Legal

Service Level Agreement

Service Level Agreement&nbsp;This Service Level Agreement (“SLA”) is made in accordance with, and subject to, the terms and conditions of the applicable Order Form and the Master Services Agreement (including any applicable exhibits), made by and between Merchant (“Merchant” or “You”) and Bolt Financial, Inc. (“Bolt”), (the “Agreement”). &nbsp;Bolt may change the terms of this SLA from time to time and will notify You by posting notice in the Merchant Dashboard or by sending You written notice to the email address associated with your Merchant Account. Capitalized terms used but not defined in this SLA have the meanings ascribed to them in the Agreement.1. Definitions. The following definitions shall apply to the SLA.<ul><li>“Bolt Services Uptime” means all times other than Unscheduled Downtime and Scheduled Downtime.</li><li>“Downtime” means a period of time during which Bolt Services are not accessible to the user.&nbsp; “Unscheduled Downtime” is a period during which the Bolt Services are interrupted and not usable, except that Unscheduled Down Time does not include unavailability or interruptions due to (1) acts or omissions of Merchant; its employees, contractors or agents or its end users, including without limitation software modifications, updates or changes, or, applications or systems not owned or controlled by Bolt; (2) Merchant’s breach of the Agreement; (3) &nbsp;acts or omissions of third parties; or (4) a force majeure event, including without limitation disruptions in the operation of the Internet or other occurrences outside Bolt’s control.</li><li>“Scheduled Downtime” is a period during which a scheduled maintenance that involves Downtime which normally takes place on Saturday, Sunday or Monday between the hours of 00:01 and 06:00, Pacific Time and typically involves Downtime of less than ten minutes. Bolt will provide notice of Scheduled Downtime via status.bolt.com at least five (5) business days in advance.</li></ul>2. Service Levels. Table 1 (“Service Levels”) describes how Bolt categorizes incidents by severity level, and sets forth the service levels Bolt will meet for incidents of each severity level.Table 1. Service Levels.&nbsp;<figure class="table"><table><tbody><tr><td>Incident Severity and Description</td><td>Bolt Service Level</td></tr><tr><td>Priority 0 (P0) (highest severity)&nbsp;This is a severe incident resulting in Unscheduled Downtime with no Merchant workaround and all or the majority of Merchant’s customers cannot complete checkout.</td><td>Bolt will promptly respond to P0 tickets within thirty (30) minutes, twenty-four (24) hours per day, seven (7) days per week. &nbsp;</td></tr><tr><td>Priority 1 (P1)&nbsp;This is a serious incident in a production environment that is not P0 and in which (i) a fundamental function is experiencing abnormal behavior causing major inconvenience or common operations to fail consistently, with no functionally equivalent workaround or (ii) a significant portion of customers cannot complete checkout or cannot use an otherwise available checkout feature or function (e.g., a payment method is not functioning).</td><td>Bolt will promptly respond to all bona fide P1 helpdesk tickets and support inquiries within one (1) business hour to acknowledge the issue and provide an update in accordance with the support hours specified in Section 3 below.</td></tr><tr><td>Priority 2 (P2)This is an incident in a production environment that is not P0 or P1, in which a fundamental function is experiencing abnormal behavior causing a common operation to sometimes fail or a less common operation to fail consistently.</td><td>Bolt will use commercially reasonable efforts to respond to all bona fide P2 helpdesk tickets and support inquiries within one (1) business day to acknowledge the issue and provide an update in accordance with the support hours specified in Section 3 below.</td></tr><tr><td>Priority 3 (P3)This is an incident in which a Merchant has a question about how to use the application, requests information or clarification regarding the services or application, or a minor issue that does not significantly impede operations.</td><td>Bolt will use commercially reasonable efforts to respond to all bona fide helpdesk tickets and support inquiries within one (1) business day to acknowledge the issue and provide an update in accordance with the support hours specified in Section 3 below.</td></tr><tr><td>Feature Request (FR) (lowest severity)&nbsp;This is a Merchant request for new feature functionality that does not currently exist. Feature requests are logged, prioritized and reviewed for input into future product design.</td><td>Bolt will use commercially reasonable efforts to to acknowledge the feature request &nbsp;in accordance with the support hours specified in Section 3 below. &nbsp;All feature requests are logged with the Merchant account.</td></tr><tr><td>Merchant-Liable Dispute Representment (MLDR) (lowest severity)&nbsp;This is a Merchant request for Bolt to represent a Merchant-liable chargeback dispute on the merchant’s behalf. Such requests are applicable only to merchants using Bolt Payments.</td><td>Bolt will use commercially reasonable efforts to acknowledge the Merchant-Liable Dispute Representment request within (1) one business day &nbsp;in accordance with the Dispute Representment hours specified Section 3 below.</td></tr></tbody></table></figure>&nbsp;3. Hours. In accordance with the service levels specified in Table 1, Bolt will be available to respond to Merchant regarding Priority 0 incidents twenty-four (24) hours per day, seven (7) days per week. For incidents of any other severity, Bolt will provide technical support to Merchant via email on weekdays between the hours of 05:30 to 18:00 Pacific Time, excluding federal holidays (“Support Hours”). For Merchant-Liable Dispute Representment, Bolt will be available to respond to Merchant via email on weekdays between the hours of 9:00 to 17:00 Pacific Time, excluding federal holidays (“Dispute Representment Hours”).4. Contacting Technical Support. Merchant must promptly contact Bolt Technical Support and report Downtime by going to the <a href="https://support.bolt.com/hc/en-us">Company Help Center</a> (also via the in-application support form) and initiating a helpdesk ticket. Merchant may also access self-service help through the <a href="https://support.bolt.com/hc/en-us">Company Help Center</a>.&nbsp;5. Access to Merchant Account. Merchant acknowledges and agrees that Bolt may access Merchant’s Bolt account and environment for issue resolution purposes. Although Bolt Technical Support will attempt to obtain Merchant’s written approval before making any changes to Merchant Data or account settings, Merchant agrees in the event of an emergency Bolt may take necessary or advisable action without Merchant’s consent to prevent material harm to Merchant’s or Bolt’s business, prevent illegal activity (e.g., by unauthorized third parties), and prevent security incidents.&nbsp;5. Merchant’s Obligations.&nbsp; In order to ensure that Bolt is able to meet the response times set forth above and provide support in the most efficient manner, Merchant agrees, in addition to using its reasonable efforts to provide Bolt with all relevant information reasonably necessary for Bolt to respond and Merchant’s general cooperation: (a) to submit support requests to Bolt’s Technical Support; (b) to use reasonable efforts to diagnose and resolve problems in the operation of Merchant’s interface to the Bolt Services prior to contacting Bolt; (c) to use reasonable efforts to consult Bolt-supplied documentation and use self-service help before submitting questions to Bolt; and (d) to collaborate with Bolt to return support requests to reasonable levels if Bolt deems that Merchant’s support requests exceed reasonable or typical levels. Merchant must use commercially reasonable efforts to notify Bolt of any problems with the Bolt Services in a timely manner.7. Remedies. Notwithstanding anything to the contrary in the Agreement, Merchant may terminate the Agreement without penalty if i) Bolt fails to meet a Bolt Services Uptime of at least 99.9% during any three calendar months in any continuous six month period, and ii) Merchant has used commercially reasonable efforts to notify Bolt of any Downtime in a timely manner. This termination right shall be Merchant’s sole remedy for any failure to meet committed services levels under this SLA. To exercise its termination right under this SLA, Merchant must deliver written notice of termination to Bolt no later than ten (10) business days after its right to terminate under this Section accrues.<a href="https://www.bolt.com/msa/sla-archive">Previous Version: September 28, 2021</a>