Annex B

Support Policy

This Annex B – Support Policy, governs the provision of Support Services for the Binalyze Platform and Binalyze Software offered under the applicable Quote and the underlying General Terms and further Services Terms (hereinafter “Agreement”). All capitalized terms used but not otherwise defined herein have the meanings given to them in the Agreement.

1. Definitions

• “Support Services” means the support services contracted by Customer from Company in accordance with the Agreement and the applicable Quote.
• “Designated Contact(s)” means the individual(s) within Customer’s organization assigned in accordance with Section 2.2 of this Annex B.
• “Incident(s)” means those issues relating to the Software that are covered under this Support Policy, as specifically set forth herein below.
• “Response Time(s)” means the amount of time within which Company’s support team commits to respond to Service Requests (as set forth in Section 2.7 of this Annex B).
• “Service Request” means a Customer request as set forth in Section 2.4 of this Annex B for assistance from Company with respect to an Incident.
• “Support Hours” means the applicable Support Hours. This is Mon-Fri 9:00am – 6:00pm GMT+3, excluding public holidays.
• “Business Days” means all days except Saturdays and Sundays.

2. Contracted Support Coverage

2.1 Duration

Company shall provide Support Services for the Subscription Period specified in the respective Quote.

2.2 Appointment of Designated Contacts

To receive Support Services, Customer shall (i) appoint at least one Designated Contact (ii) ensure that all Designated Contacts are sufficiently trained on the Binalyze Platform/Binalyze Software and (iii) notify Company in written form (email sufficient) of the names and contact details of the Designated Contacts.

2.3 Scope of Support Service

The Support Services cover Binalyze Platform/Binalyze Software as follows:

• (a) Access to and use of the Support Portal, including a self-service knowledge base and the ability to submit Service Requests for Designated Contacts;
• (b) The processing of Service Requests during Support Hours;
• (c) Unlimited number of Incidents; and
• (d) Response Times for Incidents as defined in the Response Times table below.

2.4 Support Plans

Company offers the following Support Plans: Essentials Plan and Signature Plan with different Response Times as defined below. The Parties will agree upon the applicable Support Plan in the Quote.

2.5 Submission of Service Requests

• (a) Customer shall submit all Service Requests via email to [email protected].
• (b) Customer shall ensure that the the Incident is covered by Support Services under this Annex B.
• (c) Customer shall use reasonable efforts to fix any error, bug, malfunction or network connectivity defect before submitting a Service Request to Company.
• (d) Customer may suggest a Priority level according to Section “Priority Definitions” upon submission of Service Requests. Company reserves the right to check and in its sole discretion change Customer’s Priority suggestion if Company believes that Customer’s suggestion is incorrect and will inform Customer of any such change in its response to the Service Request. Customer may appeal any such reclassification to Company’s support management for review through any available support channel. To successfully challenge a classification by Company, Customer needs to provide proof in accordance with the Priority level definition that Company’s Priority designation was incorrect.
• (e) Customer shall provide all requested diagnostic and technical information and assist Company as may be reasonably required to resolve a Service Request.
• (f) Company may respond to a Service Request by acknowledging receipt of the request. Customer acknowledges and understands that Company may be unable to provide answers to, or resolve all Service Requests.
• (g) Company does not demand or require Personal Data for resolving Service Requests, other than the email address of the individual who submitted the Service Request for communication purposes. When uploading evidence or information related to an issue in the form of e.g., log files or screenshots/screen captures. Customer shall ensure that (1) all Personal Data has been anonymized or masked before being uploaded into the support ticket; or (2) if masking or anonymizing the Personal Data is technically impossible, the respective Individual has consented to the processing of the related Personal Data or Customer has another legal basis according to Applicable Data Protection Law.

2.6 Priority Definitions

• (a) “Priority 1 – High Severity” means an Incident that renders Binalyze Software inoperative or causes the Binalyze Platform/Binalyze Software to fail catastrophically.
• (b) “Priority 2 – Medium Severity” means an Incident that substantially degrades the performance of the Binalyze Platform/Binalyze Software or materially restricts Customer’s use of the Binalyze Platform/Binalyze Software.
• (c) “Priority 3 – Low Severity” means an Incident that causes only a minor impact on the performance of Binalyze Software or Customer’s use of the Binalyze Platform/Binalyze Software.
• (d) “Priority 4- Request for Information” includes minor, cosmetic, or documentation-related issues, and enhancement requests that are not time-sensitive. There is no impact on the Binalyze Platform/Binalyze Software existing features, functionality, performance or stability.

2.7 Response Times

Company shall use commercially reasonable efforts to answer to Customer’s Service Requests as set forth below. The Priority Level shall be indicated by Company for each Service Request. Company may reclassify the Priority Level at its sole discretion. Response Times are defined as follows:

*Response Times begin when Customer has submitted a Service Request in accordance with Section “Submission of Service Requests”.

2.8 Support Services Exclusions

The following cases are not covered by the Support Services:

• (a) Support Requests in a period in which Customer has not fully paid all fees due to Company;
• (b) Maintenance and support of the system environment, including, but not limited to, mobile hardware and third-party applications used by Customer in connection with the Binalyze Platform/Binalyze Software;
• (c) Training and setup of Binalyze Platform/Binalyze Software;
• (d) Identification of errors caused by force majeure, environmental conditions, defective mobile hardware or errors caused by Customer, its affiliates or third parties, in particular due to incorrect or incomplete system or data entries or interventions in the program code by employees or contractors of Customer and/or its Affiliates;
• (e) IT architectural guidance and consulting on how to integrate Binalyze Platform/Binalyze Software into Customer’s specific use case; and

3. Service Level Agreement (SLA)

During the Term of a Subscription booked by Customer, Company commits to the Monthly Uptime Percentage in regards to the Binalyze Platform as defined below (“Service Level”).

3.1 Definitions

• “Downtime” is the total accumulated minutes in a calendar month during which the Binalyze Platform is unavailable. Downtime does not include (i) events set forth in Section “Events beyond Company’s Control”; (ii) Downtimes during Maintenance Windows as defined in the following; and, (iii) Downtimes of less than 1 (one) minute per hour. The point of delivery relevant for the calculation of Downtimes is the interface between the servers on which the Binalyze Platform is hosted and the internet.
• “Maintenance Windows” are periods of time during which Company performs maintenance works that cause unavailability of the Binalyze Platform. Company will reasonable efforts to notify Customer of maintenance works at least 3 days in advance in textual form. Company will use reasonable efforts to conduct maintenance with minimum level of impact for Customer, leveraging the technical capabilities of the software and the redundancy of the underlying hardware (for example rolling restarts of the services without interruption of user sessions) Company will use reasonable efforts to minimize the required maintenance time.
• “Monthly Uptime Percentage” means the total number of minutes in a calendar month, minus the number of minutes of Downtime in such month, the result of which being divided by the total number of minutes in such month, multiplied by 100.

3.2 Service Level

Company warrants a Monthly Uptime Percentage of 99.5% for the Binalyze Platform to be provided under the applicable Quote. The Service Level will be calculated separately for each Subscription.

3.3 Events beyond Company’s Control

The following events are beyond the reasonable control of Company and are not considered for determining the Service Level. Such events are not included as Downtimes in the calculation of the Monthly Uptime Percentage:

• (a) Events in public cable networks, computer networks or the Internet that occur outside the sphere of influence of Company and temporarily or permanently impair or even exclude the use of the Binalyze Platform and for which Company is not responsible;
• (b) Events beyond the control of Company in which the availability of the servers of Company or its subcontractors is impaired or even excluded due to technical or other problems (including but not limited to force majeure, fault of third parties including DDoS attacks, network intrusions, denial of service attacks etc.) for which Company is not responsible, taking into account customary market standards;
• (c) Suspension of access to or provision of the Binalyze Platform in exercise of Company’s rights in accordance with the Agreement in the event of a breach of Customer’s obligations;
• (d) Events resulting from the use of services, hardware, or software provided by a third party and not within the control of Company, including issues resulting from inadequate bandwidth;
• (e) Events resulting from Customer’s failure to use the Binalyze Platform with acceptable implementation and configuration values as recommended by Company;
• (f) Events resulting from Customer’s unlawful or contract-violating action or lack of action when required, including those of Customer’s users or by means of Customer’s passwords;
• (g) Unavailability due in whole or in part to any of the following: Failure by Customer to take any remedial action in relation to the Binalyze Platform as contractually agreed or reasonably required by Company, or otherwise preventing Company from doing so or Customer’s failure to provide information reasonably and lawfully required by Company in order to provide the Binalyze Platform.