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The following terms and conditions shall apply to the maintenance and support services offered by M32.

1. DEFINITIONS

• 1.1.  “Business Day” M32’s support team shall be available to the Client between the hours of 9 a.m. and 5 p.m. (Eastern time zone) on any day that is neither a Saturday, a Sunday nor a statutory holiday.
• 1.2. “Hour” means each hour within a Business Day.
• 1.3.“Incident” shall mean any event which causes, or may cause, an interruption to, or a reduction in the quality of the use of the Application.
• 1.4.“Resolution” shall mean (1) when M32 provides the Client with a Workaround, (2) a definitive resolution of the Incident, (3) the Incident is resolved to the satisfaction of the Client, (4) the Incident cannot be reproduced, (5) the Client closes the Support Request, or (6) M32 has provided the Client with the required information to resolve the Incident. Resolution includes the instances where M32 provides the Client with an incident resolution plan outlining the manner in which it will address any Incidents requiring particular investigation and/or development.
• 1.5.“Scheduled Downtime” is defined as Sunday from 2 a.m. to 6 a.m. Eastern time when the Application may not be available to the Client for the purpose of maintenance. Scheduled Downtime also includes any other planned downtime whereby the Client will be notified at least seventy-two (72) hours in advance.
• 1.6.“Workaround” shall mean an action proposed by M32 to the Client allowing the Client to use the Application to meet its normal business operations until a Resolution. For the purposes of the service levels under this Schedule, a Workaround is deemed to be a Resolution.

2.APPLICATION AVAILABILITY

• 2.1. Availability Target. Except as provided hereunder, M32 shall maintain at a minimum, an Application uptime availability of 99.5% or greater within a given calendar month. The following circumstances shall not be taken into consideration for the purpose of establishing the Application uptime availability:
1. a downtime caused by factors outside M32, its employees, representatives and/or service providers’ reasonable control;
2. a downtime resulting from the Client, its employees, representatives and/or service providers’ misuse of the Application, failure of any Client-managed components, Digital Properties, equipment, hardware or software;
3. a downtime caused by Force Majeure;
4. a Scheduled Downtime.

3.INCIDENT MANAGEMENT

• 3.1. Support Request: The Client’s support requests must be sent to techsupport@m32.media for all Incidents. Support services shall be offered to the Client during the support Hours.
• 3.2. Support Information: All support requests made by the Client must specify the nature of the Incident, allow M32 to reproduce the Incident, specify the environment and context where the Incident occurs, the appropriate Client contact person’s name, email and phone number, and the Incident priority.
• 3.3. Targeted Incident Resolution Priority. The table below outlines M32’s targeted Resolution timeframes based on the Incident priority levels applicable during support Hours.

• 3.4. Incident Priority. M32 shall, in its discretion, reclassify an Incident priority upon assessment of the support information provided by the Client and the Incident impact on the use of the Application.
• 3.5. Priority Level Definitions.

a. Critical. A Critical Incident priority is when the following occur cumulatively:

• • • The Application is entirely inoperable, inaccessible or the critical interface has failed.
    • There is an inability to access the Application resulting in a critical impact on operations.
    • No workaround is immediately possible.

b. Medium. A Medium Incident priority is when the following occur cumulatively:

• • • Business operations can continue in a restricted fashion, although long-term productivity might be adversely affected.
    • A temporary workaround is available.

c. Low. A Low Incident priority is when any of the following occur:

• • • Partial, non-critical loss of functionality of the services.
    • Some operations are impaired, but the Application can be used as intended.
    • General usage questions.
    • Cosmetic issues.
    • Documentation errors.

• 3.6. Escalation Procedure. In the event that the Resolution time has lapsed and M32 has not provided the Client with a Resolution or a resolution plan, the Client must follow the below escalation procedure:

• • • The Client must send an email to its M32 designated account manager providing any relevant information and details concerning the Incident;
    • If the M32 designated account manager does not respond to the Client’s request within two (2) hours, the Client must send an email to urgences@m32.media.

April, 2021