Service Level Agreement

APPENDIX B TO THE TERMS AND CONDITIONS

This Service Level Agreement (“SLA”) forms part of the Terms and Conditions between Encube Technologies AB and Customer and governs the availability and performance standards for the Functions.

1. DEFINITIONS

1.1 The definitions set forth in Section 2 of the Terms shall apply to this SLA. In addition, the following definitions apply:

1.2 “Downtime” means the total number of minutes during a calendar month that the Functions are unavailable to Customer due to a service failure attributable to Encube which is not allowable pursuant to this SLA or the Terms.

1.3 “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus Downtime, divided by the total number of minutes in that calendar month, expressed as a percentage.

1.4 “Scheduled Maintenance” means planned maintenance windows communicated to Customer at least forty-eight (48) hours in advance.

1.5 “Service Credit” means a credit denominated in the currency of Customer’s invoice, calculated as set forth in Section 3 of this SLA, which shall be applied against future invoices.

2. SERVICE AVAILABILITY COMMITMENT

2.1 Uptime Guarantee

Encube commits to maintaining the following Monthly Uptime Percentage for the Functions: 99.5% uptime. The foregoing commitment is subject to the exclusions set forth in Section 3.2 of this SLA.

2.2 Exclusions from Monthly Uptime Percentage

Any suspension of operations for which Encube is not liable shall not be regarded as Downtime. The following shall not constitute Downtime for purposes of calculating the Monthly Uptime Percentage:

(a) Scheduled Maintenance performed in accordance with Section 6 of this SLA;

(b)Downtime resulting from circumstances beyond Encube’s area of responsibility as defined in the Terms;

(c) Downtime resulting from circumstances beyond Encube’s reasonable control, including Force Majeure as defined in Section 10 of the Terms; acts of government, internet service provider failures, denial-of-service attacks, distributed denial-of-service attacks (including overload attacks), ransom denial-of-service attacks, or ransomware attacks;

(d) Downtime resulting from Customers’ or its Authorized Users’ equipment, software, network connectivity, or other technology;

(e) Downtime caused by Customers’ or its Authorized Users’ use of the Functions in breach of the Terms;

(f) Unavailability of Customer Content;

(g) Unavailability due to Third Party Software or other third party products or services;

(h) Suspension of access pursuant to Section 4.3 of the Terms due to Customer’s breach;

(i) Unavailability due to a virus, worm, trojan or other attack on the IT environment which Encube suffers notwithstanding having taken reasonable protective measures;

(j) Emergency maintenance necessary to protect the security or integrity of the Functions; and

(k) Beta, trial, or free services not subject to fees.

3. SERVICE CREDITS

3.1 Calculation of Service Credits

If Encube fails to achieve the Monthly Uptime Percentage commitment set forth in Section 3.1 of this SLA, Customer shall be eligible to receive Service Credits calculated in accordance with the following schedule, which shall constitute Customer’s sole and exclusive remedy for such failure:

Monthly Uptime Percentage Service Credit

< 99.5% but ≥ 99.0%. 10% of monthly fees

< 99.0% but ≥ 95.0%. 25% of monthly fees

< 95.0% 30% of monthly fees

3.2 Procedures for Requesting Service Credits

Customer must submit a request for Service Credits within thirty (30) days following the end of the calendar month in which the Downtime occurred.

Each request must include logs, monitoring data, or other documentation reasonably evidencing the claimed Downtime and demonstrating that such Downtime was not subject to the exclusions set forth in Section 3.2 of this SLA.

3.3 Limitations on Service Credits

Service Credits shall be applied as a credit against Customer’s future invoices and have no cash value. Service Credits may not be transferred or assigned.

Service Credits constitute Customer’s sole and exclusive remedy for any failure by Encube to meet the service level commitments set forth in this SLA.

The maximum aggregate Service Credits payable to Customer in any twelve (12) month period shall not exceed thirty percent (30%) of the total fees paid by Customer for the Functions during such twelve (12) month period. Encube’s total liability under this SLA shall not exceed the limitations set forth in Section 6.2 of the Terms.

Service Credits shall not apply to setup fees, professional services fees, or other one-time charges not directly related to the ongoing provision of the Functions.

4. SYSTEM MONITORING AND REPORTING

4.1 System Monitoring

Encube maintains monitoring systems for the Functions infrastructure to detect and respond to incidents affecting the availability of the Functions.

4.2 Status Communications

Encube may maintain a status page or other communication channel to provide Customer with information regarding current system status and incident history. The availability and content of such communications shall be at Encube’s sole discretion.

5. MAINTENANCE AND UPDATES

5.1 Scheduled Maintenance

Encube may temporarily suspend access to the Functions to perform Scheduled Maintenance, or at the Customer’s request, or suspension of operations approved by the Customer.

Encube will provide at least forty-eight (48) hours advance notice for Scheduled Maintenance.

Encube shall use commercially reasonable efforts to schedule maintenance during off-peak hours to minimize disruption to Customer’s use of the Functions.

Emergency maintenance may be performed with less notice when necessary to protect the security or integrity of the Functions.

5.2 Security Incident Notification

Encube will notify Customer of any security incident affecting the Customer within 72 hours of discovery.

6. CUSTOMER RESPONSIBILITIES

Customer’s obligations regarding use of the Functions are set forth in Section 4.3 of the Terms. In addition, for purposes of this SLA, Customer is responsible for:

Maintaining secure Account credentials and access controls for Customer and its Authorized Users;

Proper configuration and use of the Functions in accordance with documentation provided by Encube;

Maintaining adequate internet connectivity and compatible systems necessary to access the Functions;

Timely payment of all fees in accordance with Section 3 of the Terms;

Maintaining its own backup copies of Customer Content as recommended in Section 4.4 of the Terms; and

Compliance with all applicable laws, regulations and the Terms.

7. MODIFICATIONS TO THIS SLA

Encube may modify this SLA from time to time in accordance with Section 1.1 of the Terms. Material reductions in the service level commitments set forth herein shall not apply to Customer during the remainder of Customer’s then-current subscription term.

8. CONTACT INFORMATION

For Service Credit requests or SLA-related inquiries:

Email: support@getencube.com