Service Level Agreement

1.BACKGROUND AND PURPOSE

1.1.This Service Level Agreement (“SLA”) applies to every customer with a paid Plan under the Lab08 Terms of Service and forms part of those Terms (the “Agreement”). In this SLA, “Licensee” means the Customer and “Licensed Software” means the Platform, both as defined in the Agreement.

1.2.The SLA describes Lab08’s commitment to securing a high performing and available infrastructure and the consequences if Lab08 fails to meet these commitments.

2.DEFINITIONS

2.1.Terms defined in the Agreement shall have the same meaning in this SLA, unless otherwise expressly stated herein.

2.2.Furthermore, for the purpose of this SLA:

2.2.1.“Business Hours” means the period from 8:00 am to 5:00 pm CET on any day that is not a Saturday, Sunday or a public holiday or bank holiday in Denmark.

2.2.2.“Downtime” is the total accumulated minutes in a calendar month during which the Licensed Software is unavailable or inaccessible, however, not including (i) scheduled maintenance windows, nor (ii) unavailability of the Licensed Software due to factors outside Lab08’s reasonable control, including, without limitation, force majeure events, third-party network issues (e.g. AWS downtime), internet disruptions, or other access or availability problems beyond the demarcation point of Lab08.

2.2.3.“Monthly Uptime Percentage” is calculated as the total number of minutes in a calendar month less Downtime suffered in that calendar month, divided by the total number of minutes in that calendar month and multiplied by 100.

2.2.4.“Uptime Aim” means the provision of the Licensed Software with a Monthly Uptime Percentage of at least 99.50%.

2.2.5.“Uptime Service Credit” means the percentage of the monthly subscription fees paid by Licensee for the Licensed Software that is credited back to Licensee following Lab08’s claim approval, in accordance with clause 4.

3.RESPONSE TIME, SUPPORT AND STATUS UPDATES

3.1.Lab08 provides email-based support to assist Licensee with issues related to the availability, functionality, and use of the Licensed Software. Support inquiries should be directed to support@lab08.com. Lab08 will make commercially reasonable efforts to respond within one (1) hour to support requests submitted during Business Hours about incidents that stop the Licensed Software from working (“Critical Incidents”), and within nine (9) Business Hours, one full business day, to all other support requests, and will aim to provide an initial assessment or resolution timeline. Critical incidents affecting core functionality will be prioritized. Support is available in English. Lab08 will use commercially reasonable efforts to respond to support requests and Downtime within its standard response timeline set out below.

3.2.For a Critical Incident notified during Business Hours, Lab08 will aim to provide Licensee with a status update, including an estimated time of resolution, within one hour from receiving Licensee’s notification.

3.3.For a Critical Incident notified outside of Business Hours, Lab08 will aim to provide Licensee with a status update, including an estimated time of resolution, during the next Business Hour.

4.UPTIME SERVICE CREDITS

4.1.In the event Lab08 does not meet the Uptime Aim during any month, Licensee has the right to claim an Uptime Service Credit. For Lab08 to consider a claim, Licensee must submit the claim by emailing Lab08 at support@lab08.com and citing the applicable period that the Uptime Service Credit is claimed against. The Uptime Service Credit shall be deemed waived by Licensee, unless Lab08 receives the foregoing email request claiming an Uptime Service Credit within thirty (30) days of the end of the applicable period.

4.2.Lab08 will evaluate all information reasonably available to it and make a good faith determination of whether any Uptime Service Credit is owed. If Lab08 determines that an Uptime Service Credit is owed to Licensee, Lab08 will apply such Uptime Service Credit to any future payment of fees occurring after the period in which the Uptime Service Credit was earned.

4.3.Uptime Service Credits are Licensee’s sole and exclusive remedy for any availability issues with the Licensed Software and will not entitle Licensee to any refund or other payment from Lab08. Licensee may not unilaterally offset its fees for any availability issues.