TRACIFY SERVICE LEVEL AGREEMENT (SLA)

This Service Level Agreement (SLA) defines the support and the availability of the Tracify Software.‍

I. Support

1. Support includes assistance and advice to the Customer in solving problems with the use of the Software, including the examination, diagnosis and correction of significant defects and errors in the Software and the provision of bug fixes, corrections, modifications, changes, extensions, upgrades and new versions of the Software (Updates) to ensure the functionality of the Software.
2. Support does not extend to problems and/or damages to the Software to the extent that such problems or damages are caused by (I) negligence, misuse or improper operation on the part of the Customer; (II) operation, use of the Software not in accordance with the documentation or failure to comply with the specifications or limitations provided by the Contractor; (III) modifications to the Software not performed or approved by the Contractor; (IV) acts of third parties; (V) products of third parties; and/or (VI) force majeure.
3. For each request/report, the Contractor will, at its sole discretion, prioritize in accordance with the criteria defined below. The Contractor may combine redundant requests/reports by the Customer relating to the same topic into one request/report.
4. Support shall be available as defined below under the contact data provided. “Business Day” refers to Monday to Friday, except on public holidays at the headquarters of the Contractor.
   Availability: On Business Days 10 – 17 (CET)
   E-Mail: support@tracify.ai
   Languages: German and English
5. The Contractor shall react to any support requests/reports within the response times defined below. The response time is the time between the first request/report by the Customer (by telephone or electronically) and the first feedback (by telephone or electronically) from the Contractor. Only time intervals during the availability times are relevant for the response time.

Priority 1 (Show Stopper)

• The Software is not available at all and the customer’s business is severely affected.
• Response time: 3 hours

Priority 2 (Critical)

• Functionality of the software not as described and thus significant impairment of the use of the software as a whole.
• Response time: 8 hours

Priority 3 (Major)

• Functionality of the software not as described, other use of the software is not or only insignificantly impaired.
• Response time: 48 hours

Priority 4 (Minor)

• Functionality of the software not affected, general question.
• Response time: 1 week

6. The Contractor attaches the highest importance to fixing bugs as quickly as possible, but it is not possible to generally define specific resolution times in advance, as bugs can have various types and causes. The Contractor will make every effort to fix bugs and malfunctions as quickly as possible and will regularly inform the Customer about the progress of the bug fix.
7. The Customer grants the Contractor the right to access its account of the Software and the data processed with the Software to fix bugs.
8. The Customer defines a support coordinator. Only the support coordinator will contact the Contractor with regard to support.

II. Availability of the Software

1. The Contractor shall make the Software available to the Customer with an availability of at least 99.5% of the respective calendar month (hereinafter “Minimum Availability”). In this context, the Software shall be available if there is an uninterrupted connection between the servers on which the Software is hosted and the transfer point to the Internet and if the Customer is able to log on and has access to the Software. The minimum availability does not apply to test and development servers.
2. The Contractor shall also provide the Customer with a plugin with which the data collected via the Software can be imported by the Customer into its Ads Managers. The availability and functionality of the plugin is dependent on external factors over which the Contractor has no influence, in particular with regard to the settings of the respective Ads Managers. The Contractor shall always use its best efforts to make the plugin available, but the availability of the plugin cannot be comprehensively guaranteed. The availability of the plugin has no influence on the availability of the Software and the collection of data via the Software.