Service Level Agreement for Dynamic Yard®

February 29, 2024

This Service Level Agreement is applicable to Dynamic Yard® only. All references to the Platform below are to Dynamic Yard and all references to Subscription Fee are to the Subscription Fee for Dynamic Yard.

1. Definitions.

“Error” means any defect or malfunction in the Platform that prevents the Platform from functioning, in any material respect, in conformity with the specifications set forth in the Agreement.
“Standard Support Hours” means Monday-Friday 24 hours each day, excluding holidays recognized in the United States and/or its state(s).

2. Severity Levels.

The following table shall be used for classifying Errors:

Severity Level	Description
P0	All or a critical part of the Platform is unusable or unavailable, in any material respect, causing immediate and significant business impact.
P1	A significant, but not immediately critical, part of the Platform is unusable, creating some business impact.
P2	Disruption of a single element of the Platform that does not affect the overall use of the Platform and has minimal impact upon business operations.
P3	Non-urgent or cosmetic, causing only inconvenience.

3. Support Levels.

Company shall submit all support tickets in the FourKites Community Portal. Company will in good faith (i) provide FourKites sufficient information in relation to the issue identified in a support ticket and (ii) make commercially reasonable efforts to assist FourKites in resolving the support ticket including, where necessary, performing issue determination or issue resolution testing activities as may be reasonably suggested by FourKites. Support tickets submitted to FourKites via e-mail will not be subject to the Support Levels set forth below. FourKites shall use commercially reasonable efforts to provide the following support based upon the severity level of the Error:

Support Service:

Severity Level	Availability	Initial Response Time
P0	Telephone/online support 24/7	30 min.
P1	Telephone/online support 24/7	2 hours
P2	Telephone/online support 24/5	1 business day
P3	Telephone/online support 24/5	3 business days
Product Support Language	English

4. Fees.

‍Included in Subscription Fee.

5. Availability.

‍“Downtime” shall be defined as circumstances where the Platform is not, in all material respects, accessible to Company for reasons other than (a) malfunctions or defects in any computers, servers, software, websites, equipment or other systems of Company or Company’s third-party providers (other than FourKites), (b) scheduled downtime or deployment window for routine maintenance during off-peak hours, (c) general Internet outages, and/or (d) force majeure events or other events beyond FourKites’ reasonable control.

FourKites guarantees 99.9% availability of the Platform based on the definition of Downtime above. If Downtime during any given calendar quarter exceeds 0.1%, then FourKites will pay Company a service level credit calculated as follows (the “SLA Credits”):

Downtime (per calendar quarter)	SLA Credit
0.1% – 2.5%	Company shall receive a credit against future Subscription Fee equal to 2.5% of the pro-rated fee related to the applicable period.
2.5% – 5%	Company shall receive a credit against future Subscription Fee equal to 5% of the pro-rated fee related to the applicable period.
5% – 10%	Company shall receive a credit against future Subscription Fee equal to 20% of the pro-rated fee related to the applicable period.
>10%	Company shall receive a credit against future Subscription Fee equal to 100% of the pro-rated fee related to the applicable period.

‍