Service & Support Levels Agreement

This Service and Support Levels Agreement ("SLA") supplements the Master Subscription Agreement or other written or electronic agreement between DELINE8.AI LIMITED and Customer for the purchase of services from deline8 (the "Agreement") and describes the service and support levels available to Customer.

Capitalized terms not specifically defined in this SLA shall have the meanings defined in the Agreement.

1. Definitions

1.1. "Business Days" means Monday through Friday, excluding public holidays in Ireland.

1.2. "Business Hours" means 9:00 AM until 5:00 PM, Greenwich Mean Time (GMT) / Irish Standard Time (IST), during Business Days.

1.3. "Monthly Downtime" means the total number of minutes in a specific calendar month during which Customer is unable to log in to the Platform using proper credentials, excluding Scheduled Downtime.

1.4. "Scheduled Available Time" means the total number of minutes in a specific calendar month, less all Scheduled Downtime during that month.

1.5. "Scheduled Downtime" means the total number of minutes in a specific calendar month during which Customer is unable to log in to the Platform using proper credentials due to scheduled upgrades and maintenance performed by deline8.

2. Service Levels

2.1 Applicability. The Service Levels described in this Section 2 apply only to paid subscription tiers of the Services (including Scout, Deep Dive, and Enterprise/PE Portfolio Tiers). Service Levels do not apply to any Freemium, trial, evaluation, or beta services provided by deline8.

2.2 Scheduled Downtime Notice. deline8 will use commercially reasonable efforts to notify Customer of Scheduled Downtime for upgrades and maintenance at least 48 hours in advance. Scheduled Downtime will be scheduled for a weekend whenever possible.

2.3 Monthly Uptime Percentage. The Monthly Uptime Percentage guaranteed to Customer is 99.5%, and it is calculated using the following formula:

((Scheduled Available Time - Monthly Downtime) / Scheduled Available) X 100

2.4 Service Credits. If deline8 fails to meet the Monthly Uptime Percentage in any calendar month during the Subscription Term and Customer submits a request for a Service Credit within thirty (30) days following the end of that month, Customer will be entitled to a credit equal to the percentage of the monthly fees for the affected Services, as identified in the table below (each, a "Service Credit"). deline8 will apply any earned Service Credits to Customer's next invoice. Service Credits will not entitle the Customer to any refund or other payment from deline8.

Service Credits are Customer's sole and exclusive remedy for any Services performance or availability issues. The total Service Credits in any billing month will not, under any circumstances, exceed 25% of the fees paid by Customer for the affected Services in that billing month.

2.5 Service Levels Exclusions. deline8 will have no liability for any failure to meet the Service Levels to the extent such failure is related to: (a) Customer's use of the Services other than in accordance with the terms of the Agreement and/or the Documentation; (b) the unavailability, suspension, or termination of any of Customer's cloud provider accounts, or any other cloud service provider performance issues; (c) issues with Customer's network connections, internet access, or other infrastructure; or (d) circumstances beyond deline8’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems.

3. Support Levels

3.1 Contacting deline8 Support. deline8 will provide English-speaking remote assistance to Customer's Permitted Users for questions or issues related to any error in the Services, including troubleshooting, diagnosis, and recommendations for potential workarounds. Customer's Permitted Users may report errors by submitting a support request via the deline8 Help Center. Customer's Permitted Users should be reasonably proficient in the use of the Services and should use reasonable diligence to ensure a perceived error is not an issue with Customer's own equipment, software, or internet connectivity.

3.2 Submission of Support Requests. To ensure timely and effective resolution, each support request must: (a) designate the Priority Level of the error in accordance with the definitions in the table below; (b) identify the account that experienced the error; (c) provide the start time and a detailed description of the error, including the steps required to reproduce it; (d) provide relevant log files or data; (e) provide the wording of any error message; and (f) provide accurate contact information for the Permitted User most familiar with the error.

3.3 Response Times and Support Tiers. To ensure timely and effective resolution, each support request must: (a) designate the Priority Level of the error in accordance with the definitions in the table below; (b) identify the account that experienced the error; (c) provide the start time and a detailed description of the error, including the steps required to reproduce it; (d) provide relevant log files or data; (e) provide the wording of any error message; and (f) provide accurate contact information for the Permitted User most familiar with the error.

3.4 Support Levels Exclusions. deline8 will have no obligation to provide Support for issues arising from: (a) misuse of or unauthorized modifications to the Services; (b) third-party platforms or other third-party systems; (c) any Freemium, trial, beta, or other free or evaluation use; or (d) versions of any deline8 agent or collector that are no longer supported by deline8.

3.5 Agent and Collector Support Policy. The deline8 Services may utilize a secure, lightweight agent and/or collector to gather required metadata. Customer is responsible for the prompt installation of all updates to these components that are provided by deline8. As enhanced versions are developed, deline8 may cease to maintain and support older versions. deline8 will use commercially reasonable efforts to provide support for older versions but will have no obligation to provide support for versions outside of deline8's stated support policy, which will be made available in the Documentation and subject to change following advance notice of at least 90 days.