Service Level Agreement

Introduction

By subscribing to ATEK's services, you ("Client") acknowledge that you have read, understood, and agree to the service commitments defined in this Service Level Agreement ("SLA"). This SLA defines ATEK's commitments regarding Platform availability, technical support, data hosting, and maintenance.

This SLA should be read in conjunction with the following documents:

• ATEK End User License Agreement
• Terms & Conditions
• Confidentiality & Non-Disclosure
• Privacy Policy
• Cookie Policy
• Data Processing Agreement

1. Platform Availability

1.1. Availability Commitment

1.1.1. ATEK guarantees Platform availability of 99.9% on a monthly basis, excluding scheduled maintenance periods.

1.1.2. The availability calculation formula:

Availability (%) = [(Total number of hours in the month − Downtime) / Total number of hours in the month] × 100

1.2. Exclusions from Availability Calculation

1.2.1. The following events are expressly excluded from the availability calculation:

• Scheduled maintenance periods, communicated at least 48 hours in advance
• Interruptions due to factors beyond ATEK's reasonable control
• Interruptions resulting from misuse of the system by the Client
• Downtime caused by unauthorized modifications of configurations by the Client
• Slowdowns not constituting a complete unavailability of the service

2. Incident Classification and Response

2.1. Incident Severity Levels

2.2. Definitions

2.2.1. "Response Time" means the elapsed time between the Client's submission of a support request and ATEK's first substantive acknowledgment.

2.2.2. "Resolution Target" means the target time within which ATEK aims to restore service or provide a workaround. Resolution targets are best-effort goals and not guaranteed commitments.

2.2.3. "Business hours" means Monday through Friday, 8:00 AM to 5:00 PM Eastern Time, excluding statutory holidays in the Province of Quebec.

3. Service Credits

3.1. Credit Schedule

3.1.1. In case of non-compliance with the monthly SLA of 99.9%, ATEK will grant the Client service credits according to the following scale:

3.2. Credit Conditions

3.2.1. Client must submit a written request within 15 days following the end of the month concerned to benefit from these credits.

3.2.2. These credits constitute the sole and exclusive remedy of the Client in case of non-compliance with service levels and cannot be converted into monetary refund.

3.2.3. The total amount of credits granted over a 12-month period may not exceed 20% of the annual service fees.

4. Technical Support Services

4.1. Support Channels

4.1.1. ATEK provides a technical support service that includes: telephone assistance during business hours, email and ticket system support, and 24/7 emergency support for critical incidents.

4.1.2. The Client can contact ATEK's technical support through the following channels:

4.1.3. Support requests are processed according to their priority level in accordance with the incident severity levels defined in Section 2.

5. Preventive Maintenance

5.1. ATEK performs preventive maintenance of the Platform, including: installation of security updates, performance optimization, correction of identified anomalies, and continuous improvement of features.

5.2. Scheduled maintenance operations that may cause a temporary interruption of service will be notified to the Client at least 48 hours in advance, except in case of emergency. Standard maintenance windows are scheduled for Tuesday mornings.

5.3. ATEK reserves the right to perform emergency maintenance at any time when required to address critical security vulnerabilities or imminent risks to Platform integrity, with notification provided as promptly as practicable.

6. Corrective Maintenance

6.1. In case of malfunction of the Sensors or the Platform, ATEK undertakes to intervene according to the deadlines defined in the incident severity levels in Section 2.

6.2. If a malfunction cannot be resolved remotely, ATEK may intervene on site according to the terms provided in the Client's package.

6.3. Replacement of defective Sensors is covered under warranty per the terms defined in the ATEK Terms & Conditions.

7. Data Hosting and Storage

7.1. Hosting Infrastructure

7.1.1. ATEK ensures hosting of Client Data on secure infrastructures located in Canada.

7.1.2. ATEK's hosting infrastructure utilizes Google Cloud Platform (GCP) for reliable, scalable, and secure cloud services.

7.1.3. All Client Data is stored, processed, and served exclusively from Canadian-based servers, ensuring compliance with applicable Canadian data residency requirements.

7.2. Data Retention

7.2.1. Data is retained throughout the term of the contract and up to sixty (60) days after its termination or expiration, during which the Client may request a copy of its Data.

7.2.2. After this sixty (60) day period, ATEK may permanently delete all Client Data without further notice.

7.3. Backup and Disaster Recovery

7.3.1. ATEK implements daily backups and documented disaster recovery procedures to prevent Data loss and ensure continuity of service.

7.3.2. In the event of a disaster, ATEK will make reasonable efforts to restore service within timeframes consistent with the incident severity levels defined in Section 2.

8. Security Commitments

8.1. Certifications and Standards

8.1.1. ATEK operates under the following certifications and compliance frameworks:

• SOC 2 Type II compliant
• ISO/IEC 17025:2017 accredited calibration laboratory (A2LA Certificate #7486.01)
• FDA 21 CFR Part 11 compliant platform design
• Health Canada compliant monitoring systems
• GAMP 5 aligned development practices
• ISO 27001 aligned information security management

8.2. Security Measures

8.2.1. ATEK implements and maintains the following security measures to protect Client Data and ensure Platform integrity:

• Encryption of data in transit and at rest
• Role-based access controls
• Tamper-proof audit trails
• Regular security assessments and penetration testing
• Incident response procedures

9. Communication and Reporting

9.1. Incident Communication

9.1.1. For Critical incidents, ATEK will provide status updates every 60 minutes until resolution.

9.1.2. For Major incidents, ATEK will provide updates every 4 hours during business hours until resolution.

9.1.3. ATEK will provide a root cause analysis report within 5 business days following the resolution of Critical and Major incidents.

9.2. Service Reports

9.2.1. Monthly service reports are available upon request and include the following information:

• Platform availability metrics for the period
• Incident summary including classification, response times, and resolution status
• Technical support statistics and ticket volumes
• Summary of maintenance activities performed

10. Escalation Procedure

10.1. Escalation Path

10.1.1. If a support request is not resolved within expected timeframes, the Client may escalate through the following path:

10.1.2. For Critical incidents, the Client may escalate directly to Level 2 or higher without waiting for the standard response time trigger.

11. SLA Review

11.1. This SLA will be reviewed annually by both parties to ensure that the commitments remain appropriate and reflect the current state of the Platform and services.

11.2. Any amendments to this SLA require written agreement signed by authorized representatives of both parties before taking effect.

11.3. In the event of a conflict between this SLA and the ATEK Terms & Conditions, the Terms & Conditions shall prevail except with respect to the specific service level commitments expressly set forth in this SLA.