READ THE TERMS AND CONDITIONS OF THIS SERVICE LEVEL AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, ACCESSING OR OTHERWISE USING ANY PART OF THE SIMSPACE ON-PREM SOFTWARE, SOFTWARE SERVICES, INFRASTRUCTURE, HARDWARE, AND/OR PROVIDED CONTENT (TOGETHER KNOWN AS THE “SIMSPACE PRODUCTS”). THE SIMSPACE PRODUCTS ARE THE PROPERTY OF SIMSPACE CORPORATION. CLICKING ON THE “I ACCEPT” BUTTON BELOW, OR IN ANY OTHER WAY INSTALLING, ACCESSING, COPYING OR USING THE SIMSPACE PRODUCTS, CREATES A LEGALLY ENFORCEABLE CONTRACT AND CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION. IF END USER (DEFINED BELOW) IS NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT, OR IF END USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN END USER MUST CLICK ON THE “CANCEL” BUTTON BELOW, AND END USER MUST NOT INSTALL, ACCESS, COPY OR USE THE SIMSPACE PRODUCTS, AND END USER MUST, IMMEDIATELY DELETE AND PERMANENTLY ERASE FROM ALL COMPUTER MEMORIES AND STORAGE MEDIA ALL COPIES OF THE SIMSPACE PRODUCTS AND DOCUMENTATION.
This Service Level Agreement (“SLA”) governs the use of SimSpace Corporation’s proprietary SimSpace Products accessible at https://portal.simspace.com (“Products”). This SLA applies to the licensed End User for the SimSpace Cyber Range and standard Training and Attack Content. Unless otherwise provided herein, this SLA is subject to the terms of the SimSpace End User Agreement (the “End User Agreement”) and defined terms will have the meaning specified in the End User Agreement. SimSpace reserves the right to change the terms of this SLA in accordance with the End User Agreement.
DEFINITIONS
The following terms will have the following meanings when used in this Service Level Agreement:
“Applicable Product Fees” means the Product fees paid to SimSpace under the End User Agreement or other contract (before deducting any credits to which End User is entitled) for the billing period in which the Service Level Default occurred. For avoidance of doubt, any Hardware and Infrastructure fees are not included as part of this SLA.
“Business Day” means the consecutive twenty-four (24) hour period day commonly observed as a working day in Boston, Massachusetts (EST), not including observed local holidays. All support shall be done by SimSpace remotely and in English, unless otherwise agreed to by SimSpace.
“Business Hours” means the hours during which the technical support staff is available and can address requests and Service Tickets. The service response and resolution times will be measured based on standard business hours. Business Hours are Monday through Friday from 7AM to 7PM Eastern Standard Time (EST).
“Downtime” means a Measurement Interval during which the Product is unavailable or otherwise not usable to the End User when the End User was attempting to use the Product, excluding Scheduled Downtime or Reactive Maintenance. Downtime begins upon the receipt of a Service Ticket and is calculated employing the Resolution Time.
“Reactive Maintenance” means a failure that happens unexpectedly that requires immediate SimSpace response.
“Exclusions” mean (i) Hardware, (ii) Infrastructure, (iii) software, hardware, network, or other third-party failures that are outside the reasonable control of SimSpace, (iv) End User created Content, (v) Scheduled Downtime, and (vi) Reactive maintenance.
“Hosted Services” - refers to Simspace SaaS Service and Products hosted in SimSpace data centers.
“Measurement Interval” means one minute.
“Measurement Period” means one month, less any Scheduled Downtime.
“SimSpace Content” means Content created and published by SimSpace and generally available on SimSpace’s public website www.simspace.com and/or on SimSpace’s password-protected Support Portal.
“Resolution Time” means the elapsed clock time between (i) End User’s Service Ticket to report a problem and (ii) implementation of a change in, or adjustment to, the Product that corrects the problem and restores the Product.
“Response Time” means the elapsed clock time between (i) the receipt of a Service Ticket reporting an issue or problem and (ii) the availability of a SimSpace technical support team during Business Hours capable of understanding the problem. Response Time will be measured within Business Hours.
“Scheduled Downtime” means a Measurement Interval during which the Product is unavailable due to maintenance. SimSpace’s Scheduled Maintenance occurs weekly on Wednesday from 8pm-11pm local time to the data center. SimSpace reserves the right to change the Scheduled Maintenance time by giving thirty (30) day’s notice, such notice may include a general announcement through the Service or Product.
“Service” means the use of SimSpace’s proprietary Cyber Range or Cyber Force Platform solution.
“Service Ticket” means the receipt by SimSpace of a notification from an End User of a Product issue or interruption. The two options for creating a Service Ticket are : 1) Using the SimSpace portal to open a ticket; or 2) Emailing support@simspace.com
“Workaround” means a solution that resolves a problem without decreasing Product features, functionality or performance or resulting in an added burden or expense to the End User.
SERVICE COMMITMENTS
SimSpace has set forth Service Levels in the included Service Level table.
SERVICE LEVEL
Metric
Standard
Availability – Percentage of Measurement Intervals in which the End User is using the Product that are not during a Scheduled Downtime. This applies to SimSpace Hosted Services only and exempts Scheduled Downtime and Reactive Maintenance.
99.9% of each Measurement Period
REMEDIES
Problem Priority
Priority Definition
Service Level Metrics and Standards
Required Response Time
Required Action/Escalation
Priority 1 (Critical)
A problem that makes Use of the Service by an End User commercially
unfeasible, impossible or seriously impractical.
Standard: Within 60 minutes.
SimSpace will use all commercially reasonable efforts to resolve each problem as quickly as possible within 6 hours after a Service Ticket is submitted to SimSpace.
SimSpace will provide qualified technical support and developer personnel until it is corrected.
Priority 2 (Serious)
A problem that makes continued use of the Product seriously inconvenient or substantially reduces the value of the Product to an End User.
Standard: Within 120 minutes.
SimSpace will use all commercially reasonable efforts to resolve each problem as quickly as possible within 6 hours after a Service Ticket is submitted to SimSpace.
SimSpace will provide qualified technical support and developer personnel until it is corrected.
Priority 3 (Moderate)
A problem that affects any process or function that is non-critical to the Product, but does not qualify as a
Priority 1 or a Priority 2 problem.
Standard: Within 4 hours.
SimSpace will use all commercially reasonable efforts to resolve each Priority 3 problem within 30 days after a Service Ticket is submitted to SimSpace.
SimSpace will provide qualified technical support and developer personnel until it is corrected.
Priority 4 (Low)
Minor problems that do not adversely impact any process or function, errors in documentation, or a question or support inquiry.
Standard: Within 1 business day.
This includes enhancement requests.
SimSpace may correct such issue in a future scheduled update or release of the Product.
SYSTEM MAINTENANCE
For on-premise Cyber Range deployments, the End User must provide remote access to the SimSpace solution during at minimum the following periods:
Implementation/Configuration
Maintenance updates
Troubleshooting by SimSpace Technical Support (in response to a Service Ticket)
The remote access can be granted via Customer VPN and must fall within SimSpace Business Hours. Service Level response times only apply if these conditions are met by the End User or their authorized representative. The SimSpace Technical Support commitments only apply to Software and Content Versions within 1 year of release date. System performance issues related to the hardware, infrastructure, cloud services, and network at the End User location are the responsibility of the End User. All infrastructure provided by the End User must meet SimSpace’s minimum technical specifications.
SIMSPACE CONTENT
The SimSpace Cyber Force Platform includes generally available Training and Attack content as documented in SimSpace Content Catalogs as found on SimSpace’s public website: www.simspace.com. Any additional content, either created by the End User or created by SimSpace via a separate Statement Of Work, is outside the scope of the SLA provisions.
SLA EXCLUSIONS
The Service Commitment does not apply to any unavailability, degradation, suspension or termination of the SimSpace Cyber Range which is:
caused by factors outside of SimSpace’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of SimSpace;
result from any actions or inactions of the Party or any third party, including failure to acknowledge documented procedures, warnings and guidance;
result from failures of the Party’s equipment, software or other technology and or the Party’s third party equipment, software or other technology;
failure or interruption of service from SimSpace’s third party infrastructure service or network providers, or
arising from SimSpace’s suspension and termination of your right to use the SimSpace Cyber Range in accordance with the End User Agreement.
