Service Agreement

Version 2025/03/01

This Online Services Agreement is between the entity you represent, or, if you do not designate an entity in connection with the Services, you individually (“Customer”), and Agilysys Canada, Inc. its parents, subsidiaries and affiliates (“Agilysys”). It consists of the terms and conditions below, the Service Level Agreement (SLA), Data Processing Agreement (DPA) if applicable, as well as the Order Form between made between the Customer and Agilysys (together, the “Agreement”).

01. Software License

A. Subject to the terms of this Agreement, the Customer agrees to purchase the Services on a subscription basis set out in the Order Form in return for the payments to Agilysys in the Order Form to be made by the Customer on the dates set out in the Order Form.

B. Subject to the terms of this Agreement, Agilysys hereby grants to the Customer a non-exclusive and non-transferable (except as contemplated by this Agreement) license to use the Software described in the Order Form, solely for the Customer’s own internal business purposes in connection with processing transactions with its customers.

C. The Software may not be used to provide computer time sharing, third-party training, virtual or actual hosting, or as a service bureau for any third parties.

D. The term “Software” as used in this Agreement shall include all updates, corrections, interfaces, modifications and documentation made available by Agilysys to the Customer. Agilysys and its licensors reserve all right, title and interest in and to the Software and the Customer’s rights to use the Software are limited to those expressly granted in this Agreement.

E. You must read, agree with and accept all of the terms and conditions contained or expressly referenced in this Service Agreement, including Agilysys’s Privacy Policy, the Agilysys Terms of Use, the Agilysys DPA, the Agilysys API Terms of Use, and have read the Agilysys Compliance Terms before you may use any Agilysys Service.

02. Proprietary Material; PII, Aggregated Data

A. “Proprietary Material” means all information and materials that are not generally known to the public and in which either party, or its suppliers, customers or other persons (to the extent such party owes a duty of confidence to any such person) has rights, which is marked confidential, restricted or proprietary, or which, under all of the circumstances, ought reasonably to be treated as confidential and/or proprietary, including this Agreement. Agilysys’s Proprietary Material shall include, without limitation, the Software, all password protected material on Agilysys’s web site and all passwords provided to the Customer in connection with this Agreement. Proprietary Material does not include information that: (i) is, as of the time of its disclosure, or thereafter becomes, part of the public domain without breach of this Agreement; (ii) was known to the receiving party prior to the time of its disclosure; (iii) is independently developed by the receiving party without reference to the Proprietary Material; or (iv) is subsequently learned from a third party not subject to an obligation of confidentiality with respect to the information disclosed.

B. Each party agrees that with respect to any Proprietary Material that is disclosed by one party to the other party that, except as expressly specified in this Agreement, the party receiving such Proprietary Material shall: (i) maintain in confidence such Proprietary Material, using the same degree of care as it uses to protect its own confidential information of like nature, but not less than a reasonable degree of care; (ii) not disclose any such Proprietary Material to any person outside that party’s business organization; and (iii) use such Proprietary Material only for the purposes set forth in this Agreement, subject to the terms and conditions of this Agreement

C. The Customer shall limit the use of and access to the Software and all other Proprietary Material provided by Agilysys hereunder to its employees whose use of or access to the Software is necessary for the Customer’s business and who are bound to keep such Proprietary Material confidential. The Customer shall immediately notify Agilysys in writing of any unauthorized use of or access to Agilysys’s Proprietary Material. The Customer shall not copy any of Agilysys’s Proprietary Material without prior written notice from Agilysys.

D. Nothing in this Agreement shall limit the ability of a party in possession of the Proprietary Material (the “Receiving Party”) of the other party (the “Disclosing Party”) to disclose such Proprietary Material, and the Receiving Party shall have no liability for such disclosure, if such disclosure is (i) required to be made pursuant to law or regulation, government authority, duly authorized subpoena or court order, whereupon the Receiving Party will provide prompt notice to the Disclosing Party and give the Disclosing Party an opportunity to respond prior to such disclosure and seek a protective order or other appropriate remedy; (ii) required to be made to a court or other tribunal in connection with the enforcement of the Receiving Party’s rights under this Agreement whereupon and to the extent allowed by such court or tribunal the Receiving Party will provide prompt notice to the Disclosing Party and give the Disclosing Party an opportunity to respond prior to such disclosure and seek a protective order or other appropriate remedy; or (iii) is approved by the prior written consent of the Disclosing Party.

E. If Customer chooses to have a third party authorized by the Customer (“Authorized Third Party”) access the Agilysys Software(either through UI access, API, or other means) on its behalf, Customer acknowledges that Customer, and not Agilysys, is solely responsible and liable for (i) the acts and omissions of such Authorized Third Party in connection with Agilysys Software; (ii) the Customer isin compliance with all applicable Privacy Laws, such as GDPR,and has obtained all necessary approvals from its customers to allow Authorized Third Party access to thePII; and (iii) the issuance, removal and/or deactivation of the credentials issued for such Authorized Third Party.

03. Infringement Indemnification

A. Subject to Customer’s compliane with the terms and conditions of this Agreement, Agilysys warrants and agrees that it will defend and settle any action brought against against Customer to the extent that it is based upon a claim that the Software, as provided by Agilysys to Customer under this Agreement and used within the scope of this Agreement infringes any intellectual property rights and will pay any costs and damages reasonably attributable to such claim that are fully and finally awarded against the Customer by a court of competent jurisdiction, without opportunity for appeal. Agilysys’s obligations hereunder are contingent on the following conditions: (i) the Customer must notify Agilysys in writing promptly after the Customer becomes aware of a claim or the possibility thereof; (ii) the Customer must grant Agilysys the sole control of the settlement, compromise, negotiation and defense of any such claim; and (iii) the Customer must cooperate with Agilysys and provide Agilysys with all information related to the claim that is reasonably requested by Agilysys; provided, however, that no failure of the Customer to comply with these provisions shall relieve Agilysys of its obligations hereunder, unless and to the extent Agilysys is actually and materially prejudiced by such failure. Agilysys will not settle any claim pursuant to this section without the Customer’s written consent unless the settlement involves no admission by or penalty against the Customer.

B. If the Software or any part thereof becomes, or in Agilysys’s opinion is likely to become, the subject of a valid claim of infringement Subject to 3(a) above, Agilysys may, at its option and expense, (i) obtain the right for the Customer to continue using the Software under the terms of this Agreement; or (ii) replace or modify the Software so that it is no longer infringing and substantially equivalent in function to the enjoined Software; or (iii) if neither (i) nor (ii) are reasonably practicable, terminate Customer’s rights and Agilysys’ obligations hereunder with respect to such Software and refund to Customer the unamortized portion of the license fees paid for such Software, based upon a straight-line three (3) year depreciation commencing as of the date of delivery to Customer of such Software

C. The foregoing indemnity shall not apply to any infringement claim to the extent arising from (a) modifications to the Software made by a party other than Agilysys or Agilysys’ authorized representative; (b) the combination, operation or use of the Software with equipment, devices, software or data not supplied by Agilysys, if a claim would not have occurred but for such combination, operation or use; (c) Customer’s failure to use updated or modified Software provided by Agilysys to avoid a claim; (d) Agilysys’ compliance with any designs, specifications or plans provided by Customer; or (e) Customer’s use of the Software other than in accordance with this Agreement or documentation.

D. The provisions of this Section 3 set forth Agilysys’ sole obligations, and Customer’s sole remedies, with respect to any third party claims against Customer alleging infringement of intellectual property rights of any kind by any of the Software licensed under this agreement.

04. Warranty Disclaimer

Except as specifically provided herein, Agilysys makes no other warranties, express or implied, relating to the software or services, including, but not limited to, any implied warranties of merchantability, non-infringement, fitness for a particular purpose, and any warranties arising out of course of dealing, usage or trade. Agilysys’s express warranties shall not be enlarged, diminished or affected by, Agilysys’s rendering of advice or services in connection with the software. Agilysys does not warrant that: the customers use of the software and the services will comply with all laws or regulations applicable to the customer and its business, the availability or performance of the software or services will be uninterrupted or error free, or that transmission of data will be uncorrupted or transmitted within a reasonable period of time.

05. Limitation Of Liability Of Agilysys

A. Notwithstanding anything to the contrary contained herein, and except to the extent the claims arise out of a breach by Agilysys of its obligations under section 2 or are contained in a third party claim that is subject to the infringement indemnity in section 3, in no event shall Agilysys be responsible for special, indirect, incidental or consequential damages, including, without limitation, damages resulting from loss of profits or loss of business arising out of or in connection with the software, the services or this agreement, even if Agilysys has been advised of the possibility of such damages.

B. To the extent applicable, the customer expressly acknowledges and agrees that Agilysys shall not, under any circumstances, be liable to the customer for any indirect, incidental, consequential (including loss of use, data, business, or profits), special, exemplary, or punitive damages, or for the cost of procuring substitute products or services arising out of or in connection with this Agreement or the use or performance of the Software or services whether such liability arisis from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not such party has been advised of the possibility of such loss or damage Under no circumstances shall Agilysys be liable to the customer for any amount and the customer’s sole recourse is against the third party.

C. Under no circumstances will Agilysys’s aggregate liability to the customer arising out of or related to this agreement, whether in contract, tort, or otherwise, arising out of or in connection with the Software, the services or this Agreement exceed the amount paid by customer to Agilysys in the preceding twelve (12) months prior to the month in which the most recent event giving rise to liability occurred.

D. The provisions of this agreement allocate the risks between the customer and Agilysys. Agilysys’s pricing reflects this allocation of risks and the limitations of liability set forth herein.

E. Agilysys shall not have any liability in the event of force majeure.

06. POS Services

The Customer shall comply with all rules, regulations and agreements it has entered into in connection with the processing of credit cards including the payment gateway service(s) and the payment processing service(s).

07. User Name And Passwords

Agilysys may reject or require that the Customer change any user name or password under the Customer’s account. User names and passwords are for internal business use only and may not be shared with any third party, including any competitor of Agilysys. The Customer, and not Agilysys, is responsible for any use or misuse of user names or passwords associated with the Customer’s account.

08. Software And Support Services

A. Agilysys warrants that the Software will function materially in accordance with the user documentation provided by Agilysys for use with the specific version or release of the Software licensed hereunder. As Customer’s sole remedy and Agilysys’ entire liability for any breach of this Section 8(a), Agilysys will, at its option: (a) promptly correct any Software that fails to meet this limited warranty; (b) provide Customer with a reasonable procedure to circumvent the nonconformity; or (c) refund the fees paid by Customer for the non-conforming Software.

B. Agilysys warrants that the Software Services shall be performed in a professional and workmanlike manner.

C. The Customer will be responsible for providing a broadband high-speed connection to the Internet at its expense.

D. During the term of this Agreement, Agilysys may from time to time in its sole discretion update, modify, edit, or otherwise change the Software, all of which will be included in the Software licensed to the Customer hereunder. Notwithstanding the foregoing, Agilysys retains the right to create for-charge add-ons, which will not be included in the Software except for an additional fee as determined by Agilysys in its sole discretion.

E. The Customer shall send written notice of all suspected Errors to Agilysys, which notice shall include complete documentation of such Errors. “Error” shall mean a failure of the Software to perform materially in accordance with the user documentation provided with the specific version or release of the Software. Upon Agilysys’s request, the Customer shall cooperate with Agilysys to provide more information concerning any suspected Error. Upon receipt of an Error notice and verification by Agilysys of a reported Error, Agilysys shall use reasonable efforts to provide a software update or workaround to correct or address such Error.

F. Agilysys will provide such support services in accordance with the Service Level Agreement in Exhibit B , as may be determined from time to time between Agilysys and the Customer with respect to the Customer Property. In the absence of any agreement to the contrary, Agilysys will not be responsible for providing first-line (end user) support services to the Customer.

09. Amounts Payable By Customer

A. Customer shall pay any fees due in accordance with the payment terms set forth in the Order Form. Payments are non-cancelable, non-refundable and non-creditable with no right of offset or suspension, except as otherwise expressly provided in this Agreement. All subscription fees are due and owing for the full subscription period when purchased, and any arrangement permitting installment payments is provided to Customer solely as a courtesy that may be revoked upon a material breach of this Agreement by Customer at Agilysys’s discretion. If the Customer fails to pay any amount properly invoiced when due under this Agreement, it shall pay interest at the rate of 18% per annum (but not to exceed the maximum allowed by law) on such delinquent amount from the due date thereof until the date of payment. Customer will reimburse Agilysys for all reasonable costs and expenses incurred in collecting any overdue amounts.

B. The Customer agrees to pay in a timely manner all taxes, public fees, duties, deductions or withholdings, however designated, levied or based on the amounts payable by the Customer pursuant to this Agreement (other than taxes based upon Agilysys’s income), including state and local sales, use or equivalent taxes or amounts in lieu thereof paid or payable by Agilysys in respect thereto.

C. Customer agrees to provide Agilysys with accurate, timely and complete payment and invoicing information, including current contact information and tax identification numbers.

D. Customer agrees to pay Agilysys a 3% fee on the gross amount of any invoice that Customer requires Agilysys to process through a payment portal

10. Term And Termination

A. This Agreement shall be effective from the date hereof and shall remain in effect unless terminated as provided herein.

B. The initial term of this Agreement shall commence on the date the Customer is given access to the Agilysys Software “System Acceptance Date” and terminate on the last day of the month that is twelve (12) months from the System Acceptance Date. Thereafter it will renew for successive twelve (12) month periods upon payment of the then-current fees and payments for the Software and the Services. Either party may elect not to renew this Agreement by providing at least thirty days’ (30) notice in writing to the other prior to the commencement of the next renewal term.

C. Agilysys may prospectively increase prices.

D. Each Party will have the right to terminate this Agreement if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after written notice thereof.

E. Except as otherwise required by law, within five (5) days after the termination date of this Agreement for any reason, (i) the Customer shall return to Agilysys all Proprietary Material of Agilysys and all copies thereof in the possession, custody or control of the Customer and shall destroy or render unusable all other Proprietary Material and all copies thereof which for any reason cannot be delivered to Agilysys, except for Proprietary Material to which the Customer retains a perpetual license.

11. Other Terms

A. Customer Co-operation. The Customer agrees to provide Agilysys promptly with any cooperation and information that Agilysys may reasonably require from time to time to enable Agilysys to perform its obligations under this Agreement.

B. The Agilysys API License and Terms of Use at https://book4time.com/api-terms govern your access to and use of the Agilysys API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.

C. Customer agrees not to use the Agilysys Software for any illegal or unauthorized purpose nor may you, in the use of the Software, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Service Agreement.

D. Customer agrees that the use of the Software, including information transmitted to or stored by Agilysys, is governed by its privacy policy at https://book4time.com/privacy-policy/

12. Trademark License, Feedback

A. THE CUSTOMER GRANTS TO AGILYSYS A ROYALTY-FREE, WORLDWIDE, NON-EXCLUSIVE, SUBLICENSABLE LICENSE TO USE AND DISPLAY THE CUSTOMER’S TRADEMARKS FOR THE SOLE PURPOSE OF ENABLING AGILYSYS TO IDENTIFY THE CUSTOMER AS A CUSTOMER ON AGILYSYS’S WEBSITE AND IN ITS PROMOTIONAL MATERIALS. AGILYSYS WILL NOT MODIFY THE CUSTOMER’S TRADEMARKS. AGILYSYS ACKNOWLEDGES THAT THE CUSTOMER IS THE OWNER OF THE CUSTOMER’S TRADEMARKS AND AGILYSYS WILL NOT ACQUIRE ANY RIGHTS IN THE TRADEMARKS EXCEPT FOR THE LICENCE CONTEMPLATED BY THIS SECTION.

B. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IF THE CUSTOMER PROVIDES ANY IDEAS, SUGGESTIONS, OR RECOMMENDATIONS, WHETHER CONFIDENTIAL OR NOT, TO AGILYSYS REGARDING IPR (THE “FEEDBACK”), AGILYSYS MAY USE SUCH FEEDBACK AND INCORPORATE IT IN AGILYSYS’S PRODUCTS, TECHNOLOGIES, AND SERVICES WITHOUT ANY OBLIGATIONS OR RESTRICTIONS. THE CUSTOMER WAIVES ALL IPR IN THE FEEDBACK, AND HEREBY ASSIGNS ALL SUCH IPR TO AGILYSYS. THE CUSTOMER WILL EXECUTE ALL DOCUMENTS NECESSARY TO ASSIGN SUCH IPR THAT ARE SUBJECT OF IPR APPLICATIONS BY AGILYSYS CLAIMING THE FEEDBACK, WITHIN THIRTY DAYS (30) AFTER WRITTEN NOTICE BY AGILYSYS. THE CUSTOMER WILL REQUIRE ALL OF ITS PERSONNEL TO ASSIGN TO AGILYSYS ALL THEIR IPR ASSOCIATED WITH THE FEEDBACK. IN THIS SECTION, THE TERM “IPR” MEANS ANY RIGHT, CLAIM OR PROTECTION EXISTING FROM TIME TO TIME IN A SPECIFIC JURISDICTION, WHETHER REGISTERED OR NOT, AND WHETHER EXISTING UNDER LAW, EQUITY OR UNDER ANY OTHER THEORY INCLUDING UNDER ANY PATENT LAW OR OTHER INVENTION OR DISCOVERY LAW, COPYRIGHT LAW, PERFORMANCE OR MORAL RIGHTS LAW, DESIGN LAW, TRADE-SECRET LAW, CONFIDENTIAL INFORMATION LAW (INCLUDING BREACH OF CONFIDENCE), TRADEMARK LAW, TRADE-NAME LAW, PASSING OFF, UNFAIR COMPETITION LAW OR OTHER SIMILAR LAWS.

13. General

A. Waiver. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.

B. Severability. In the event any one or more of the provisions of this Agreement is held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired and enforced to the full extent.

C. Assignment. Neither party will assign or transfer this Agreement without the written consent of the other party, except in the case of Agilysys through merger or acquisition of Agilysys and provided the new entity remains subject to the terms and conditions of this Agreement on the same terms as Agilysys.

D. Force Majeure. Other than in respect of the payment of amounts owing by either party hereunder, neither party will have a claim against the other for any failure of performance by such party, if such failure of performance is caused by or the result solely of causes beyond the reasonable control of such other party.

E. Notices. Except as provided in Section 13(n) below, all notices, consents, requests, instructions, approvals, and other communications made, required or permitted hereunder (each herein, a “Notice”) shall be given in writing and delivered to the Customer and Agilysys at its respective address set forth on the Order Form (i) by personal delivery to the individual on the Order Form, (ii) by certified or registered mail (return receipt requested), or (iii) by a nationally recognized courier, or (iv) sent via electronic mail transmission (including pdf) to the electronic email address on the Order Form. The effective date of such Notice shall be deemed to be the date upon which any such Notice is personally received to the addressee. Any party hereto may change its address set forth on the Order Form by written notice to the other party hereto in accordance with the terms of this Section.

F. Relationship of the Parties. Neither this Agreement nor the parties’ business relationship established hereunder will be construed as a partnership, joint venture or agency relationship or as granting a franchise. Neither party will attempt to, or will have the right to, legally obligate the other party.

G. Publicity. Agilysys is entitled to disclose the Customer’s name as a customer of Agilysys on Agilysys’s website and in its marketing materials. Any use of the Customer’s trademark will comply with Section 12(a)

H. Choice of Law. This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to their conflicts of laws principles. The parties hereto attorn to the non-exclusive jurisdiction of the courts of competent jurisdiction in Toronto, Ontario, Canada.

I. Entire Agreement. This Agreement, including the Order Form, and the DPA, constitutes the entire agreement between the parties with respect to the subject matter hereof and thereof and supersedes and merges all prior proposals, understandings and agreements, oral or written, between the parties relating to the subject matter hereof.

J. If any provision, or portion of the provision, in this Service Agreement is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Service Agreement, and the Service Agreement will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Service Agreement.

K. Counterparts. This Agreement together with the Order Form may be executed in one or more counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same Agreement. The parties may sign facsimile copies of this Agreement which shall each be deemed originals.

L. Currency. All amounts in this Agreement are stated in U.S. dollars

M. Survival. The following sections will survive termination of this Agreement: Section 1 (Software License); Section 2 (Proprietary Material, PII, Aggregated Data), Section 3 (Infringement Indemnification), Section 4 (Warranty Disclaimer), Section 5 (Limitation of Liability of Agilysys), Section 9 (Amounts Payable by Customer), Section 10 (Term and Termination), Section 11 (Other Terms), Section 12 (Trademark License, Feedback), Section 13 (General). In addition, all other provisions of this Agreement that are applicable to those surviving provisions will also apply, including all definitions and general terms.

N. Amendments. Agilysys may amend, add or remove portions of this Agreement at any time and from time to time without notice and the then current version will be posted at the following website: https://book4time.com/service-agreement. If the Customer continues to use the services after any changes have been posted, or in the case of material changes, emailed to the Customer, the Customer will be deemed to have accepted them. If the Customer wishes to reject the changes, the Customer must immediately stop using the services and terminate the Customer’s account by emailing AccountsReceivable@agilysys.com. If the Agreement is amended, the date on the top left corner of this Agreement will change.

O. During the term of this Agreement and for one (1) year thereafter, Customer shall not, without the prior written permission of Agilysys, solicit, hire, or otherwise engage, directly or indirectly, the services of any person who is or has been an employee of Agilysys or its affiliates during the term of this Agreement. If Customer breaches this Section 13(o), Customer shall, on demand, pay to Agilysys a sum equal to one year’s basic salary that was payable by Agilysys to that employee, plus the recruitment costs incurred by Agilysys in replacing such person.

Exhibit B: Service Level Agreement

Your Agilysys contract includes access to our help desk support. Our team is fully equipped to troubleshoot and resolve all product related inquiries and technical issues you may experience with your account. Product support is available to only registered Agilysys System Administrators at your property by opening a ticket via email or telephone.

Severity	Description	Service Level	Resolution
Enhancement Request	An enhancement request is a new feature or modification of an existing feature in the Software.	5 business days	If the enhancement is accepted, the planned release date for the feature / modification will be provided to the property. Agilysys reserves the right to decline any enhancement request at its sole discretion.
Normal Priority Example:“ How- to” use the system questions.	A normal priority request is a ‘how-to’ question or problem with the Software that does not affect the main features or general usability of the system.	2 business days	Normal priority issues are reviewed by our help desk as the first point of contact. For normal how-to support issues, a resolution is provided via email or telephone usually within 24 hours. If the request is determined to be an issue in the system, it is escalated for further analysis and resolution will be provided in the next planned QA cycle and scheduled release.
High Priority Example: Key Feature is not working as designed.	A high priority request is a problem with the Software that prevents key features from working and/or impacts the day-to-day operations. Has high impact on day-to-day operations of the system. A workaround has been provided, but condition and workaround severely impact guest service or financial results.	Immediate to within 4 hours	High priority issues are reviewed by our support help desk as the first point of contact. If the issue is determined to be high priority, the request is escalated for immediate investigation and resolution. Once the cause has been determined and resolution found, a hot-fix will be provided to the property.
Critical Example: Entire System is down or main operation is not working	A critical request is a problem with the Software that prevents the main operations of the system with no viable workaround. To be classified as critical, the problem has to directly impact your entire operations.	Immediate to 2 hours	All critical issues are immediately escalated to an on-call developer and management. Once the cause has been determined and resolution found, a hot-fix will be provided to property or remotely fixed if warranted.
Availability of the Services	The % of the time each month that the Services will be available to users for normal use, not including scheduled downtime. Scheduled downtime shall be for regular maintenance and upgrades and shall generally take place at the following times: a) NA: Monday mornings between 1AM and 4AM U.S. Eastern Time. b) EMEA: Wednesday evenings between 8PM and 10PM U.S. Eastern Time. c) APAC: Monday afternoons between 2PM and 4PM U.S. Eastern Time	The Services will be available to users for normal use 99.95% of the time each month, not including scheduled downtime.	All service interruptions are immediately escalated to an on-call developer and management. Once the cause has been determined and resolution found, a fix will be implemented immediately.
Response Time	The internal system response time for key transactions.	The internal system response time for key transactions shall be no more than one (1) second for 95% of the transactions each month.	Response Times are monitored and any anomalies are immediately escalated to an on-call developer and management. Once the cause has been determined and resolution found, a fix will be implemented immediately.

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