Service Level Agreement

Version 2.1 — Effective 1st December 2022

1. Definitions

“Downtime" means any period during which the Customer is unable to access the Services, as measured at the Enterprise Bot network by industry standard tools, due to an Issue which prevents the majority of Customer Users from accessing the Services, expressly excluding (i) Scheduled Downtime, and (ii) any unavailability caused by circumstances beyond Enterprise Bot’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Enterprise Bot employees), Internet service provider failure or delay, Non-Enterprise Bot application, or denial of service attack.

“Issue” means a single, reproducible issue or problem affecting the functionality of the Services for Customer.

“Scheduled Downtime” means a scheduled time period in which the Services is unavailable for use. Enterprise Bot will give advance electronic notice of Scheduled Downtime.

“SLC Credit” means the credit that may be available to a Customer who has subscribed to Large Package under the applicable Order Form and as specified under Service Level Commitments below.

“Support Services” means telephone, email or web-based assistance in the resolution of Issues reported by Customer to Enterprise Bot. Available Support Services are:

• “Small Package” which is included the Customer’s purchase of the Services;
• “Medium Services” which is purchased by the Customer and identified under the applicable Order Form; or
• “Large Package” which are purchased by the Customer and identified under the applicable Order Form.

“Uptime Percentage" means the total number of minutes in a calendar month minus the number of minutes of Downtime experienced in such calendar month, divided by the total number of minutes in such calendar month.

2. Service Level Commitments

2.1 Small Package. For Customers with Small Package, Enterprise Bot will use commercially reasonable efforts to meet an Uptime Percentage of at least 95%.

2.2 Medium Package. For Customers with Medium Package, Enterprise Bot will use commercially reasonable efforts to meet an Uptime Percentage of at least 97%.

2.3 Large Package. For Customers with Large Package, Enterprise Bot will use commercially reasonable efforts to meet an Uptime Percentage of at least 99.9%. If Enterprise Bot fails to meet the Service Availability SLA during any one calendar month period, then Customer will be eligible for a service credit (the “Service Credit(s)”) in the amount of five percent (5%) of the monthly fee for the affected service. For every additional one (1) percent of the calendar month that Service Availability is unavailable, Customer will be eligible for an additional Service Credit in the amount of five percent (5%) of the monthly service fee for the affected service, up to 50% of the monthly service fee.

Customers who have purchased Large Package will be eligible to receive SLC Credits provided that:

(1) Customer has reported an Issue related to a Downtime event by filing a ticket with Enterprise Bot support within fifteen (15) days of the Downtime event; and (2) once Customer receives the Uptime Percentage report provided by Enterprise Bot and confirms Uptime Percentage as below 99.9% in the month the issue was experienced, Customer has provided Enterprise Bot a written claim request for SLC Credits within fifteen (15) days of the date of uptime percentage report.

The SLC Credits will be equal to the SLC Credit percentage multiplied by the fees paid by Customer for the Services that are attributable to the corresponding calendar month (calculated on a straight line, pro-rated basis with respect to any fees paid in advance) and then pro-rated for based on affected Users. Notwithstanding anything to the contrary, in no event will the total amount of SLC Credits if any, exceed the fees paid by Customer for the Services in the corresponding month. For clarity, for the purpose of calculating SLC Credits, calendar months are calculated based on Central European Time Zone.

The SLC Credit is Customer's sole and exclusive remedy for any failure by Enterprise Bot to meet any service level obligations pertaining to the Services as set out in this SLA. Customer is not eligible to receive SLC Credits during any period of time when payments owed are past due.

For Customer Order Forms placed through Enterprise Bot, SLC Credits will be issued by Enterprise Bot, as determined in Enterprise Bot’s sole discretion, either by applying to future billing cycle(s) or as a refund against annual fees earlier paid.

Enterprise Bot Technical Support Exhibit

1. Support Services

1.1 During the term of the Order Form, Enterprise Bot will provide to Customer the applicable Support Services. If Customer has not purchased Medium Package or Large Package, then Small Package will be provided. Support Services do not include: (a) physical installation or removal of the Enterprise Bot Software and any Documentation; (b) visits to Customer’s site; (c) any professional services associated with the Services, including, without limitation, any custom development, data modelling, code review and application architecture/infrastructure design; (d) training; or (e) the set-up, configuration and use of the Services.

1.2 Enterprise Bot's obligations do not extend to any ongoing test or training instances of the Services provided to Customer, or Downtime, Issues or errors that are caused by: (i) Third party hardware or software; (ii) Use of the Services in violation of the terms of the Agreement; or (iii) Use of the Services other than in accordance with any Documentation or the express instructions of Enterprise Bot.

2. Response Times

2.1 Small Package Response Times. For Customers with Small Package, Enterprise Bot will use commercially reasonable efforts to meet the following target response times during the hours/days, as outlined below.

2.2 Medium Package Response Times. For Customers who have purchased Medium Package, Enterprise Bot will respond in accordance with the response times below. If Enterprise Bot fails to meet the response times, Customer may be entitled to a Response Time Credit as outlined below.

2.3 Large Package Response Times. For Customers who have purchased Large Package, Enterprise Bot will respond in accordance with the response times below. If Enterprise Bot fails to meet the response times, Customer may be entitled to a Response Time Credit as outlined below.

3. Description of Severity Levels

4. Medium Package and Large Package Response Times Credits

4.1 For Customers who have purchased Medium Package or Large Package, if Enterprise Bot fails to meet the response times associated with Medium Package or Large Package, Customer may be entitled to a response time credit as outlined below (“Response Time Credit”).

4.2 Response Time Credits: Customer will be eligible to receive a Response Time Credit, provided that: (1) Customer has purchased Medium Package or Large Package; (2) Customer has opened a support ticket for an Issue; and (3) Enterprise Bot fails to meet the response times for Level 1 and Level 2 support tickets three (3) times during the given calendar month (collectively, a “Response Credit Event”).

In the event that Customer incurs a Response Credit Event, Customer will receive a Response Time Credit of fifteen (15%) percent of the fees paid by Customer for the applicable Medium or Large Package for the month the Response Credit Event occurred. The Response Time Credit will be calculated on a straight-line, pro-rated basis with respect to any fees paid in advance. Notwithstanding anything to the contrary, in no event will the total amount of Response Time Credits exceed 50% of the applicable Medium Package or Large Package fees paid by Customer for the corresponding month. For clarity, for the purpose of calculating Response Time Credits, calendar months are calculated based on Central European Time Zone.

The Response Time Credit is Customer's sole and exclusive remedy for any failure by Enterprise Bot to meet any response time performance obligations pertaining to the Services as set out in this TSA. Customer is not eligible to receive Response Time Credits during any period of time when payments owed are past due.

For Customer Order Forms placed through Enterprise Bot, Response Time Credits will be issued by Enterprise Bot, as determined in its sole discretion, either by applying to future billing cycle(s) or as a refund against annual fees earlier paid.