SUPPORT SERVICES AND SERVICE LEVEL TERMS OF DELTIA GMBH (10.02.2025) 

Terms not defined herein will have the meanings ascribed to them in the relevant agreement for the Deltia Services entered into between the parties (the “Agreement”) that incorporates these Support Services and Service Level Terms (the “SLA”) by reference or related service order, order form, quote or other similar document (“Service Order”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement. 

1. AVAILABILITY OF THE CLOUD SERVICE 

1.1. Uptime Percentage SLA. Deltia shall use commercially reasonable efforts to make the Cloud Services available to Customer based on a monthly calculated Uptime Percentage target of ninety-nine (99%) (“Uptime Percentage SLA”). The Cloud Services availability will be calculated by dividing (i) the total number of minutes in which the Cloud Services are up and running and available during an applicable calendar month (“Uptime”) by (ii) the total number of actual minutes in such month less the total minutes of Exclusions in such month, and then multiplying that amount by 100 (“Uptime Percentage”). 

Uptime Percentage = Uptime ÷ (Total minutes in month - Exclusions) x 100 

1.2. Definitions. 

1.2.1.“Exclusions” means any unavailability, suspension or termination of the Cloud Services, that: (i) are caused by factors outside of Deltia’s reasonable control, including, without limitation, any Force Majeure Event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Deltia or its direct hosting subcontractors (i.e., beyond the point in the network where Deltia maintains access and control over the Subscription Services); (ii) result from any actions or inactions of Customer or any third party (other than Deltia’s direct hosting subcontractor), including any failure to comply with the Documentation, terms of the Agreement, any failure to use the most recent version of the Deltia Dashboard or Subscription Services, failure to provide remote access or cooperate with Deltia support personnel; (iii) result from Customer’s or a third party’s applications, equipment, software or other technology (other than Customer Hardware within Deltia’s direct control); or (iv) arise from Deltia’s suspension or termination of Customer’s right to use the Deltia Cloud Services in accordance with the Agreement, (v) Scheduled Maintenance (as defined below); or (vi) problems or issues related to Preview Services or other non-generally available Deltia features, test environments or products. 

1.2.2.“Scheduled Maintenance” means ((i) maintenance that is notified to Customer or otherwise agreed with Customer at least three (3) business days in advance, or (ii) emergency maintenance to address a security issue that could cause material or imminent harm to Customer, Deltia or the Services, for which Deltia shall provide as much advance notice as is practicable under the circumstances. Deltia will use commercially reasonable efforts to schedule Scheduled Maintenance for off-peak hours. For purposes of clarification, Scheduled Maintenance does not include Updates made in accordance with Section 3.7 of the Agreement. 

1.3. Chronic Service Availability Failure. In the event that the Uptime Percentage per calendar month is less than 95% (I) in any four (4) successive calendar months during a Subscription Term; or (ii) in any five (5) or more calendar months during a Subscription Term (a “Chronic Service Availability Failure”), Customer shall, within thirty (30) days following the occurrence of such Chronic Service Availability Failure, have the right to terminate the applicable Service Order upon thirty (30) days written notice to Deltia. Upon a termination for Chronic Service Availability Failure, Deltia will, upon request, refund to Customer, on a pro-rated basis, any subscription fees for such Cloud Service previously paid to Deltia for the corresponding unused portion of Customer’s Subscription Term. Any termination for a Chronic Service Availability Failure shall take effect on the last day of the month in which Deltia received the termination notice. 

1.4. Subject to any claims for damages under the Agreement, downtime of the Cloud Services is remedied exclusively in accordance with this SLA. 

2. SUPPORT 

2.1. Support. Deltia will provide support to Customer as set forth below (“Support”). Support is provided in English as the sole language. 

2.2. Support Tickets. 

2.2.1.Customer’s authorized users may submit a ticket (a “Support Ticket”) by email to support@deltia.ai. All Support Tickets shall be submitted in writing in accordance with this Section 2.2. Each Support Ticket will be assigned a unique case number. Multiple Support 

Tickets submitted related to substantially the same occurrence or subject matter shall be deemed a single Support Ticket. 

2.2.2.Support Tickets shall (i) describe the support issue in detail including, without limitation, the conditions under which the support issue occurs and the effects of the issue, (ii) appoint a qualified member of staff who will be available as a contact person for Deltia and who is authorized to make the decisions necessary to provide the Support, (iii) be submitted as soon as possible and at the latest within 2 business days of Customer first becoming aware of the issue and (iv) contain a proposal to classify the severity of the defect in accordance with Section 2.4 of this SLA. 

2.2.3.Deltia will respond to each Support Ticket in accordance with this SLA and will use commercially reasonable efforts to promptly resolve each Support Ticket. Actual resolution time will depend on the nature of the Support Ticket and the resolution itself. A resolution may consist of a fix, workaround, new feature request, delivery of information or other commercially reasonable solution to the issue. 

2.2.4.Deltia may, from time to time, develop additional methods for Customer to submit a Support Ticket, and will make information regarding such methods available to Customer. 

2.3. Scope of Support. Support covers (i) development and production issues for the Deltia Dashboard; (ii) informational and implementation questions about the Deltia Services and its features; and (iii) troubleshooting operational problems with the Deltia Dashboard and Customer Hardware. Support does not include issues resulting from the Exclusions or code development, debugging, or fixing of any Customer’s or any third party’s software that interacts with the Deltia Dashboard. Deltia may assist Customer and its third party providers in diagnosing and resolving issues or errors, but Customer acknowledges that these matters are outside of Deltia’s support obligations. 

2.4. Severity Classification. Customer shall reasonably self-diagnose the severity of each Support Ticket (a “Severity Level Determination”) and recommend an appropriate Service Level Determination to Deltia in accordance with the following criteria: 

Deltia shall validate Customer’s Severity Level Determination or notify Customer of a proposed change in the Severity Level Determination to a higher or lower level with justification for the proposal. In the event of a conflict regarding the appropriate Severity Level Determination, each party shall promptly escalate such conflict to its management team for resolution through consultation between the parties’ management, during which time the parties shall continue to handle the Support Ticket in accordance with the Deltia Severity Level Determination. 

2.5. Deltia Support Commitment. Deltia will respond to Support Tickets based on the Maximum Response Times and Severity Level Determination set forth below. 

“Maximum Response Time” means the period from the time a Support Ticket was submitted until Deltia responds to Customer. Because of the widely varying nature of issues, Deltia cannot provide specific resolution time commitments. 

“Business Hours” shall be defined as the time between Monday through Friday between 9am to 5pm Central European Time, excluding weekends and holidays. 

2.6. Customer Support Commitment. Deltia’s provision of Support is subject to Customer providing support and assistance to Deltia as follows based on the Severity Level of the Support Ticket: 

Customer’s technical team or technical personnel shall remain 

Severity 1 - Critical Severity 2 & 3 

accessible available via ticket or web conference from the time Support Ticket is submitted until issue is resolved 

Customer’s technical team or technical personnel shall respond to Deltia’s requests for additional information and shall implement recommended solution in a timely manner 

To the extent required by the applicable Support Ticket, Customer shall grant Deltia access to the Customer Facility and Hardware. Depending on the Severity Level Determination, such access may be granted outside of Customer’s regular business hours, provided that in each case Deltia shall use its commercially reasonable efforts to minimize any disturbance to Customer’s business operations. 

Deltia is not responsible for any delays, failures, deficiencies, or non-conformities with regards to Support if such delays, failures, deficiencies, or non-conformities are due to a delay or failure by Customer to fully comply with their obligations set forth above. Agreed deadlines (if any) will be automatically extended by the amount of time during which Customer is not in compliance with these obligations. 

3. WARRANTY. This SLA shall not affect Deltia’s obligations under Section 6 (Representations, Warranties and Disclaimer) of the Agreement, but is subject to Section 8 (Limitation on Liability) of the Agreement.