SAAS Services SLA Addendum

BY ENTERING INTO AN ORDER UNDER WHICH CUSTOMER WILL BE GIVEN ACCESS TO AND/OR USE OF PATIENT ACCESS SAAS SERVICES AND/OR REVENUE CYCLE AUTOMATION SAAS SERVICES, CUSTOMER HEREBY ENTERS INTO THIS SAAS SERVICES SLA ADDENDUM (THIS “ADDENDUM”) AND IS LEGALLY BOUND THEREBY. THIS ADDENDUM DOES NOT APPLY TO THE PROVISION OF ANY SAAS SERVICES OTHER THAN PATIENT ACCESS SAAS SERVICES AND REVENUE CYCLE AUTOMATION SAAS SERVICES, AND FOR THE AVOIDANCE OF DOUBT, THIS ADDENDUM DOES NOT APPLY TO ARDM SAAS SERVICES. THIS ADDENDUM IS HEREBY ATTACHED TO AND MADE A PART OF THE GENERAL TERMS AND CONDITIONS (“GENERAL TERMS”) SET FORTH AT HTTPS://WWW.INFINX.COM/TERMS-AND-CONDITIONS-FOR-CUSTOMER-AGREEMENTS BY AND BETWEEN THE CONTRACTING INFINX ENTITY PROVIDER DESIGNATED IN THE APPLICABLE ORDER(S) ON BEHALF OF ITSELF AND ITS AFFILIATES (INCLUDING WITHOUT LIMITATION, ITS OFF-SHORE AFFILIATES WHICH INCLUDE INFINX SERVICES PVT. LTD., LOCATED IN INDIA AND INFINX HEALTHCARE PHILIPPINES, INC., LOCATED IN THE PHILIPPINES) (COLLECTIVELY, “INFINX”), AND THE PURCHASING BUSINESS OR OTHER ENTITY WHO IS ENTERING INTO THE ORDER(S) (“CUSTOMER”), REGARDING THE PROVISION AND USE OF PATIENT ACCESS SAAS SERVICES AND/OR REVENUE CYCLE AUTOMATION SAAS SERVICES AS SET FORTH IN SUCH ORDER(S). THE PERSON EXECUTING THE ORDER(S) ON BEHALF OF CUSTOMER REPRESENTS AND WARRANTS TO INFINX THAT THEY HAVE FULL LEGAL AUTHORITY TO ACCEPT THE TERMS OF THIS ADDENDUM AND THAT THEY AND CUSTOMER ARE NOT BANNED FROM USING THE SAAS SERVICES UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER COUNTRY. ALL CAPITALIZED TERMS USED IN THIS ADDENDUM BUT NOT DEFINED WILL HAVE THE SAME MEANINGS GIVEN IN THE GENERAL TERMS, THE SAAS SERVICES ADDENDUM OR APPLICABLE ORDER. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS ADDENDUM, THE SAAS SERVICES ADDENDUM, THE GENERAL TERMS AND THE ORDER, THE FOLLOWING DESCENDING ORDER OF PRECEDENCE WILL CONTROL: THE ORDER, THIS ADDENDUM, THE SAAS SERVICES ADDENDUM AND THE GENERAL TERMS.

  1. SaaS Services SLAs. Infinx will work to achieve the following performance metrics (collectively, the “SaaS Services SLAs”):
    1. Uptime SLA: Infinx will work to ensure that the SaaS Services platform will be available to Customer at least ninety-nine percent (99%) of the time (unless a differing uptime percentage is set forth in an applicable Order) from 8am-8pm US Eastern Standard Time (“Business Hours“), as measured on a monthly basis for such periods, excluding Holidays, weekends and SLA Excluded Events (as defined below) (“Uptime SLA“).
    2. Technical Support and Incident Response: To request both emergency and non-emergency technical support, Customer will contact Infinx’s technical support center at the e-mail that will be provided to Customer. Infinx will assign each Customer request for technical support with an incident number and assign the problem to the appropriate Infinx support group. Infinx will respond to Customer’s request in accordance with the severity determined below. Customer will be responsible for providing the following information to Infinx with each request for technical support for problem resolution.
      1. Product Identification
      2. Product Version
      3. Product Release
      4. Description of the Operating Environment
      5. Authorized contacts;
      6. Problem severity;
      7. Problem description and error messages;
      8. If appropriate, logs, checklists and network diagrams; and
      9. Problem frequency and procedures to reproduce the problem, if possible.
      10. If necessary, provide all applicable data and information required to reproduce the problem if possible.

      Upon receipt of Customer’s request for technical support, Infinx will take the following steps to seek problem resolution:

      1. Attempt to reproduce problem, if possible, per Customer’s instructions;
      2. Request additional information if necessary; and
      3. Request immediate escalation if required to resolve problem.

      Reported Customer problems will be assigned a severity level by the Infinx support center when requesting technical support. In order to reflect individual Customer’s conditions, Infinx shall be entitled to change the previously assigned severity level of any Customer problem. However, Infinx shall always exercise good faith judgment in assigning severity levels. Reported Customer incidents shall be assigned the following severity levels as defined by Infinx and Infinx will use reasonable efforts to address incidents and errors reported by Customer once full information has been received, as follows.

Severity Type Severity Description Response Goal Resolution Goal
P1 The production system is creating a significant impact to the Customer’s business function preventing that function from being executed Infinx support will respond within 2 hours Infinx will provide reasonable effort for workaround or fix within 24 hours once the problem root cause has been identified
P2 The production system or application is moderately affected. There is no workaround currently available, or the workaround is cumbersome to use Infinx support will respond within 4 hours Infinx will provide reasonable effort for workaround or fix within 2 business days once the problem root cause has been identified
P3 The production system or application issue is not critical: no data has been lost, and the system has not failed. The issue has been identified and does not hinder normal operation, or the situation may be temporarily circumvented using an available workaround Infinx support will respond within 24 hours Infinx will provide reasonable effort for workaround or fix within 10 business days once the problem root cause has been identified
P4 Non-critical issues, general questions, enhancement requests, or the functionality does not match documented specifications. Infinx will respond within 5 business days Resolution of problem may appear in future release of software.
  1. Credits for SLA Failures:
    1. Uptime SLA: Customer’s sole remedies and Infinx’s sole liability for any failures to achieve the Uptime SLA shall be that Infinx will provide a one-time credit to Customer of five percent (5%) of the fees incurred for such month for the applicable SaaS Services offering. Downtime shall be calculated beginning as soon as Customer notifies Infinx that downtime is taking place and continue until the availability of the SaaS Services is restored as reasonably determined by Infinx. In order to receive credit for an Uptime SLA failure, Customer must request credit within five (5) days after the end of the downtime, and any failure to timely provide such request will result in a forfeiture of the right to credits. Credits may only be applied to fees coming due from Customer and may not be redeemed for cash or other refunds and shall in no event exceed a total of five percent (5%) of the fees incurred for the applicable SaaS Services offering in any one (1) calendar month. Infinx’s intentional blocking of SaaS Services platform availability, data communications or other SaaS services in accordance with its policies shall not be deemed to be a failure of Infinx to provide adequate service levels hereunder.
    2. SLA credits may only be applied to fees next coming due from Customer, are not transferable and may not be redeemed for cash or other refunds.
    3. SLA Excluded Events: Except as provided for herein, Infinx will not be responsible or liable for any failure to achieve the SLAs resulting from or attributable to and downtimes for scheduled maintenance, upgrades, and emergency or other maintenance/repairs or the following events and circumstances (none of which will be considered in determining an SLA failure): (i) failures in any telecommunications services, networks or systems, (ii) Customer’s or any third party’s negligence, acts or omissions, (iii) any force majeure events or other cause beyond Infinx’s reasonable control, (iv) unauthorized access to the subject SaaS Services offering or other services, breach of firewalls or other hacking unless resulting from Infinx’s gross negligence or willful misconduct, or (v) any limitations upon or the inability to access and use Customer’s systems and software as reasonably necessary to perform Infinx’s obligations, if applicable (collectively, the “SLA Excluded Events”).

SaaS Services SLA Addendum to General Terms and Conditions, Version 1.0, Promulgated _______, 2025.