Service Level Agreement

Version: 1.0.

Effective as of 01.10.2024

This SLA forms an integral part of the Agreement concluded between likeMagic and Customer.

1. UPTIME
1.1 Guaranteed Uptime. The Guaranteed Uptime for the likeMagic Software is 99.80%. The status page is available athttp://status.likemagic.tech.
1.2 Financial Credits. If the Monthly Availability is below the Guaranteed Uptime, the Customer is eligible, upon notice, to receive the Financial Credits amounting to 5% of the Monthly Fee.
1.3 Notice. To receive Financial Credits, the Customer must notify likeMagic in writing by the 15th of the month following the month in which the Guaranteed Uptime was not met. If the Customer doesn't notify likeMagic by this date, the Customer will lose the right to receive Financial Credits. Financial Credits will be applied to the next invoice.
1.4 Multiple Hotels.If the Customer uses the likeMagic Software in multiple Hotel(s), the Customer is eligible to receive Financial Credits only for the Hotel(s) affected by likeMagic not meeting the Guaranteed Uptime. In such cases, the Financial Credits will be calculated on a pro-rata basis for the affected Hotel(s).
1.5 Sole and exclusive remedy. Customer agrees that Financial Credits are the Customer’s sole and exclusive remedies for any failure by likeMagic to meet any obligation arising out of this SLA.
1.6 Exclusions. Guaranteed Uptime and Monthly Availability do not include, and likeMagic will not provide Financial Credits for, periods when the likeMagic Software is unavailable due to:

1. Force Majeure
2. Changes requested by the Customer
3. Scheduled maintenance (notified at least 48 hours in advance)
4. Network outages beyond likeMagic's control, or
5. Problems caused by the Customer

2. SUPPORT
2.1 Support Type. likeMagic provides two levels of support: Standard Support and Advanced Support. Standard Support is automatically included and provided to all Customers by default. Advanced Support is an optional service, available exclusively to Customers who have purchased it.
2.2 Reporting Systems. The Customer may submit a support request to likeMagic through the support ticketing system, an internal component of the likeMagic Employee Operations Solution (available for both Standard and Advanced Support), or via the emergency phone line (available only for Advanced Support).
2.3 Support Hours. likeMagic provides support within the Support Hours specified below.

		Standard Support	Advanced Support
Support Hours		8x5	24x7
Reporting system	Support Ticketing System	✔	✔
Reporting system	Emergency Phone Line	not applicable	✔

2.4 Severity Class. Support requests are classified into three severity classes: SC1, SC2, and SC3, as defined in the definition table at the end of this SLA. While the Customer may suggest a severity class when submitting a support request, likeMagic will make the final determination based on the criteria outlined in the definitions.
2.5 Response Time and Resolution Time. Depending on the Severity Class, likeMagic guarantees different Response Times and Resolution Time, as further specified in the table below. Response Time and Resolution Time is guaranteed only for support requests concerning the likeMagic Software.

Severity Class	Support Type	Response Time	Resolution Rime
SC1	Standard Support	2 hours	8 hours
SC1	Advanced Support	1 hours	8 hours
SC2	Standard Support	4 hours	as per resolution plan
SC2	Advanced Support	2 hours	as per resolution plan
SC3	Standard Support	8 hours	N/A
SC3	Advanced Support	4 hours	N/A

2.6 Commencement and Calculation of Response Time and Resolution Time. Response Time and Resolution Time begin as follows:

1. For Advanced Support, both start when likeMagic receives the support request, either via the support ticketing system or the emergency phone line.
2. For Standard Support, the start time depends on when likeMagic receives the support request:
  1. 1. 1. If received within Support Hours, Response Time and Resolution Time start at the time the support request is received.
      2. If received outside of Support Hours, they start at 9 AM on the next Business Day.

Response Time and Resolution Time are calculated within the Support Hours (8×5 or 24×7).

2.7 Resolution Plan. For SC2, likeMagic does not guarantee a specific Resolution Time. Instead, likeMagic agrees to provide the Customer with a resolution plan, detailing the expected Resolution Time and the steps that will be taken to resolve the SC2 support request.

3. MONITORING

3.1 Monitoring. likeMagic monitors the operation of the omnichannel message carrier and content management system, and in case of outages, likeMagic reports them to the respective suppliers. The Guaranteed Uptime, Response Time, and Resolution Time specified in this SLA do not apply to the operation of the omnichannel message carrier and content management system.

4. FINAL PROVISIONS
4.1 Changes to SLA. This SLA may be amended. Any changes will be governed by Section 13 of the Terms of Service.
4.2 Definitions. Capitalized words not defined in this SLA have the meanings given to them in the Agreement. In this SLA, the following words have the meanings set out below.

“Business Day”	means any day other than a Saturday, Sunday, or a public holiday in Switzerland.
“Force Majeure”	means force majeure as further described in Section 15.8 of the Terms of Service.
“Guaranteed Uptime”	means the availability of the likeMagic Software in percent guaranteed by likeMagic in a calendar month.
“Financial Credits”	means a specific percentage of the Monthly Fee.
“Monthly Fee”	means fee paid or payable by the Customer for the likeMagic Platform in a calendar month; If the billing cycle is not monthly, the Monthly Fee refers to the prorated amount corresponding to one month.
“likeMagic Software”	means the booking engine, guest journey web app, and employee operations web app; it excludes the omnichannel message carrier, content management system, and third-party solutions with which the Customer may integrate the likeMagic Platform.
“Monthly Availability”	means the percentage of time during a given calendar month that the likeMagic Software is operational and accessible to the Customer, excluding periods of unavailability specified in the "Exclusions" section of this SLA.
“SLA”	means this Service Level Agreement.
“Response Time”	means the time within which a likeMagic support team member must confirm to the Customer the receipt of a support request submitted by the Customer.
“Resolution Time”	means the time within which likeMagic resolves a support ticket by rectifying the root cause of the error, or by implementing a workaround or providing a bypass solution.
“Severity Class”	means an internal differentiation of severity of support requests as follows: a) SC 1 means significant errors/faults (critical), i.e. operation of likeMagic Software is not possible or only possible with severe impairments (errors that prevent or endanger operation); the Customer is not able to use elementary functions of the likeMagic Software. As a consequence, the necessary operations for service fulfilment cannot be carried out. The operation is prevented, or the Customer is hindered in correct service fulfilment within the business process or the error/fault hat critical implications for customers/hotel guests of the Customer. b) SC 2: Moderate errors/faults (major), i.e. operation is only possible with significant impairments (errors that impair operation); The Customer is still able to use the likeMagic Software. However, as a consequence of the errors/faults, the necessary operations and processes can only be carried out in part or with difficulty. c) SC 3: Minor errors/faults and support requests, i.e. operation of likeMagic Software is possible with minor or no impairments (errors that disrupt operation): The likeMagic Software can be used in full without significant restrictions. The problem only constitutes a minor deviation from ordinary operation.
“Support Hours”	means availability of support as follows: a) "8x5" means every Business Day between 9 am and 5 pm; and b) "24x7" means every day of the week, from midnight to midnight.