Service Level Agreement for Lexile Analyzer API

1. PERFORMANCE COMMITMENTS

A. Availability

Licensor will use commercially reasonable efforts to make the Hosted Service available to Licensee with an Uptime Percentage of at least 99.95% during the Service Month.

“Service Month” is calculated by subtracting from 100% the percentage of minutes during the applicable calendar month in which the Hosted Service was in the state of “Region Unavailable” in AWS.

“Uptime Percentage” is the percentage of minutes during the applicable calendar month for which the Hosted Service was actually available in the Service Month.

The intent of the foregoing is that, for every minute in a month that AWS is up, the Hosted Service will be available 99.95% of these minutes.

B. Performance

The Hosted Service supports the use case below with associated performance commitments.

• Synchronous real-time use

  Up to 5 requests may be made per minute. Typical response times are under 90 seconds. All responses are returned in under 5 minutes.

  Hosted Service use cases are discussed further in the API documentation.

C. Handling of Unexpected Requests

Requests sent to the API must be correctly formed with valid data as described in the API documentation in order for the API to return valid results. See the API documentation for details. Incorrectly formed requests consume service resources and are included in the running total of requests made.

2. PROBLEM REPORTING and ESCALATION

A. Severity Levels

• Urgent Severity

  A reported service impairment will be designated as “Urgent Severity” if Licensee’s dependent product under the license with Licensor is unable to operate due to the impairment.

• High Severity

  A reported service impairment will be designated as “High Severity” if Licensee’s dependent product under the license with Licensor is materially reduced in function due to the impairment and no reasonable work around exists.

• Low Severity

  A reported service impairment will be designated as “Low Severity” if Licensee’s dependent product under the license with Licensor is reduced in function due to the impairment but either the reduction in function is not material or a reasonable work around does exist.

B. Reporting Impairments

All notifications of service impairment from Licensee must be submitted to Licensor at the following URL https://metametricsinc.com/producttechnicalsupport/. Licensor will convert submitted email notifications to trouble tickets. Licensee is responsible for specifying with each notification whether it believes the service impairment is Urgent, High, or Low Severity and the reason for such belief. Notifications must include point of contact name, title, phone, email, and a complete description of the impairment.

C. Support Hours; Response Commitments

Licensor maintains regular support hours on weekdays other than major holidays (“business days”), between 9am and 5pm Eastern time (“business hours”). Licensor will use commercially reasonable efforts to resolve Urgent Severity issues as promptly as practicable, typically on the same business day (with after-hours work when reasonably required under the circumstances) as long as a notification with the required information is provided by 1pm Eastern time on that business day and Licensee is available to work with Licensor as needed. Licensor will provide updates at least once each business day on which an Urgent or High Severity issue remains active. Low Severity issues may be resolved through scheduled maintenance.

Licensor uses commercially reasonable efforts to achieve the following response times and resolution times for any service impairments. Licensor will work in good faith with Licensee to address any circumstances that cause Licensor to fail to meet such response and resolution times in a manner that adversely impacts Licensee.

3. MAINTENANCE

In the event of an urgent need, Licensor will take immediate steps to ensure data security and customer protection. In such special circumstances, Licensee may not be notified of a resulting service disruption in advance.

Routine maintenance is planned on a quarterly basis. Low Severity issues are resolved as part of this normal maintenance cycle. Maintenance deployments do not typically cause an interruption in service. In the rare case that a maintenance related service interruption is expected, Licensor will use commercially reasonable efforts to notify Licensee at least 7 days in advance.

4. Performance Pledge and Contact Information

Licensor is committed to providing consistent and excellent service to its customers. If Licensee is dissatisfied at any time with Licensor’s performance under this SLA, Licensee should contact the following senior manager to escalate the situation:

Lisa Bickel, VP Customer Success lbickel@lexile.com

This SLA will be maintained by Licensor and found at https://partnerhelp.metametricsinc.com/ and is subject to update by Licensor as required or deemed necessary and upon prior notice to Licensee. The version of the SLA accessible at that web address will always be the legally effective version and will control in case of any inconsistencies with this copy of the SLA. Notwithstanding the above, in no event shall the functionality of the API be materially reduced during the Term. In the event that Licensor foresees a change to functionality of the API, Licensor shall promptly notify Licensee.