By using the Services, you (“Client“) acknowledge that the Services are made available subject to Waterfall’s Support and Maintenance Policy (“Support Policy“) and Waterfall’s Terms of Service. This Support Policy may only be superseded by specific terms in a written agreement executed by both the Client and Waterfall.

1. SUPPORT AND MAINTENANCE OBLIGATIONS.. For purposes of this Service Level Agreement, each word or phrase listed below has the meaning designated. Other words or phrases may be defined in the context in which they are used, and shall have the respective meanings there designated.

1.1 User Technical Support For Core Product Features. Waterfall will provide Users with remote technical assistance and consultation relating to the general use and operation of the Services for mobile messaging and content campaigns run through the Services. Support inquiries from Client should be submitted to Waterfall via email at help@waterfall.com.

1.1.1 General use and operation includes the following: (i) testing, analyzing, or troubleshooting Client’s messaging and campaigns; (ii) guidance on running reports; and (iii) providing bug fixes and updates to the Services that Waterfall makes commercially available to its other licensees, including notifications regarding such fixes and updates.

1.1.2 General use and operation does not include the following: (i) consultation on how to leverage existing Waterfall APIs; (ii) custom development projects (e.g., web services, landing pages, couponing, custom reporting); and (iii) strategy and compliance services.

1.1.3 Waterfall will provide three (3) hours of standard web-based customer support services each calendar month for each Client (regardless of the number of Users for a Client). Paid phone or email support may be identified in Client’s license agreement with Waterfall. If Client utilizes more web-based support within a month, Waterfall shall have the right to charge Client the lower of (i) Waterfalls then-current client services market rate or (ii) the client services fees outlined in Client’s license agreement with Waterfall.

1.2 Service Supporting Clients’ Customers. Waterfall provides a public-facing email inbox (support@waterfall.com) into which Client’s customers may submit inquiries regarding a Client’s mobile message campaign. If a Client’s customer contacts Waterfall directly, Waterfall shall redirect or transfer that customer to the Client’s customer servicing unit, or provide an initial response to the customer’s inquiry if directed by the Client.

1.3 Hosting. Waterfall shall host the Services in an environmentally controlled facility that is physically secure, implements industry standard network security, and provides for constant monitoring against network intrusions. Waterfall shall make commercially reasonable efforts to make the Services available to Client 99.999% of the time (tested per day), each calendar month period, except for certain scheduled service and maintenance or in the event of emergency or events of force majeure. Waterfall shall make reasonable efforts to perform service and maintenance to the Services outside peak usage hours. Waterfall shall:

1.3.1 Maintain sufficient bandwidth to enable Clients to interact with the Services in a commercially reasonable timeframe. However, Waterfall makes no direct obligation to Client for delays by Authorized Distributors outside of Waterfall’s control;

1.3.2 Maintain sufficient data storage for End User Data and the storage of the Client Data such that all data is backed up in a reasonable manner; and

1.3.3 Maintain an e-mail subscription such that Client, upon request, may be given 24 hours notice of scheduled maintenance that may result in significant downtime.

1.4 Data Security. Waterfall shall undertake and perform reasonable efforts to ensure the security, confidentiality and integrity of all Client Content and Client Data delivered to Waterfall by Client or any of Client’s consumers through the Services to the standards and satisfaction of Client. Waterfall shall promptly notify Client in the event of any breach of security, confidentiality or integrity of the Services.

1.5 APIs. APIs may be made available to Client for marketing use and administrative use of the Services. Waterfall shall not be responsible for any modifications to uses of the APIs not expressly agreed to in writing prior to such modifications. Waterfall will train and assist in deployment of APIs but cannot be help responsible for quality of service or components or code not deployed on the Waterfall Platform or modifications that are done by Client.

1.6 Resolution of Issues. If Client notifies Waterfall regarding an issue involving the Waterfall Technology that does not fall within technical support identified in Section 1.1 above, Waterfall will initiate diagnostic and remedial measures within four (4) hours of notification of an issue (if received between 8:00 a.m. and 5:00 p.m. U.S. Pacific Time). Once Waterfall has commenced corrective measures, Waterfall will complete all such corrections as soon as reasonably practicable. If Waterfall cannot satisfactorily correct the issue within twenty-four (24) hours after Client’s initial notification, then Waterfall will apply dedicated efforts and resources (at no additional cost to Client) until the issue is corrected. Waterfall will periodically advise Client concerning Waterfall’s progress.

1.7 Notification Regarding Known Issues With Waterfall Technology. Waterfall will notify Client concerning all known issues in the Waterfall Technology, as such issues become known or are reported to Waterfall. Waterfall will promptly correct any such issues, or develop a work-around, patch or other fix, and furnish Client with such correction, work-around, patch or other fix as soon as practicable.