4. Response and Resolution Targets

Notes:

• Response Time means time to acknowledge and start triage after the issue is logged.

• Resolution Time means time to restore full function or provide a validated workaround.

5. Availability and Uptime

5.1 Uptime Commitment

The B4C System’s cloud platform will maintain a minimum 99.5 % monthly uptime, excluding scheduled maintenance.
Uptime = (Total minutes in month – Downtime minutes) / Total minutes × 100.

5.2 Measurement Source

The authoritative source for uptime and incidents is Company’s public status portal:
https://brain4care.statuspage.io.
This portal is the system of record for:

• Real-time system status

• Incident timelines

• Historical uptime metrics

• Maintenance notifications

5.3 Status Classifications

Braincare aligns internal incident priorities with the following public classifications:

• Operational – All systems fully functional.

• Degraded Performance – Minor service impairment; corresponds to P2–P3 issues.

• Partial Outage – Major subsystem affected; corresponds to P1–P2 issues.

• Major Outage – Full system unavailable; corresponds to P1 issues.

Classifications correspond to the Priority levels defined in Section 3.

5.4 Maintenance Notifications

Scheduled maintenance will be posted at least 72 hours in advance on the Status Page or through direct email notification when applicable. Such windows are excluded from uptime calculations.

6. Escalation Path

All escalations are logged and visible in the ticket audit trail available at https://help.brain4.care 

7. Customer Responsibilities

• Submit issues via https://help.brain4.care

• Provide sufficient logs and information for diagnosis

• Maintain network connectivity and authorized access

• Designate a primary technical contact

• Review the Status Page prior to submitting outage reports

8. Reporting and Review

• Monthly Reports: Braincare provides a monthly summary of ticket metrics, SLA adherence, and uptime statistics (sourced from the Status Page).

• Quarterly Reviews: Joint operational review with Customer to evaluate performance, identify trends, and agree on corrective actions.

• Transparency: Public uptime and incident logs remain permanently available on brain4care.statuspage.io.

9. Remedies and Service Credits

If Company fails to meet the P1 service levels in a calendar month:

• Client may request a 5% service-fee credit per qualifying P1 incident,
  
  

• Capped at 25% of the monthly recurring service fee.
  
  

Credits:

• Apply only if Client’s account is current
  
  

• Are the sole monetary remedy for SLA failures
  
  

• Are applied to future invoices (no refunds)
  
  

10. Term and Termination

This SLA remains effective for the term of the Master Agreement unless superseded or terminated.

Termination of the Master Agreement automatically terminates this SLA.

11. Confidentiality and Data Protection

All support activities involving Client data are governed by the Master Agreement and, where applicable, the Business Associate Agreement. No SLA obligation expands Company’s access to PHI.

12. Limitation of Liability

12.1 Cap

Company’s total liability under this SLA shall not exceed the lesser of:

• Fees paid by Client in the twelve (12) months preceding the claim, or

• USD $25,000

12.2 Excluded Damages

No liability for indirect, incidental, consequential, or clinical outcome-related damages.

12.3 Exceptions

The limitation does not apply to:

• Gross negligence

• Willful misconduct

• Proven third-party IP infringement

12.4 Exclusive Remedy

Service credits and escalation rights constitute Client’s exclusive remedies under this SLA.

13. Amendments

Any changes to this SLA must be documented in a written addendum signed by both Parties.

14. Governing Law

This SLA is governed by the laws of the State of Delaware and subject to the dispute-resolution provisions of the Master Agreement.

IN WITNESS WHEREOF, this SLA is effective as of the Effective Date above.

(Signature blocks intentionally omitted for public standard form)