Software Service Level Agreement – SLA

Software Service Level Agreement — SLA of Wisesight (Thailand) Co., Ltd. (the "Service Provider")

1. Purpose and Scope of Service

This Service Level Agreement (the "Agreement") sets the service standards for the Service Provider's software, including but not limited to Zocial Eye, Warroom, Chatbot, Brand Scan, Influencer Directory, Command Center, Trends, Virtual Persona, Research Assistant, or other software of the Service Provider (the "Software"), and forms part of the licence to use the Software between the Service Provider and the Service Recipient. It applies to every Service Recipient using the Software, whether receiving services directly under a contract with the Service Provider or indirectly through an appointed reseller.

This Agreement forms part of the software licence agreement, the service agreement, the terms and conditions of service, or the related documents (the "Master Agreement"). In the event of any conflict between the text of this Agreement and the Master Agreement, the text of the Master Agreement shall prevail.

2. Definitions

Unless otherwise specified, the following terms in this Agreement shall have the meanings set out below.

• "Software" means the paid software system or platform that the Service Provider makes available to the Service Recipient under the Master Agreement, including but not limited to Zocial Eye, Warroom, Brand Scan, Influencer Directory, Command Center, Virtual Persona, Wisesight AI, Research Assistant, Omnichannel Solution, and other software of the Service Provider to which the Service Recipient has been granted access.
• "Service Recipient" means the contracting party granted the right to use the Software, whether directly under a Master Agreement with the Service Provider or indirectly through an appointed reseller.
• "Reseller" means a juristic person appointed in writing by the Service Provider to distribute the Software as the Company prescribes.
• "Uptime" means the period during which the Software is available and accessible, excluding periods of Excluded Downtime.
• "Downtime" means the period during which the Service Recipient is entirely unable to access or use the Software, excluding Excluded Downtime.
• "Excluded Downtime" means periods of Downtime attributable to the following causes:
  • Outages, failures, restrictions, or changes of external platforms or third-party APIs, including but not limited to Facebook, LINE, X, Instagram, YouTube;
  • Failures of the Service Recipient's network, systems, equipment, or internet service provider;
  • Scheduled Maintenance or Emergency Maintenance;
  • Force majeure;
  • Incorrect use of the system, failure to follow the manual, or unauthorised system configuration by the Service Recipient or the Service Recipient's users;
  • Failures caused by the hardware or systems/software of the Service Recipient or of third parties;
  • Software in a pre-release stage, beta testing, or trial services (as designated by the Service Provider);
  • Unauthorised acts or omissions of the Service Recipient, or acts or omissions of employees, agents, subcontractors, vendors, or any person able to access the Software or the services using the Service Recipient's credentials or equipment;
  • The Service Recipient's failure to adjust its use of the services despite specific advice given by the Service Provider;
  • The Service Recipient's failure to comply with installation requirements, platform requirements, or policies for correct use;
  • A volume of messages, comments, or private messages entering the system exceeding the Rate Limit, resulting in Message Delay.
• "Scheduled Maintenance" means a period during which the Service Recipient cannot access or use the Software because of a system stoppage for maintenance of which the Service Provider has notified the Service Recipient.
• "Emergency Maintenance" means maintenance that must be carried out urgently for security, system stability, or the prevention of serious damage.
• "Force majeure" means any event or circumstance beyond the Service Provider's reasonable control that could not be foreseen, prevented, or avoided even with the Service Provider's reasonable efforts, including but not limited to fire, flood, explosion, natural disaster, epidemic, war, riot or civil resistance, strikes, acts, orders, or restrictions of the government, state agencies, or courts, outages, failures, or restrictions of external platforms, API systems, or the infrastructure of third-party providers of communications, telecommunications, or cloud services (such as Facebook, X, TikTok, and others), cloud provider outages, including cases of abnormally high usage volume or message volume entering the system beyond the technical limits the Service Provider can control, not caused by the Service Provider's wilful act or gross negligence, as well as any other cause not attributable to the fault of the Service Provider.
• "Rate Limit" means the technical limit on the near real-time receipt and processing of messages by the Software as prescribed by the Service Provider.
• "Message Delay" means a case where messages are ingested into the system late because the incoming message volume exceeds the Rate Limit, provided that such messages are still ingested into the system and become usable once the system is able to process them in sequence.
• "Source Platform" means a third-party platform from which the Software receives data, including Facebook, Instagram, TikTok, X (formerly Twitter), YouTube, LINE, Pantip, and any other platform relevant to the Service Provider's services.
• "External AI Provider" means a third-party provider of artificial intelligence models or large language models, including OpenAI, L.L.C., Anthropic, PBC, Google LLC, and other similar providers.
• "Workaround" means the provision of a temporary method or measure enabling the Service Recipient to continue using the Software while the Service Provider works on a Permanent Resolution.
• "Permanent Resolution" means the correction of a fault that eliminates the cause of the problem, returning the Software to normal operation.

3. Service Availability

Uptime Guarantee. Throughout the service period, the Service Provider guarantees that the Software will be available for the Service Recipient's use at no less than 99% (ninety-nine per cent) per calendar month, availability being calculated as follows:

Availability (%) = ((Total time in the month (minutes) − Downtime) × 100) / Total time in the month (minutes)

Downtime does not include periods of Scheduled Maintenance, Emergency Maintenance, Excluded Downtime, or force majeure.

Further, where the system remains accessible and its core functions usable, but there is delay in receiving or displaying messages because incoming message volume exceeds the Rate Limit, that case shall not be treated as Downtime and shall not be counted in the Uptime calculation above.

Sources for measuring availability. The availability of the Software shall be calculated from evidence in system logs, reports of external providers, and the Service Provider's software monitoring tools, unless the parties agree otherwise in writing.

4. Maintenance

Scheduled Maintenance. The parties agree that the Service Provider has the right to carry out scheduled maintenance of the Software to improve system performance, stability, and security, with the Service Provider giving the Service Recipient not less than 7 (seven) days' prior notice, unless the parties agree otherwise.

The Scheduled Maintenance window shall be Monday–Wednesday, 23:59–05:00 hrs. The Service Provider reserves the right to change this window as technically necessary.

Emergency Maintenance. Where urgently necessary to prevent or remedy problems of security, system stability, or serious damage, the parties agree that the Service Provider has the right to carry out emergency maintenance immediately, giving the Service Recipient advance notice to the extent practicable, or notice as soon as possible afterwards.

5. Support and Maintenance

The Service Provider will provide technical support to the Service Recipient according to the following Severity Levels:

5.1 Severity levels and response

The above periods do not include causes of error connected with other external platforms beyond the Service Provider's control, such as the Facebook, Twitter (X), YouTube, Instagram, or Pantip platforms, or other websites.

Support Levels

Level 1 Support. The Service Provider will provide first-level support and maintenance to the Service Recipient by telephone, email, or the ticket system, with the following scope:

• Advising, guiding, and answering questions on the use of the Software;
• Assessing and assigning the severity level of the fault (Error Severity) according to the table above;
• Investigating, analysing, and identifying the cause of the problem, and proposing an initial or temporary resolution; and
• Escalating the fault to Level 2 support where it cannot be resolved at this stage.

Level 2 Support. The Service Provider will provide second-level support where the problem cannot be resolved at the first level, with the following scope:

• Resolving complex technical faults or faults concerning the internal systems of the Software;
• Explaining the results of the investigation and the resolution approach to the Service Recipient; and
• Coordinating with the technical or development teams to implement a Permanent Resolution within the period prescribed for the severity level of the fault.

6. Contact Channels

7. AI Features

The Software may include artificial intelligence features that depend on the services of External AI Providers. Details appear in the Service Provider's AI Transparency Statement.

The AI features available may differ according to the service package, customer tier, or contractual terms. The Service Provider reserves the right to add, improve, reduce, change, suspend, or discontinue the AI features available in each package from time to time.

The artificial intelligence features of the Software are not covered by the availability guarantee; unavailability, delay, or errors of AI features give rise to no claim by the Service Recipient.

Failures attributable to External AI Providers. Where an AI feature is unavailable, malfunctions, responds slowly, or ceases to operate due to:

• Failures, errors, or defects (bugs) of the systems or APIs of External AI Providers;
• Failure, stoppage, or unavailability of the servers or infrastructure of External AI Providers;
• Changes to, improvement of, discontinuation of, or suspension of the models, features, or services of External AI Providers;
• Rate limits or quotas imposed by External AI Providers; or
• Changes to the policies of External AI Providers.