Support and service level policy

Contents

• 1. Purpose
• 2. Support channels and hours
• 3. Request severity and response times
• 4. Service availability
• 5. Guaranteed restoration time (GRT)
• 6. Maintenance
• 7. Service level credits
• 8. Backups and restoration
• 9. Security and incidents
• 10. Changes to the Policy

1. Purpose

1.1. This Support and service level policy (the “Policy”) describes the support included in every Subscription to the KISMO service (the “Service”), KISMO’s commitments on availability and restoration, and the credits owed to the Client in the event of a shortfall. It is one of the Contractual documents referred to in the Terms of sale and subscription (the “Terms of Sale”), whose definitions apply.

1.2. Support is included in the Subscription for its entire term, for all Members of the Space, at no extra cost. All Clients currently receive the same level of support; Enterprise Plan Clients also have a dedicated contact (Account Manager) during implementation, under the conditions of their quote.

2. Support channels and hours

2.1. Support requests are made:

• from the Service, with the “Send feedback” button (which sends the report, the technical context and, if the Member chooses, a screenshot);
• on KISMO’s help desk (request portal) whose address is shown in the Service, by creating a request describing the problem, the steps to reproduce it and its impact;
• otherwise, by email to the support address shown in the Service (at the date hereof: support@kismo.ai).

2.2. Requests are logged and acknowledged 24 hours a day, 7 days a week: each request receives an automatic acknowledgement and a tracking number, and service outages are detected by KISMO’s monitoring at any time. Qualification and human handling of requests, including service outages, are provided on business days in France, from 9 am to 6 pm, Paris time (the “Business Hours”). Outside Business Hours, KISMO may intervene when the severity of the incident and the availability of its team allow, with no commitment to do so.

2.3. Support is provided in French and in English. It covers use of the Service, resolution of defects and account management. It does not include training Members, configuring third-party tools, recovering content deleted by the Client beyond the thirty-day trash, or assistance with the Client’s equipment and networks; these services may be offered on quote.

3. Request severity and response times

3.1. Each request is qualified by KISMO according to the following levels; the Client may suggest a level, the final qualification being made by KISMO on objective criteria. Times expressed in business hours or days run during the Business Hours defined in section 2.2.

3.2. Times run from receipt of the request by KISMO, provided the Client gives the necessary information (Space identifier, description, steps to reproduce, screenshots) and remains reachable. A request is closed when the Service works normally again or when a reasonable workaround is provided; the Client may reopen it within five (5) days if the defect persists.

3.3. KISMO keeps the Client informed of progress on P1 and P2 requests and publishes the status of the Service in the event of an incident affecting several Clients.

4. Service availability

4.1. Commitment. KISMO commits to a monthly Service availability of at least 99% (the “Availability rate”), calculated as follows: (minutes in the calendar month, minus minutes of Unavailability, minus excluded minutes) divided by (minutes in the calendar month, minus excluded minutes). The Availability rate is measured over all hours of the calendar month, not only Business Hours.

4.2. Unavailability. “Unavailability” means any period during which the Service is inaccessible for all Members of the Space or during which an essential function (capture, memory production, access to memories) is down with no workaround, as recorded by KISMO’s external monitoring tool or by a P1 request from the Client confirmed by KISMO. Unavailability is counted from the earlier of: detection by KISMO’s monitoring or receipt of the P1 request.

4.3. Exclusions. The following do not count as Unavailability: planned maintenance (section 6); interruptions attributable to the Client, its Members, its equipment, networks or settings, or to a breach of the Contractual documents; failures of video conferencing platforms, telecommunications operators, Internet networks, calendars and third-party applications connected by the Client, or of an external artificial intelligence assistant; simultaneous unavailability of all AI Providers for a function despite automatic failover; features flagged as in testing, in beta or “coming soon”; force majeure and large-scale cyberattacks; suspensions decided in accordance with the Terms of Sale.

4.4. Continuity of artificial intelligence models. The Service is designed not to depend on any single AI Provider: if a model becomes unavailable or its quality drops, the Service automatically fails over to an equivalent backup model. This failover is a continuity commitment; the Client is informed that the behavior of the Results (style, length, accuracy) may vary temporarily during failover.

5. Guaranteed restoration time (GRT)

5.1. For any Unavailability qualified as P1, KISMO commits to restore the Service, or to provide a workaround allowing the essential functions to resume, within four (4) business hours from the start of the Unavailability or, if later, from the start of the next Business Hours (the “GRT”). The GRT is assessed as a monthly average when several P1 incidents occur in the same month.

5.2. The GRT does not apply to the exclusions in section 4.3 or to incidents whose cause lies outside the scope operated by KISMO.

5.3. The availability commitment in section 4 applies at all hours: Unavailability occurring outside Business Hours is counted in the Availability rate and, where applicable, gives entitlement to the credits in section 7.

6. Maintenance

6.1. Planned maintenance is preferably carried out on Sundays between 10 pm and 6 am, Paris time, and announced in the Service at least forty-eight (48) hours in advance, with its expected duration. It does not exceed eight (8) cumulative hours per month.

6.2. Routine updates to the Service are designed to be deployed without interruption. When an update requires the application to be reloaded, the Service informs the Members; analyses and recordings in progress are preserved or resumed. Emergency maintenance needed for security may be carried out without notice; the Client is informed afterwards.

7. Service level credits

7.1. Unavailability credit. When, during a calendar month, the Availability rate is not met or the GRT is not respected, the Client is entitled to a credit equal to one (1) day of Subscription per day of Unavailability, a day of Unavailability being any started block of twenty-four (24) cumulative hours of Unavailability during the month, beyond a deductible of four (4) cumulative hours. One day of Subscription is worth one thirtieth of the monthly Plan price excluding tax for a monthly Subscription and one three hundred and sixty-fifth of the annual price excluding tax for an annual Subscription, multiplied where applicable by the number of Seats billed.

7.2. Cap. Credits for a given month are capped at 50% of the monthly price excluding tax (or of the monthly equivalent of the annual price).

7.3. Procedure. The Client requests the credit within thirty (30) days after the end of the month concerned, by email to the support address, stating the dates and durations of Unavailability and the corresponding request numbers. KISMO checks the request against its monitoring records and applies the credit to the next invoice; for an annual Subscription ending without renewal, the credit is refunded. Outside this case, the credit cannot be converted into cash.

7.4. Exclusive remedy. Credits are the Client’s exclusive remedy for shortfalls in service levels, without prejudice to its right to terminate for serious breach under the conditions of the Terms of Sale when the Availability rate is below 95% for two (2) consecutive months.

8. Backups and restoration

8.1. KISMO makes automatic daily backups of Content and Results, stored encrypted on a site separate from production, and regularly checks that they can be restored. Backups are used for KISMO’s business recovery; they are not an archiving service for the Client.

8.2. A memory deleted by a Member can be recovered by that Member from the trash for thirty (30) days. Beyond that, or for a broader restoration, KISMO may offer a restoration on quote, within the retention period of its backups.

9. Security and incidents

9.1. KISMO’s security measures are described in section 13.1 of the Terms of Sale and on the Website’s Security page. KISMO notifies the Client of any personal data breach affecting its Content under the conditions of section 17 of the Terms of Sale, and of any major security incident affecting the Service as soon as its causes and scope are reasonably established.

9.2. The Client reports to KISMO without delay any security incident it becomes aware of (compromised account, unauthorized access, abnormal behavior).

10. Changes to the Policy

KISMO may change this Policy under the conditions for amending the Terms of Sale, without reducing the availability and GRT commitments during a current annual Period.