Software as a Service (SaaS) Agreement
Service Level Agreement

This document communicates DataBahn’s ServiceLevel Agreement (“SLA”) with Customer for its production instance of theServices. Except as otherwise modified or defined herein, capitalized termsshall have the same meaning as in the SaaS Agreement (and related Order Forms)between Customer and DataBahn associated with the Services and other services.This SLA consists of this introduction and the following Terms and Conditions.

Terms and Conditions

1.    Standard Terms

1. During each calendar month ofthe Term, DataBahn warrants at least 99.5% System Availability for theServices.
2. System Availability for theServices is calculated per calendar month by:
   1. Dividing (x) the total minutesduring which the user interface of the Services in a Customer productioninstance are available in the month minusthe total minutes of scheduled maintenance in the month, by (y) the totalminutes in the month minus thetotal minutes of scheduled maintenance in the month; and
   2. Multiplying the result by 100.
   For purposes of calculating SystemAvailability, only the unavailability of the Services exceeding 30 seconds will apply.
3. DataBahn reserves the right totake the Services offline for scheduled maintenance for which Customer has beenprovided reasonable notice.  DataBahnreserves the right to change its maintenance window upon prior notice toCustomer.

2.    Exclusions

‍A Customer will not be entitled to a service credit if it is in breach of its SaaSAgreement, including payment obligations. The service level commitment does notapply to any downtime, suspension, or termination of the Services that resultsfrom:

• Account suspension ortermination due to Customer's breach of the SaaS Agreement.
• Routine scheduledmaintenance.
• Unscheduled, emergencymaintenance or an emergency caused by factors outside DataBahn's reasonablecontrol, including force majeure events such as acts of God, acts ofgovernment, flood, fire, earthquake, civil unrest, acts of terror, CustomerMaterials, third party content or internet service provider failures or delays(including, but not limited to, issues / outages related to cloud providers orother utilities).
• Failure due to a Customer'sequipment, software or other technology, or third-party equipment, software ortechnology (other than those which are under DataBahn's control).
• Failures resulting fromsoftware or technology for which DataBahn is not responsible under the SaaS Agreement.
• Customer’s ability orinability to operate the Edge Nodes is addressed by DataBahn's supportservices.
  Partial loss offunctionality while sections of core features are functional. For clarity, ifsome features of the product work, it does not warrant credit claims.
• Failure to deliver data tothe destination due to unavailability of the destination.

3.    SLA Claims

‍Customermust notify DataBahn customer service via support ticket within five (5)business days from the occurrence of the SLA incident and provide the detailsof the incident (a “SLA Claim”). DataBahn will use log files, databaserecords, audit logs and any other information available to validate an SLAClaim and make a good faith judgment on the applicability of this SLA to suchSLA Claim. In the event an SLA Claim is denied, DataBahn shall make the informationused to validate such SLA Claim available for auditing by Customer atCustomer’s request. DataBahn reserves the right todeny the service credit if the Customer does not qualify.

4.    Service Credits

‍If SystemAvailability is less than 99.5% in an individual calendar month and providedthat Customer has fulfilled all of its obligations under the SaaS Agreement andincluding the provisions of Section 2 (Exclusions) above, then Customer may submit an SLA Claim. UponDataBahn’s validation of the SLA Claim, a Service Credit will be applied inCustomer’s next invoice or at the end of the term, at Customer’s discretion.

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