Rhombus Systems, Inc.

Service Level Agreement

Updated October 2024

This Service Level Agreement (“SLA”) is incorporated by reference into the End User License Agreement ("EULA") between Rhombus Systems, Inc. (“Rhombus”) and the Customer. All capitalized terms used but not otherwise defined herein have the respective meanings ascribed to them in the EULA.

1.         Console Performance SLA for Customers

1.1.      Availability. Rhombus will make commercially reasonable efforts to provide Console availability Uptime of 99.99%, measured on a calendar-month basis (the “Target Service Level”). Uptime is defined as any time when the Console is capable of receiving, processing, and responding to End User requests. Console Availability is calculated as a percentage by dividing (a) the number of minutes of Uptime during an applicable month by (b) the number of total minutes in the applicable month, excluding any downtime due to scheduled maintenance (where reasonable notice of downtime has been given via the Console), or lack of Uptime due to any cause that is not within the reasonable control of Rhombus, including without limitation any event of force majeure (e.g., acts of God, acts of government or governmental authorities, floods, pandemics, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Rhombus employees), war, riot, sabotage, failure of contractors and subcontractors to perform, Internet service provider failures or delays, or denial of service attacks, electrical, internet, or telecommunication outages that are not caused by Rhombus.

1.2.      Service Credits. If Rhombus fails to achieve the Target Service Level, End Users will be eligible to receive a credit (“Service Credit”) calculated as a certain number of days added to the end of their paid Console subscription period. Service Credits for any given month are based on the corresponding Console Availability measured that month as set forth below.

1.3.      Service Credit Exclusions. Rhombus does not provide Service Credits for Products not expressly referenced in these SLAs, including those designated as “beta” or otherwise not made generally available for commercial sale. Service Credits are non-transferable. To receive a Service Credit, the Customer must contact Rhombus in writing within 30 days following the end of the applicable monthly measurement period and demonstrate to Rhombus’s reasonable satisfaction that the End User’s use of the Console was adversely affected as a result of the outage. Failure to comply with this requirement will forfeit the Customer’s right to receive a Service Credit. The aggregate maximum amount of Service Credit to be issued by Rhombus to any Customer for any monthly reporting period will not exceed thirty (30) days.

1.4.      Sole Remedy. Notwithstanding any terms to the contrary in the EULA, the Service Credits are Customer’s sole and exclusive remedy for any outage of the Console.

2.         PRODUCT SUPPORT SLA

2.1.      Overview. Customer must contact the Partner from whom they have procured Products to obtain support. Rhombus will generally provide "Tier-2" technical support to the Partner to support any End User issues that the Partner is unable to resolve. For Customers buying directly from Rhombus, or those who elect to pay for additional support Services provided directly by Rhombus (each a “Support Tier-1 Customer”), requests for assistance can be made at any time, 24 hours a day, 7 days a week, and 365 days a year, through email, Rhombus’s website, the End User’s Console, or by telephone. This Product Support SLA applies to Support Tier-1 Customers only, and generally addresses support requests related to all of Rhombus’s Products; however, specific Products (e.g., Alarm Monitoring Services) that are supported through third-party vendors may have resolution delays that are outside of Rhombus’s reasonable control.

2.2.      Support Hours. Rhombus will provide standard support five (5) days per week, Monday-Friday, 5:00 a.m. to 8:00 p.m. Pacific Standard Time, and Saturday and Sunday, 9:00 a.m. to 5:00 p.m. Pacific Standard Time, excluding national holidays of the United States (“Business Hours”).  Rhombus has an off-hour support program to address issues that surface outside of Business Hours.

2.3.      Support Channels and Response Time Objectives:

2.4.      Issue Resolution. Rhombus makes no guarantee that reported issues will be resolved. The RTOs relate to Rhombus’s acknowledgment of a support request, which triggers the investigation and assessment of the request for proper issue prioritization. Rhombus will undertake to provide updates to reporting parties on Critical Severity Level issues on an hourly basis, and High Severity Level issues every four (4) hours, until resolved or until an action plan is developed and communicated to the reporting party to appropriately address or mitigate, as reasonably determined by Rhombus, the severity of the issue.