Cynomi reserves the right to change the terms of this SLA by providing Partner with at least thirty (30) days prior written notice.  

During the term of the Agreement, Cynomi will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage (defined below) of at least 99.9% during each monthly billing cycle (the “Service Commitment”).   

The following definitions apply to this SLA: 

Technical Support 

Cynomi will use commercially reasonable efforts to respond to and address failures of the Service to function in manner intended by Cynomi (“Problems“) which are reported by Partner (each, a “Support Request“), in accordance with the service levels and terms set forth below in this Schedule. Cynomi support services are available during Monday through Friday between 9am and 5pm Eastern Standard Time (excluding U.S. National Holidays) (“Business Hours”).  

In order to be addressed by Cynomi, Problems must be verifiable and reproducible. Furthermore, in order for Cynomi to address a Support Request, Partner must provide Cynomi with all information, documentation, assistance and access as Cynomi might reasonably require, including, without limitation:  


Each Problem for which a Support Request is received by Cynomi, shall be classified by Cynomi and assigned a level of severity (“Severity Level“), in accordance with the following criteria: 


Severity Level  

Criteria   Response  


(measured after Cynomi receipt of Support Request during Business Hours)  

Status Update  

(measured after Cynomi receipt of Support Request during Business Hours)  




A complete failure or inability to access or use the Service for an extended period of time (more than 30 consecutive minutes) during Business Hours    1 hour  

24 hours  




A complete failure or inability to access or use the Service for a brief period of time (fewer than 30 consecutive  

minutes) during Business Hours, or the failure of one or more key features of  

the Service for an extended period of time (more than 30 consecutive minutes) during Business Hours  

4 hours  

36 hours  




 A partial, temporary or intermittent failure of one or more features of the  

Service lasting for fewer than 30 consecutive minutes during Business Hours  

8 hours  

48 hours  




A Problem that is cosmetic in nature  

(e.g., UI) or that can be readily circumvented through use of alternate functionality in the Service.  

24 hours  

3 Business Days  


Upon classification of each Problem for which Cynomi received a Support Request, a support representative of Cynomi shall use commercially reasonable efforts to: (a) contact Partner within the “Response Time” period set forth in the table above (which period is only applicable during Business Hours and to the extent the Support Request is sent outside of Business hours the measurement will start as soon as the Business Hours for the next Business Day commences) , and (b) follow up and provide an update on the status of the measures being taken (such as workarounds, bug fixes, Updates, etc.) to address the Problem within the “Status Update” time frame set forth in the table above.  

Other SLA Exclusions 

The SLA does not apply to any: (a) features or services excluded from the Agreement (as specified in the associated Documentation); or (b) Downtime Incidents that: (i) are caused by factors beyond Cynomi’s reasonable control (including without limitation any force majeure event (including but not limited to strikes, shortages, riots, fires, flood, storms, explosions, acts of God, war, government or quasi-governmental authorities actions, acts of terrorism, earthquakes, power outages, pandemic or epidemic (or similar regional health crisis)), failure of Internet access or any public telecommunications network, or shortage of adequate power or transportation facilities); (ii) are attributable to repair, maintenance or modification of Cynomi’s Services by persons not authorized by Cynomi; (iii) resulted from accident, negligence, abnormal physical or electrical stress, abnormal environmental conditions, abuse or misuse of Cynomi’s Services; (iv) resulted from use of Cynomi’s Services other than in accordance with the Documentation or in violation of the Agreement; (v) resulted from Partner’s or a third party’s equipment, software or other technology (other than third party equipment within Cynomi’s direct control); and/or (vi) resulted from the combination of Cynomi’s Services with equipment or software not authorized or provided by Cynomi or otherwise approved by Cynomi in the Documentation.