SOLIXCloud ECS Service Level Agreement

This SOLIXCloud ECS Service Level Agreement (“SLA”) is a policy governing the use of SOLIXCloud ECS (“ECS”). In the event of a conflict between the terms of this SLA and the terms of the customer agreements or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict.

Service Commitment

Solix will use commercially reasonable efforts to make SOLIXCloud ECS available with a Monthly Uptime Percentage of at least 99%, during any monthly billing cycle (the “Service Commitment”). In the event that SOLIXCloud ECS does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for ECS in the affected monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

We will apply any Service Credits only against future SOLIXCloud ECS otherwise due from you. Service Credits will not entitle you to any refund or other payment from Solix. 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 Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failures by us to provide ECS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by sending an email to ecs@solix.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

• 1. the words “SLA Credit Request” in the subject line;
• the dates, times of each lack of Availability incident that you are claiming;
• the affected SOLIXCloud ECS account (Tenant ID)
• the billing cycle with respect to which you are claiming Service Credits;
• your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks)

If the Monthly Uptime Percentage of such a request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Exclusions

This SLA and any applicable Service Levels do not apply to any performance or availability issues caused by the following:

• 1. Due to factors outside of Solix or its affiliates reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to Microsoft data centers, including Customer’s site or between Customer’s site and Microsoft’s data center);
• 2. That result from the use of services, hardware, or software not provided by Solix, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
• 3. Caused by Customer’s use of a Service after Solix advised Customer to modify its use of the Service if customer did not modify its use as advised;
• 4. During or with respect to preview, pre-release, beta or trial versions of a Service, feature or software;
• 5. That result from Customer’s unauthorized action or lack of action when required, or from Customer’s employees, agents, contractors, or vendors, or anyone gaining access to the Services by means of Customers passwords or equipment, or otherwise resulting from Customer’s failure to follow appropriate security practices;
• 6. That result from Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported);
• 7. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
• 8. Intermittent periods of Downtime that are ten minutes or less in duration;
• 9. Due to your use of Service features that are outside of associated Support Windows; or
• 10. That results from a Scheduled downtime or downtime for rebuilding the system from backups.

Scheduled/Planned Maintenance

On occasion, we need to execute changes in our data center(s) or to specific services. While we never anticipate adverse user impact or downtime from these activities, we want to be transparent that this is taking place. Throughout the maintenance window and immediately afterward, we closely monitor the status of the SOLIXCloud ECS Services. We share updates on the maintenance as well as any changes in the status of our service(s) via the SOLIXCloud ECS Status notifications on the SOLIXCloud ECS website or App.