The areas visible to clients in the site UI and BizPortal
• Provided Functions: The features covered by the contracted service are not being offered
• Business Impact: Users’ business operations and marketing initiatives are affected
• Workaround: The issue can be deferred or addressed by an alternative solution"

S2 - Medium

"The basic specifications are functional, but there are defects and bugs.

• Scope of Impact: The areas visible to clients in the site UI and BizPortal
• Provided Functions: The minimum required features are available, but non-core features are affected
• Business Impact: Minimal impact on users’ business operations or marketing initiatives
• Workaround: Resolution can be deferred while relying on an alternative solution"

S3 - Low

"The basic specifications are functional, but there are minor defects or bugs (which make it inconvenient or less user-friendly).

• Scope of Impact: The areas visible to clients in the site UI and BizPortal
• Provided Functions: The minimum required features are available, but non-core features are affected
• Business Impact: Minimal impact on users’ business operations or marketing initiatives
• Workaround: Not problematic even without an alternative solution"