Service Level Agreement

1 Scope

1.1 The scope of this Service Level Agreement is the definition of performance parameters ("Service Level") for measuring and controlling the quality of the services to be provided under the Terms, as well as the determination of measures in the event of non-compliance with the agreed Service Level.

1.2 The Services to be provided under the Terms are detailed here http://www.kanbert.com/compliance/features. This Service Level Agreement defines the access and availability of the Platform and the Services.

2 Availability

2.1 The Provider guarantees an availability of the Platform and Services agreed in the Terms of 99,5 % ("Availability") per month, unless maintenance work is carried out by the provider

2.2 The Platform and Services are available if they can be accessed in the agreed period in accordance with the agreed percentage of Availability.

2.3 In determining the Availability, such downtimes shall be unconsidered which:

2.3.1 the Provider is not responsible for, in particular impairments based on failures and/or malfunctions of technical systems and/or network components outside the Provider's area of responsibility; in particular

2.3.1.1 failures caused by unavailability or technical failures of APIs;

2.3.1.2 failures caused by incoming IT attacks;

2.3.1.3 failures caused by improper use of software (or hardware) by the User;

2.3.1.4 failures caused by specifications of software manufacturers (e.g. installation of security patches).

2.3.2 were agreed with the User or which are due to unforeseeable necessary maintenance work for which the Provider is not responsible.

2.4 The User is obligated to immediately notify the Provider by email support@kanbert.com of any service disruptions, availability restrictions or availability failures that are recognizable to the User.

3 Response and Rectification Period

3.1 During the term of the Term, the Provider will remedy any disruptions of the Services, availability restrictions or availability failures on the basis of the following provisions.

3.2 Malfunctions that occur will be divided into the following categories by the Provider at its reasonable discretion, taking into account the interests of the User:

3.2.1 Priority 1: The entire system is not available with all important functions and is no longer available to the User, even if workarounds are used.

3.2.2 Priority 2: The overall system is significantly impaired. Elementary functions are not available or only with extreme performance losses.

3.2.3 Priority 3: The overall system is impaired. Elementary functions for using the system are available. For failed (partial) systems, there is a workaround and/or restrictions only for a small number of system users (<20%).

3.3 The Provider shall respond to the User's notification of a malfunction within the following response periods ("Response Period"):

3.3.1 In the event of a Priority 1 malfunction: within 12 hours of receipt of the notification,

3.3.2 In the event of a Priority 2 fault: within 24 hours of receipt of the notification,

3.3.3 In the event of a Priority 3 fault: within 48 hours of receipt of the notification.

3.4 The response period begins with receipt of the User's report by the Provider. The Provider shall be deemed to have complied with this period if it informs the User of its initial assessment of the solution to the problem within the period specified in Sec 3.3.

3.5 The Provider shall rectify the fault within the following rectification periods ("Rectification Period "):

3.5.1 In the case of a Priority 1 fault: within 24 hours of receipt of the notification,

3.5.2 In the case of a Priority 2 fault: within two Austrian working days of receipt of the notification,

3.5.3 In the case of a Priority 3 incident: within ten Austrian working days of receipt of the notification.

3.6 The Provider may, at its sole discretion, choose the means of rectifying a malfunction. If the Provider determines that it cannot successfully rectify the fault within the specified period, it must immediately inform the User of the additional time required to rectify the fault.

3.7 In the event of Category 1 and 2 faults, the Provider shall provide a work-around solution until the fault has been completely rectified within the Rectification period, insofar as this is possible and necessary.

4 Maintenance

4.1 The Provider has the right to carry out maintenance work on weekdays in the period from 20:00 to 06:00 CET and at weekends from 00:00 to 24:00 CET ("Maintenance Window").

4.2 Activities in the Maintenance Window shall be announced to the User in advance with a reasonable period of notice. The Provider is entitled to postpone or extend the Maintenance Window in exceptional cases to eliminate or prevent serious faults. During the Maintenance Window, the Platform may not be available or may have limited availability, which does not constitute a defect or malfunction of the Platform.

5 Support

5.1 The Provider shall support and advise the User with regard to troubleshooting by email support@kanbert.com

5.2 The User shall always notify the Provider by email of any non-availability. The User shall describe the problems as precisely as possible.

6 Remuneration

6.1 Compliance with the service levels defined in the Service Level Agreement shall not be remunerated separately.

7 Term Termination

7.1 This Service Level Agreement shall come into force simultaneously with the User's explicit consent to the Terms and shall automatically terminate upon termination of the Terms.

7.2 If within a period of 12 weeks 4 malfunctions of Priority 1 or 8 malfunctions of Priority 2 occur, the User may terminate the Term within a period of 2 weeks.

September, 2024