User-Support-Services

USER SUPPORT SERVICES ADDENDUM

Last Updated: October 2023 

This User Support Services Addendum (this “Addendum”) is incorporated by reference into the Master Service Agreement in place between Customer and Loopio UK, whether formed by separately executed agreement or by acceptance of the Master Service Agreement (in each case, the “Agreement”). In the event of any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of any inconsistency. 

Any capitalized terms used but not defined below have the meanings set out in the Agreement, including its other schedules, exhibits or addenda.

• Definitions 

1. 1. “Error” means a single, reproducible defect or problem that prevents the Customer from operating or accessing the Loopio Solution in accordance with the Agreement. For clarity, an Error does not mean general support questions or feature suggestions. 
   2. “Resolution Time” means the time allocated for Loopio UK to provide a correction or Work-Around to an Error based on the Severity Level of that Error, as described in the Resolution and Response Matrix. 
   3. “Resolution and Response Matrix” refers to the following table:

1. “Response Time” means the time allocated for Loopio UK to respond to a service request received during Support Hours, based on the Severity Level of that Error, as described in the Resolution and Response Matrix.
2. “Service Level Default” means (a) Loopio UK’s failure to meet its Response Time and Resolution Time objectives, set out herein at Section 2, for Severity 1 Errors or Severity 2 Errors three (3) times in any consecutive sixty (60) day period, or (b) Loopio UK’s failure to correct, or provide a Work-Around for, a Severity 1 Error or Severity 2 Error within thirty (30) days after Customer’s original notice thereof. 
3. “Severity 1 Error” means an Error that causes the Loopio Solution in a production environment to be unavailable or cease operating in a material respect. 
4. “Severity 2 Error” means an Error that causes a significant existing function of the Loopio Solution in a production environment to be unavailable or materially impaired, although it still operates. 
5. “Severity 3 Error” means an Error that causes a minor existing function of the Loopio Solution, whether in a production or development environment, to be unavailable or impaired which adversely affects Customer’s ability to use the Loopio Solution. 
6. “Support Hours” means the hours during which Loopio UK makes support available to the Customer, as defined in Section 2.1 of this Addendum. 
7. “Work-Around” means a temporary work-around, patch, or bypass supplied by Loopio UK in order to temporarily correct the Error; provided, however, that (a) the Loopio Solution’s functionality, compatibility, or use is not adversely affected, and (b) the work-around is not unduly burdensome to Customer. Notwithstanding the availability of a Work-Around, Loopio UK will continue to work to fix the Error. 

• Support

1. 1. 1. Loopio UK will provide User Support Services during the following hours: Sunday to Friday, 2300hrs – 2100hrs EST, excluding statutory holidays observed in the Province of Ontario, Canada, and will respond to Errors in accordance with the severity level reasonably assigned by Loopio UK below, whether the Error is encountered in Production or in Development.

• Response and Resolution Times 

1. 1. 1. Loopio UK will respond to and resolve Errors in accordance with the Response and Resolution Matrix, pursuant to the severity level reasonably assigned by Loopio UK, whether the Error is encountered in Production or in Development, as applicable.
      2. Resolution of all Errors will depend on the type of issue, severity and the complexity of the request. Notwithstanding anything to the contrary herein, Loopio UK will endeavour to resolve all Errors in accordance with the resolution time defined in the Response and Resolution Matrix, however Loopio UK makes no guarantee or warranty, whether express or implied, on the actual time required to resolve an Error. 

• Service Level Defaults 

1. 1. 1. Upon occurrence of a Service Level Default, and upon written notice to Loopio UK, Customer may promptly terminate the Agreement and receive a prorated refund of all unused prepaid fees from the effective date of termination. 

• Changes

1. 1. Loopio UK may update this Addendum from time to time by posting a revised version. The revised version will become effective and binding on the next business day after it is posted by Loopio UK.  Loopio UK will provide Customer with notice of this revision by email or in-app notification. If Customer objects to the revisions, notice must be provided to Loopio UK at legal@loopio.com within thirty (30) days after the revised Addendum becomes binding and effective. If Customer provides such notice, then Customer’s subscription will continue to be governed by the terms of the Addendum prior to modification until Customer’s next renewal date, after which the revised version shall govern. If Loopio UK can no longer reasonably provide the subscription to Customer under the terms of the Addendum prior to modification (for example, if the modifications are required by law or result from general product changes), then Customer may elect to terminate the Agreement and receive a prorated refund of any prepaid but unused fees from the date of termination.