Seeq SaaS Service Level Agreement

Version 1.0 – April 2023

This Seeq SaaS Service Level Agreement (“SLA”) between Seeq Corporation (“Seeq,” “us” or “we”) and users of Seeq SaaS (“you”) governs the use of the Seeq Software under the provisions of the Seeq End-User License Agreement (“EULA”). Unless otherwise provided herein, this SLA is subject to the provisions of the terms of any master contract agreement between you and Seeq.

This SLA applies to the following Seeq software products when offered as a SaaS product: Seeq Workbench, Seeq Organizer and Seeq Data Lab, exclusively. This SLA does not apply to add-ons or any other software that is expressly excluded from this agreement, nor does it apply to deployments that are not SaaS (see definition of “SaaS” below). For all other products, service levels shall be agreed upon subject to a separate agreement.

1. Seeq Service Commitment: 99.8% Uptime

Seeq will use commercially reasonable efforts to make your Seeq SaaS available with a Monthly Uptime Percentage of at least 99.8% during any monthly billing cycle.

A Monthly Uptime Percentage of 99.8% means that we guarantee you will experience no more than 86.4 min/month of unavailability. Unavailability is defined in the Definitions section below.

System Managers will be notified of planned maintenance at least 2 weeks before the planned maintenance.

2. Definitions

“SaaS” means a deployment of core Seeq “software as a service” for your use. The term expressly excludes on-premise deployments or deployments that a customer arranges within their private cloud services (e.g., Microsoft Azure or Amazon Web Services).

“Maintenance” means scheduled/planned Unavailability of your Seeq service, as scheduled by Seeq personnel prior to your Seeq service becoming Unavailable. Maintenance includes software upgrades, patches, and other system upgrades. In extraordinary circumstances, unscheduled maintenance may be required to address issues of security or pending Unavailability. In such cases, Seeq will provide as much advance notice as possible consistent with the appropriate response to the situation.

Maintenance time is excluded in availability calculations.

“System Manager” is the individual(s) responsible for maintaining the integrity of the hardware and software of the system that hosts the Seeq Remote Agents, which are the critical conduit for data retrieval from on-premise data sources like historians. Licensee is responsible for maintaining individual(s) trained as System Manager(s) for those agents. Seeq will provide assistance and consultation via normal Seeq Support channels.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which your Seeq service was Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Unavailable” and “Unavailability” refers to any time period when your Seeq service is not reachable due to unplanned circumstances where Seeq is at fault.

Issue” means a user-reported or automatically detected problem with the service.

“Ticket” refers to the tracking item in Seeq’s support portal for any issue reported to Seeq.

“Service Consumption” is the number of users and hours of user activity on your Seeq service over a given time period.

3. Issue Severity and Response Times

Seeq attempts to respond to all issues in a timely manner. Issues that affect customers’ use of Seeq significantly take priority. The table below describes the tiered response times for four levels of severity. Your support tier is dictated by the current license contract with Seeq.

“Response Time” is a measure of the time elapsed between the submission of a support ticket and the first response by a support engineer. Note that Seeq cannot commit to fully resolving a particular issue in a specific amount of time, but our effort will be commensurate with the Level of Severity for the ticket.

If an issue cannot be resolved in the context of currently installed software or via software upgrade, Seeq will make reasonable attempts to provide a fix in a future version of software consistent with our quality assurance standards and timelines. Seeq’s responsibility to debug and provide software fixes is limited to 3 major versions behind our current General Release. Beyond that window, upgrading to a supported version may be required.

Seeq personnel reserve the right to revise the Level of Severity on a particular ticket, based on an analysis of the ticket and in collaboration with the affected users.

Issues may be detected by Seeq’s monitoring system or reported by customers. Response times apply to all reported issues regardless of source. Severity levels and response times are shown in Table 1.

Customers may access support tickets in the online portal via the Seeq Support Portal and may request a root cause analysis report for Level 1 and Level 2 severity issues by adding a message for the Seeq support team to the ticket in question.

Table 1: Issue Severity and Response Times

Response Time (by Support Tier)
Severity Level Severity Description Characteristics Essentials Premium Ultimate
S1 – Critical Production system down or major malfunction affecting business and high number of users. 1.  Service processes hanging or crashing.

2.  Critical functionality not available.

3.  Data loss or corruption.

4.  A substantial number of users cannot access the service.

1 hour, 24 x 7 1 hour, 24 x 7 1 hour, 24 x 7
S2 – Major Serious degradation of service performance or functionality. 1.  Significant performance degradation.

2.  Small number of users cannot access the service.

3.  Business impact is escalating.

2 business days 1 business day 4 hours, 24 x 7
S3 – Minor Issue that has moderate impact to users. 1.  Some functionality not available.

2.  Minor performance degradation.

3.  Business impact is not escalating.

5 business days 2 business days 1 business day
S4 – Low Issue or question with limited impact to users. 1. Incorrect service behavior without impact.

2.  Service question or enhancement request.

10 business days 5 business days 2 business days

4. Recent Version Requirement

This agreement requires that you stay “upgraded” to Seeq released versions such that you are within 3 versions of the latest release major release, which is documented on the Seeq Knowledge Base in the What’s New section. For example, if the latest major release is “R60”, you must agree to upgrade to at least major release “R57”. Seeq personnel can automatically upgrade your Seeq Remote Agents from the SaaS service with your permission.

5. Service Consumption Reports

As of Seeq software version R58, service consumption reports are available from the Usage tab of your Seeq service’s Administration user interface.

6. Escalation

Issues can be escalated via the Support Portal (see Requests in upper-right to access open tickets). Add a comment requesting escalation with appropriate justification.

7. Disaster Recovery

Seeq leverages cloud providers’ backup services for disaster recovery. Every 24 hours, the Seeq system, including all data, is backed up to a geographically separate recovery site. The recovery site – like the primary data center – is a cloud provider’s data center. In the event of the loss of the primary data center or significant resources in the data center, Seeq will be operational at the recovery site. The recovery site will be operational within 24 hours of the event with no more than 24 hours of loss of data (RTO and RPO). Seeq keeps the 30 most recent backups.

8. Data Retention

All customer data will be destroyed 3 months after termination of license. Seeq will destroy the data sooner upon written request.

Seeq must comply with the Customer’s Retention Directive in relation to Customer data and Confidential Information.

9. Modifications

Seeq reserves the right to modify this SLA from time to time without notice.

CHANGE HISTORY

Version

Date

Description

Approved By

0.6

11/1/2022

Replaced text in section 9.

Nikki Bishop

0.7

1/26/2023

Replace text in section 8.

Jim Murphy

1.0

4/1/2023

Overhaul of response times in section 7 and general revisions as a result of Support 2.0 effort.

Mark Derbecker