Lex Software Limited T/A Klyant – Service Level Agreement

PLEASE READ THIS AGREEMENT CAREFULLY

1. UPTIME

Klyant intends to provide 99.9% uptime each calendar month, 24 hours a day, 7 days a week ("Service Hours"). Uptime is measured based on the monthly average of availability rounded down to the nearest minute. Uptime is calculated as follows:

(Service Hours – Downtime (as defined in section 2)) / Service Hours * 100%.

2. DOWNTIME

Downtime is the period of time during which the Subscribed Service is unavailable to the Customer. The Subscribed Service is unavailable when it is offline or not operational. Downtime includes urgent maintenance for which less than 24 hours' notice was provided to affected Customers and excludes Scheduled Maintenance, as defined in Section 3 of this SLA. It also excludes any downtime caused by communications, network, or hosting operators outside of Klyant’s control.

3. SCHEDULED MAINTENANCE

Klyant will be required from time to time to perform maintenance to keep providing the Subscribed Service(s) ("Scheduled Maintenance") and will use commercially reasonable efforts to:

• Announce Scheduled Maintenance at least 5 calendar days in advance; and
• Limit interruptions from Scheduled Maintenance where possible.

4. ADDITIONAL SUBSCRIPTION DAYS

Should uptime fall below 99.9% in any calendar month, Klyant will pay damages in the form of additional subscription days ("Additional Subscription Days"), which are equal to the total number of days of the applicable month (the month in which uptime fell below 99.9%), calculated on an hourly basis as applicable, pro rata to the amount by which uptime fell below 99.9%. To apply for Additional Subscription Days under this SLA, the Customer must submit a written request to hello@klyant.com within 30 calendar days of the end of the applicable month with the subject "SLA Additional Subscription Days". The request must include the dates and times of the Downtime for which Additional Subscription Days are being requested.

‍Additional Subscription Days are the sole and exclusive remedy for Klyant's failure to meet the uptime. Each month, Additional Subscription Days are capped at the total number of days in the applicable month. The Customer cannot claim any Additional Subscription Days if there are outstanding invoices and all Additional Subscription Days expire upon termination or expiration of the Agreement.

5. RESPONSE TIME AND RESOLUTION

In the event that the Customer experiences an issue and notifies Klyant ("Issue"), Klyant will undertake commercially reasonable efforts to address the Issue. Neither Klyant nor its agents make any specific promises about time frames to address Issues. The following target response and target resolution times apply:

6. HELP DESK

Klyant Support can be contacted by telephone (+44 (161) 7681 736 or +353 (1) 8733512) or email via hello@klyant.com. Our support team is available between 9am and 5 pm Monday to Friday. The target response time for all queries is 2 hours.

7. BACKUPS

Klyant makes full backups of all Customer Data stored in databases on a daily basis. In the unlikely event of damage or outage at Klyant's data hosting locations, Klyant will restore Customer Data from the most recent backup. This will be treated as an A-Priority Issue.

8. SOFTWARE IMPROVEMENTS

Klyant will make new versions, releases, and updates to the Subscribed Service available to: (i) solve defects and/or errors, (ii) keep the Subscribed Service up to date with market developments, or (iii) otherwise improve the Subscribed Service.

9. EXCLUSIONS

Klyant's failure to attain to the uptime and support efforts set out in this SLA will not be considered as a breach of this SLA, if such failure is caused, directly or indirectly, by:

• Scheduled Maintenance;
• Klyant following instructions from Customer or its Authorised User(s);
• Customer's requested setups, changes and customizations to Subscribed Service of which Klyant has advised the Customer that they may influence the performance or user experience of Subscribed Service;
• A breach by the Customer or its Authorised User(s) of its obligations under the Agreement;
• Modifications to the Subscribed Service not made or authorized by Klyant in writing;
• The Customer preventing or delaying Klyant from performing maintenance on the Subscribed Service;
• Third Party Products;
• User(s) adding, deleting, or assigning improper rights to Authorised Users;
• Factors outside of Klyant's reasonable control, including but not limited to, force majeure events, failures of the internet and governmental requirements.

10. UPDATES TO THE SLA

Klyant may revise this SLA from time to time. If the revision, in Klyant’s sole discretion, is material, Klyant will notify the Customer of such change through email. If the Customer does not wish to be bound by such revision, the Customer must notify Klyant at hello@klyant.com within 30 calendar days of receiving the updated SLA.