This Service Level Agreement (“SLA”) applies only to the Services listed below in section 1 (“Included Services”) and applies separately to each EVALINK Account using the Included Services. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

1. Included Service(s)

• Service evalink talos AMS (“evalink talos AMS”)
• Service evalink talos UI (“evalink talos UI”)
• Service evalink talos Virtual SIA DC-09 Receiver (“Virtual SIA DC-09 Receiver”)
• Service evalink talos Virtual TNA Receiver (“Virtual TNA Receiver”)
• Service evalink talos Virtual Vanderbilt SPC Receiver (“Virtual Vanderbilt SPC Receiver”)
• Service evalink talos Virtual VdS Receiver (“Virtual VdS Receiver”)

2. Service Commitment

Sitasys will use commercially reasonable efforts to make the Included Services each available with a Monthly Uptime Percentage, during any monthly billing cycle, of at least 99.95% (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

3. Service Credits

Service Credits are calculated as a percentage of the charges paid by you to Sitasys under the concerned EVALINK Account for the applicable Included Service for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

We will apply any Service Credits only against future payments otherwise due from you for the applicable Included Service under the concerned EVALINK Account. At our discretion, we may issue the Service Credits to the credit card you used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle you to any refund or other payment from Sitasys. Service Credits will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one Euro (1 EUR). Service Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide the Included Services is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

4. Credit Request and Payment Procedures

To receive Service Credits, you will need to submit a claim by opening a case by e-mail to notice@sitasys.com with uptime link and docs. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

(i) the words “SLA Credit Request” in the subject line;

(ii) the billing cycle with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability throughout the billing cycle;

(iii) your Request logs that document the Errors for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such credit request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which the credit request occurred. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.

5. SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of an Included Service, or any other Included Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Included Service; (ii) that result from any actions or inactions from you or any third party (e.g. scaling of provisioned capacity, misconfiguring workflows or integrations, EVALINK Account configurations or credential settings, disabling EVALINK Services, etc.); (iii) that result from you not following the best market practices and training materials available on the EVALINK Site; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension or termination of your right to use the applicable Included Service in accordance with the Agreement (collectively, the “SLA Exclusions”).

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

6. Definitions

“Availability” is calculated for each 5-minute interval as the percentage of Requests processed by the applicable Included Service that do not fail with Errors and relate solely to the provisioned Included Service. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.

An “Error” is any Request that returns a 500 or 503 error code.

“Monthly Uptime Percentage” is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion (defined above).

A “Request” is, with respect to:

• an API or HTTPS request by directly calling the Publish API and/or an inability to access and use the web interface of Included Services through HTTPS with Chrome or Firefox browsers in their consumer version without third party add-ons.

A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.