SaaS Maintenance Policy

This SaaS Maintenance Policy (“Policy”) describes the current practices of Wizer with regard to its provision of technical support and maintenance services to entities that have entered into an Agreement (as defined below) for Wizer Services (each such entity, a “Partner or Customer”). Capitalized terms used herein and not defined shall have the meanings ascribed to them in the Agreement.

1. Definitions.

“Agreement” means the applicable SaaS, or other agreement between Wizer and Partner\Customer that refers to this Policy.

“Customer” means direct customer or the third-party customer of Partner.

“Designated Support Engineer” or “DSE” means a designated Wizer support resource who acts as designated point of contact for all technical support matters.

“DSE Services” means the DSE services to be provided to Partner or Customer pursuant to this Policy.

“Error” means any verifiable and reproducible failure of Wizer Services.

“Initial Response Time” means the period commencing when an Error is first reported by Customer or Partner’s Technical Contact(s) in the manner required by this Policy and ending when a member of the Wizer technical support team logs the report and responds to the Technical Contact(s) by telephone, email or through the Support Portal.

“Wizer Services” means the applicable Wizer proprietary SaaS licensed to Partner or Customer under an Agreement.

“Severity 1 Error” means any Error that has very serious consequences for normal business transactions and urgent, business critical work cannot be performed.

“Severity 2 Error” means any Error that (i) materially degrades the overall performance of the Wizer Services or (ii) materially impairs substantial functions of Wizer Services but is not a Severity 1 Error.

“Severity 3 Error” means any Error that impairs the performance of Wizer Services but is not a Severity 1 Error or Severity 2 Error.

“Support Portal” means Wizer’s online support website currently available for entry by emailing support@wizer-training.com or via the “Help Widget” located at the bottom right corner of Wizer Services.

“Support Services” or “Maintenance” means the technical support and maintenance services for Wizer Services as described in this Policy. Support Services do not include services performed onsite at any Partner facility, any professional services, or any services not expressly stated in this Policy.

“Update” means any type of error correction for the applicable Wizer Service, which Wizer elects to make generally available to its customers.

2. Overview.

2.1 Unless otherwise expressly set forth herein, all references in this Policy to response times or communications from Wizer shall only apply during Wizer’s Standard Business Hours, regardless of when a support matter is reported to Wizer. Wizer’s “Standard Business Hours” mean from 08:00 to 17:00, Monday to Friday (excluding national and bank holidays) Eastern Standard Time (EST).

2.2 Any Support Services provided by Wizer hereunder via telephone will be provided in the English language. The availability of support provided in any language other than English is provided at Wizer’s sole discretion and is not guaranteed by Wizer, and will depend on the location of Wizer’s technical support personnel providing such support.

3. First-Line Support. Wizer will provide support to all customers who enter a ticket via the “Help Widget” located at the bottom right corner of the Wizer Services (administration console and Wizer application), or those who enter tickets through emailing support@wizer-training.com. Partner is responsible to take all reasonable steps to determine that such issue relates solely to Wizer Services.

4. Basic Support Services

4.1 Response Times. Wizer will use commercially reasonable efforts to respond (a) within the Initial Response Times set forth in the table below, to Severity 1 Errors reported or (b) within the Initial Response Times set forth in the table below for Severity 2 and Severity 3 Errors that are reported through the Support Portal. Wizer will respond by email or telephone or through the Support Portal. Wizer shall use commercially reasonable efforts, consistent with industry practice, to investigate such reports to determine whether there is an Error present. If Wizer determines that an Error is present, Wizer will use commercially reasonable efforts to correct the Error and/or provide a workaround, including, without limitation, by providing Partner and Customer with an Update. Wizer will communicate with Partner and or Customer at least once each business day (with respect to any Severity 1 Errors) or otherwise as reasonably necessary based on the nature and type of Error (with respect to Severity 2 Errors and Severity 3 Errors) until the applicable Error is resolved or work-around is provided. All responses and communications from Wizer will be provided during Wizer’s standard business hours.

5. Error Resolution and Escalation.

5.1 Resolution. An Error is considered to be resolved upon the earlier to occur of the following: (i) Wizer and Partner or Customer mutually agree in writing (including via email) that the issue or problem is resolved; (ii) Wizer has provided Partner or Customer with an update; (iii) Wizer is able to provide a reasonable and mutually acceptable technical work-around solution; (iv) any of Partner’s Technical Contacts requests that Wizer close the support case; or (v) the support case has been left open for ten (10) consecutive business days, during which period Wizer has not received a response from any of Partner’s Technical Contacts or Customers.

5.2 Exclusions. Notwithstanding anything in this Policy to the contrary, Wizer will have no obligation to provide any Support Services in connection with any issue or problem that Wizer determines is not due to any Error or deficiency in a Wizer Product (e.g., without limitation, issues or problems caused by stand-alone third party software products used in conjunction with the Wizer Product).

5.3 Escalation. If any Partner or Customer believes that Wizer has failed to meet any of the response and/or communication frequency time frames with respect to any Errors reported or feels that the quality of the Support Services provided to Partner by Wizer is not satisfactory, then Wizer encourages such Partner or customer to escalate the problem to the appropriate level of Wizer management as follows:

6. Updates.

Wizer will make all Updates available, at no additional charge, to all such Partners and Customers when and if Wizer elects to make them generally commercially available.

7. Changes to Policy.

Subject to the Agreement, Wizer reserves the right, at its discretion, to change this Policy and the policies within it at any time based on prevailing market practices and the evolution of Wizer’s software products.

8. Disclaimer.

THIS POLICY DEFINES A SERVICE ARRANGEMENT AND NOT A WARRANTY. THE WIZER SERVICES AND MATERIALS RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE APPLICABLE AGREEMENT. THIS POLICY DOES NOT CHANGE OR SUPERSEDE ANY TERM OF ANY SUCH AGREEMENT.

TO THE EXTENT THERE IS A CONFLICT BETWEEN A TRANSLATED VERSION OF THIS POLICY AND THIS ENGLISH VERSION, THE ENGLISH LANGUAGE VERSION WILL PREVAIL.