Statement of Work and SLAs

The critical components that form the basis for the Services which are exposed to the Client in the form of APIs and SDKs are detailed in Table 3 of the Order Form.

Data Usage:  All Client Data provided under this Agreement shall be stored for a period of 14 (fourteen) days from its receipt. Notwithstanding anything contained herein, the Client provides consent to the Service Provider to use, share, store and process such Client Data for debugging, support services, for training/benchmarking of its AI models, error analysis, development for the Services rendered by HyperVerge.

Cross Border Transfer of Data: The Client represents and warrants has obtained all requisite permission and consent from the data subjects under the applicable laws in respect of any cross border transfer or processing of personal data to other geographies as may be necessary to provide the Services to the Client in pursuance of this Agreement as applicable from time to time. The Client represents that it has complied with all such applicable local legislations in transmitting the Client Data for the purposes of the Services availed by it as documented under this Agreement.

Service Level Agreement

Definitions

In this SLA, the following words and expressions, unless inconsistent with the context, shall bear the meanings assigned thereto: 

• Downtime: This is the duration for which HyperVerge AI models/Services cannot be accessed by the Client. The time period for downtime ends when the escalation is addressed by HyperVerge subject to due confirmation from the Client on resolution of the outage. What constitutes a service outage is subject to the definition below.

• Service Outage: “Outage” means any period in which the Services are unavailable. This shall mean an unscheduled disruption/failure in any Service offered by HyperVerge as per this Agreement, due to which HyperVerge services are inaccessible to Client.

• Uptime: Uptime is the amount of time during which a service hosted by HyperVerge is accessible to Client.

• Escalation: A scenario where Client should report a product service failure. Refer to Schedule B.

• Troubleshooting: Troubleshooting is a systematic approach to problem solving that is often used to find and correct issues.

Scope Of Services

• Data from the Client will be shared via a secured & encrypted connection to HyperVerge.

• HyperVerge assures Client that it shall provide its immediate support and assistance in the event of any disruption in the Services being provided by HyperVerge. The manner and time frame for troubleshooting and the timelines for the resolution of the problems are mentioned in the Schedule A of this document.

• The instance hosted on HyperVerge’s secure cloud will have an uptime of 99% on an annual basis.

• A planned maintenance which will require a downtime of the product/services/APIs will be carried out post 10 pm Indian Standard Time, after prior 48 hours’ intimation to the Client.

• The rate limit for the API calls is based on the subscribed volume tier.

• In case the number of requests exceeds the prescribed rate limit, all the additional requests above the rate limit will be throttled and the Client will not be charged for the same.

• In case the Client wishes to increase the rate limit, the Client can request the same with a written email to the point of contact at HyperVerge. And the request will be processed within 2 business days from the date of written request.

Exceptions

The following events do not constitute a Downtime or service failure and the Service Provider shall not be liable for the same:

• Interruption due to a) scheduled maintenance, alteration, or implementation, where the HyperVerge provides at least 48 hours prior written notice and to the Client and also b) interruption due to Emergency Maintenance. “Emergency Maintenance” as used hereunder shall refer to any maintenance required to resolve any high priority issues that may risk the security or continuity of the smooth functioning and provision of Services hereunder.

• Server Hardware failure, failure by third party service providers, government databases/government websites.

• Any act/event/occurrence that has resulted from any action or inaction attributable to the Client and /or its Customer/s;

• Caused by a Force Majeure event;

• Any other cause that is not the result of a failure by the Service Provider.

SCHEDULE A

In the event there is a disruption in Service or alarm is triggered, the troubleshooting and resolution of the problem in respect of each Service, where applicable, shall be as follows: 

Troubleshooting & Resolution times

Priority	Priority Definition		Mean Time to Assist(MTTA)/Response Time *	Mean Time to provide Workaround *	Mean Time to perform Root Cause Analysis *	Communication Updates
P1 Urgent	Out of Service – Eg: Network, service down, server down or infrastructure down on the cloud		60 minutes	4 Hours	16 Hours	30 mins Interval
P2 High	Partial/Intermittent service Interruptions – Eg: System, Network performance degraded but still functioning		240 minutes	24 Hours	48 Hours	16 Hours Interval
P3 Medium	Less Significant : Loss of a function or resource that does not affect the Product functionality	High Medium / Low	24 Hours 24 Hours	5 days 20 – 40 days	5 days 20 – 40 days	72 Hours 2 Week Intervals
P4 Low	Service is functional but more of change requests / improvements / task tickets		24 Hours	**	**	**

Support queries, requests and tickets can be raised at support@hyperverge.co.

* The timelines documented in the table above will be during the working/business hours of HyperVerge Support team.

** Change requests will not need a workaround or a RCA to be performed. Classifying a change request as minor or major is subject to the discussion between both the parties.

Resolution norms for different product service problems and may differ from the timelines specified herein where third parties are involved  (eg. Hardware, network, software, etc.) will depend on the SLAs with respective service providers/subcontractors where applicable.

SCHEDULE B

In the event that requires support from HyperVerge, the following escalation procedure will be followed by the Client.

Escalation Matrix

Level	P1 Ticket	P2 Ticket	P3 Ticket	P4 Ticket
Level 1	Production support by on shift SPOC	Production support by on shift SPOC	Production support by on shift SPOC	Production support by on shift SPOC
Level 2	>2 Hrs Manager on Duty	>12 Hrs Manager on Duty	>24 Hrs Manager on Duty	> 48 Hrs Manager on Duty
Level 3	>4 Hrs Director – Product Support	>24 Hrs Director – Product Support	>48 Hrs Director – Product Support	> 120 Hrs Director – Product Support

• The classification of tickets will be carried out by the HyperVerge support team in accordance with this Exhibit.
• The working hours of HyperVerge’s support team is between 7:30 am – 12 am Indian Standard Time from Monday to Friday (up to 12 am Saturday).
• Raising high priority issues can be done over a phone call post the business hours from Monday to Sunday.

General Terms

• “Tiered Pricing Model” as used hereunder shall refer to a pricing model that involves offering different price levels or tiers for a product or service based on specific usage, quantity, or features, catering to different customer segments or needs. For example if pricing tiers of ₹ 3, ₹ 2, and ₹ 1 apply to usage categories of 0-10, 10-100, and >100 units, respectively, then billing for 50 units amounts to ₹ 110 (calculated as ₹ 3 * 10 + ₹ 2 * 40), and for 150 units, the charge is ₹ 260 (computed as ₹ 3 * 10 + ₹ 2 * 90 + ₹ 1 * 50).

• Reconciliation Mechanism:

  • HyperVerge will share a dashboard to the customer with access credentials to track the API consumption along with the functionality to download the detailed logs.

  • Reconciliation of consumption numbers shall be done based on the HyperVerge dashboard.

  • If there is any discrepancy on the consumption numbers from HyperVerge dashboard it must be resolved positively in the first month of go-live. Post that numbers from HyperVerge dashboard will be considered as the source of truth for invoicing.

  • Clients shall be invoiced for all consumption made in UAT/Testing or Production (with testing/ production credentials) from the date production credentials are shared. The consumption will be determined as per logs provided by HyperVerge.

  • All API calls, except with codes 5xx (server error) and 429 (rate limit error), will be charged.

  • HyperVerge Platform and SDKs will carry minor branding of HyperVerge.

SERVICE COSTS

Post Go-Live Support

Category	Details
Email and Chat support	Free
Remote support over Video Conference	As per Standard Fee Table

Standard Fee Table

Role	Per Hour	Per Day	Per Week
Integration Engineer	₹ 2500	₹ 17,000	₹ 75,000