This LeanXcale CLOUD SERVICE Level Agreement (hereinafter, the“SLA”) is an agreement governing the support services and maintenance for the LeanXcale CLOUD SERVICE (hereinafter, “CLOUD SERVICE”) under the terms of use of the CLOUD SERVICE (the “TERMS”) and applies separately to each account using LeanXcale (hereinafter, “LEANXCALE”).

This SLA is subject to the TERMS. LEANXCALE reserves the right to modify the terms and conditions of this SLA from time to time, without notification. You may review the most current SLA at https://leanxcale.com/cloud-sla.

You acknowledge and agree that this SLA applies solely to the CLOUD SERVICE and shall not apply in connection to any other service or product offered by LEANXCALE. Capitalized terms not defined hereunder shall have the meaning ascribed to them in the LeanXcale CLOUD SERVICE User Agreement (hereinafter, the “AGREEMENT”).

1.1. “APPLICABILITY TERMS” are the terms required for this SLA to be in effect, which shall require that the CLOUD SERVICE have created a high availability family cluster with the prefix HA.

1.2. “CUSTOMER REQUESTS” are CUSTOMER-initiated actions supported by LEANXCALE with respect to the CLOUD SERVICE. It is hereby clarified that CUSTOMER REQUESTS shall not include actions outside the scope of the CLOUD SERVICE, or which relate to other products or service provided by LEANXCALE.

1.3. “DOCUMENTATION” means the last available version (on http://docs.leanxcale.com) of manuals, specifications, configuration requirements and/or LEANXCALE written instructions with respect to the access and/or use of the CLOUD SERVICE.

1.4. “DOWNTIME” is the total accumulated minutes during a calendar month for a given CLOUD SERVICE during which the entire CLOUD SERVICE is unavailable. A minute is considered unavailable for a given CLOUD SERVICE if all continuous attempts by CUSTOMER. (as this term is defined in LeanXcale Cloud Services User Agreement) to establish a connection to the CLOUD SERVICE within the minute fail. It is hereby clarified that DOWNTIME does not include scheduled DOWNTIME for maintenance or upgrades or as otherwise excluded from this SLA. Unavailability of less time than a minute will of unavailability will not be counted towards DOWNTIME. A cluster is considered available as long as at least one replica of each information element is available.

1.5. “SERVICE FEES” means the total fees actually paid by CUSTOMER to LEANXCALE for the CLOUD SERVICE that are applied to the month in which there was a DOWNTIME incident(s).

1.6. “MONTHLY UPTIME PERCENTAGE” for a given CLOUD SERVICE, as set forth in the TERMS, is calculated as the total number of minutes during a given month less DOWNTIME divided by the total number of minutes during that month(measured period). If you have been using the CLOUD SERVICE for only part of the month, then the CLOUD SERVICE is assumed to be 100% available for the portion of the month that it was not used.

1.7. “SERVICE CREDIT” is calculated as a percentage of the SERVICE FEES paid by CUSTOMER to LEANXCALE for the billing cycle in which the MONTHLY UPTIME PERCENTAGE for a given CLOUD SERVICE fell within the ranges set forth in the table under Section 2 (Service Commitment).

2.1. LEANXCALE will use commercially reasonable efforts to make CLOUD SERVICE available with a MONTHLY UPTIME PERCENTAGE of at least 99.9% during any monthly billing cycle. In the event CLOUD SERVICE does not meet the MONTHLY UPTIME PERCENTAGE commitment, you will be eligible to receive a SERVICE CREDIT as described below.

2.2. SERVICE CREDIT is calculated as a percentage of the SERVICE FEES that did not meet the MONTHLY UPTIME PERCENTAGE commitment in a billing cycle in accordance with the schedule below:

2.3. We will apply any SERVICE CREDIT only against future CLOUD SERVICE payments otherwise due from You. SERVICE CREDIT will not entitle you to any refund or other payment from LeanXcale. A SERVICE CREDIT will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). SERVICE CREDIT may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide CLOUD SERVICE is the receipt of a SERVICE CREDIT (if eligible) in accordance with the TERMS.

3.1. This SLA shall be effective subject to the full payment of all required fees for the CLOUD SERVICE and/or any other payments required under this SLA or TERMS.

3.2. Furthermore, and without derogating the foregoing, it is hereby clarified that this SLA shall only be in force if the APPLICABILITY TERMS have been met. Failure to achieve the APPLICABILITY TERMS shall mean that this SLA is not in force, in its entirety, and LEANXCALE shall not be required to fulfill any of the TERMS and conditions hereunder.

4.1. To receive SERVICE CREDIT, CUSTOMER will need to submit a claim by notifying LEANXCALE by email to the email address support@leanxcale.com. To be eligible for SERVICE CREDIT, the credit request must be received by LeanXcale within 24 hours from the time the incident occurred and must include the following information: CUSTOMER Request logs that document and detail the DOWNTIME which occurred, including:

• UserID;

• PURCHASE ORDER ID;

• Date;

• Duration;

• Type of error;

• Any logs deemed necessary information (in case of any proprietary information within, then such proprietary information shall be redacted).

4.2. LEANXCALE will evaluate all credit request information reasonably as provided and available to it and make a good faith determination at LEANXCALE’s sole discretion of whether the CUSTOMER’s SERVICE CREDIT request is valid. In case we determine that we owe you a SERVICE CREDIT, the SERVICE CREDIT will be a credit against a future invoice for CLOUD SERVICE. SERVICE CREDIT will not entitle you to any refund or other payment from LEANXCALE.

5.1. The SLA shall not apply in the case that any DOWNTIME or error is caused as a result of:

• Actions or omissions of CUSTOMER or any third party acting on CUSTOMER’s behalf;

• use of services or software provided by a third party, including errors resulting from an inadequate internet connection or bandwidth or related to third-party software or services;

• due to CUSTOMER’s attempts to use the CLOUD SERVICE in a way that exceeds CUSTOMER’s allocated capacity as set forth in the PURCHASE ORDER;

• or which is caused due to CLOUD SERVICE actions in response to suspected misuse or malicious actions;

• due to a force majeure or causes outside of LEANXCALE control including, among others, war, acts of terrorism, natural disaster, riots, pandemic crisis, government action, AWS or GCP infrastructure or a network or device failure;

• CUSTOMER’s use of the CLOUD SERVICE not in accordance with LEANXCALE written instructions or DOCUMENTATION;

• due to any maintenance as provided to notified by LEANXCALE 24 hours in advance by email;

• caused by CUSTOMER’s faulty commands, input or instructions;

• caused by CUSTOMER’s misuse of the CLOUD SERVICE or any unauthorized action or lack of action when required, or any such action or omission by its employees, agents or anyone gaining access to LeanXcale network by means of CUSTOMER’s passwords or network, or otherwise caused by CUSTOMER’s failure to adhere to appropriate security protocols;

• use of unsupported codes, configuration or versions; or

• due to CUSTOMER’s lack of payment.