Support and Service Level Agreement

1. Definitions

Except as otherwise defined below, capitalized terms used in the SLA shall have the same meaning as given in the Terms of Use between Nirvana Labs and the Customer (the "Terms") and if not in the Terms, the Order Form entered into between Nirvana Labs and the Customer (the "Order"):

1.1 "Claim"

means a claim submitted by Customer to Nirvana Labs pursuant to these Terms.

1.2 "Downtime"

means the total number of hours in a billing month when all the running instances of Nirvana Labs Service have no connectivity or cannot be operated.

1.3 "Scheduled Downtime"

means the periods of downtime relating to network, hardware, or service maintenance or upgrades. Nirvana Labs will use reasonable commercial endeavors to provide written notice to Customer prior to the commencement of Scheduled Downtime.

1.4 "Emergency Downtime"

is any unplanned outage for which Nirvana Labs is unable to provide notice as Scheduled Downtime. There shall be no more than one instance of Emergency Downtime in any calendar month, with a duration not to exceed four hours in each instance.

1.5 "Service Credits"

are credits given to the Customer to use on future Nirvana Labs's services.

1.6 "Scheduled Maintenance"

refers to scheduled service upgrades and other maintenance tasks with advanced notice. Customers will be notified at least 48 hours in advance by e-mail sent to the registered e-mail address. It is possible that during this maintenance period one or more Service features are temporarily completely or partially out of use and are therefore not available to the Customer.

2. Service Level

2.1 Service Credit Eligibility

If the Quarterly Uptime Percentage is less than or equals 99.9%, then the Customer will be eligible to receive Service Credits as detailed in the table below. Note, Downtime does not affect every customer at the same time or in the same way.

2.2 Calculating Uptime/Downtime

Nirvana Labs calculates downtime from the moment Customer reports a service issue and that is confirmed by Nirvana Labs, until the issue is resolved. However, if the service is interrupted due to occurrences that are not within control of Nirvana Labs (including but not limited to natural disasters or third-party services interruptions), that is not deemed as downtime. Nirvana Lab's ultimate goal is to maintain an uptime of 99.9%, this means that the expected downtime shall not be more than 131 minutes of downtime in a quarter.

2.3 Scheduled Maintenance

Scheduled Maintenance downtime does not count towards downtime minutes. It is possible that during this maintenance period one or more Service features are temporarily completely or partially out of use and are therefore not available to the Customer. A scheduled maintenance message will contain the following information: (i) Timeframe in which scheduled maintenance will take place; (ii) Expected duration of scheduled maintenance; (iii) Service Features on which scheduled maintenance will be of influence. Scheduled maintenance is excluded from the availability calculations unless the period for the scheduled maintenance is exceeded and the service is therefore not available to the customer.

2.4 Emergency Maintenance

Emergency maintenance may be required when conditions require immediate intervention. In such a situation, the customer is informed as soon as possible by e-mail to the registered e-mail address. Unavailability during emergency maintenance is included in the availability calculation.

3. Customer Support

3.1 Standard Customer Support

3.2 Scope of Customer Support

Nirvana Labs will provide the Customer with the onboarding and technical support services for Service Features. Customer support does not include code development or the debugging of Customer's software. For security reasons, only Customer's Users may submit Claims to Nirvana Labs.

3.3 Resolved Claims

Following Nirvana Lab's initial response to a Claim, Nirvana Labs will work with Customer to identify and resolve any and all Issues. Nirvana Labs will consider a Claim to be resolved if: (a) Customer agrees that the Issue is resolved; (b) The source of the Issue lies with a third party, in which case, Nirvana Labs will continue to assist Customer and act as a resource to Customer while Customer works with the third party to resolve such Issue; or (c) Customer does not respond to a query or request from Nirvana Labs regarding an Issue after two (2) consecutive business days. Notwithstanding the foregoing, with respect to Section (c) above, Nirvana Labs at it's own discretion have a right to reopen the Issue if Customer contacts Nirvana Labs up to 7 calendar days after the Issue was deemed closed by Nirvana Labs to report that the Issue has not yet been resolved.

4. Exclusions

Excluded from the Uptime Calculation are Service Feature failures resulting from (i) Customer's acts, omissions, or misuse of the applicable Nirvana Labs Service including violations of the Agreement; (ii) failure of Customer's internet connectivity; (iii) factors outside Nirvana's reasonable control, including force majeure events; (iv) Customer's equipment, services, or other technology; or (v) scheduled maintenance unless the period for the scheduled maintenance is exceeded and the service is therefore not available to Customer.

5. Service Credits Redemption

5.1 Claim Procedure

In order to receive any of the Service Credits described above, the Customer must (i) notify Nirvana Lab's technical support team by email at support@nirvanalabs.io within thirty (30) days from the time on which the Customer becomes eligible to receive Service Credits; and (ii) submit to Nirvana Labs' technical support team all information necessary for Nirvana Labs to validate the Customer's claim, including but not limited to: (a) a detailed description of the Downtime incident; (b) information regarding the time and duration of the Downtime incident. Failure to comply with these requirements will forfeit such Customer's right to receive Service Credits. In addition, the Customer must be in compliance with the Terms of Use and the Order in order to be eligible for a Service Credit.

5.2 Maximum Credits and No Cash Refunds

Service Credits may take the form of a refund or credit to Customer's account, cannot be exchanged into a cash amount, are limited to a maximum of ninety (90) days of paid service per calendar quarter, require Customer to have paid any outstanding invoices, and expire upon termination of Customer's agreement with Nirvana Labs.

6. Limitations

6.1 Redemption Limitation

Customer will not be eligible to redeem any Service Credits if Customer is in breach under any provisions of the Nirvana Terms of Service at the time the Service Feature failure occurred and will not be entitled to any Service Credit if Customer is in breach under any provisions of the Nirvana Terms of Service at the time such Service Credit is requested by Customer until such breach is cured.

6.2 Exclusive Remedy

THIS SLA PROVIDES THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY NIRVANA SERVICE INTERRUPTIONS, DEFICIENCIES, OR FAILURES OF ANY KIND. TO CLARIFY, SUCH SOLE AND EXCLUSIVE REMEDIES SHALL NOT APPLY TO BREACHES OF UNRELATED OBLIGATIONS UNDER THE NIRVANA TERMS OF SERVICE SUCH AS INFRINGEMENT, CONFIDENTIALITY, INTELLECTUAL PROPERTY RIGHTS, ETC.

6.3 No Damages

FOR PURPOSES OF THIS CLAUSE, "LOSS" SHALL MEAN ANY LOSS, LIABILITY, CLAIM, DAMAGE, ACTION, FINE, PENALTY, COST OR EXPENSE (INCLUDING REASONABLE LEGAL FEES AND EXPENSES). NOTWITHSTANDING ANY OTHER PROVISION OF THIS SLA, IN NO EVENT SHALL NIRVANA LABS BE LIABLE TO THE CUSTOMER FOR LOST PROFIT, LOST REVENUE OR ANY OTHER FORM OF DIRECT OR INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR PUNITIVE LOSSES DUE TO SERVICE INTERRUPTIONS, DEFICIENCIES, OR FAILURES OF ANY KIND.

7. Changes

Nirvana Labs reserves the right, as reasonably necessary or convenient for Nirvana Lab's own purposes, to: (a) improve the quality of service to the Customer; (b) change rules of operation, identification procedures, policies, types of equipment utilized by Nirvana Labs at its cloud infrastructure, system interfaces, and operating and other system and network software and utilities upon fourteen (14) days' advance notice to the Customer; and (c) implement enhancements or updates to the Nirvana Labs Service.

Nirvana Labs may amend the terms of this SLA from time to time without prior notice. It is the Customer's obligation to revisit the terms of this SLA during the Subscription Period.