Customer Agreement

Last updated: August 31, 2022

Terms and Conditions

Exhibit B

SLA

Availability Commitment.

The eqtble Product will be Available 99.5% of the time, measuredly on a calendar monthly basis (the “Availability Commitment”). “Availability” means that the eqtble Product is available to analyze Customer Data and provide insights via access to its dashboard. Availability measures will not include downtime resulting from:

· Updates: Customer will receive prior notice by email or through the eqtble Product of eqtble’s upgrade windows for all Updates (excluding Major Releases), which will be scheduled between 5pm and midnight Eastern Time to the extent feasible. Downtime due to Updates will not exceed 2 hours per month.

· Pre-scheduled maintenance periods: Customer will receive at least 24 hours prior notification by email of pre-scheduled maintenance periods. Maintenance shall be scheduled between 5pm and midnight Pacific Time . Downtime due to pre-scheduled maintenance will not exceed 2 hours per month.

· Emergency maintenance periods: Customer will receive prior notification by email on a commercially reasonable efforts basis. These maintenance periods will involve applying critical security patches and other emergency repairs to the eqtble infrastructure.

The Availability Commitment does not apply to any downtime of the eqtble Product that results from:

· Account suspension or termination due to Customer’s breach of the Agreement;

· Disengagement of functionality of the eqtble Product due to Customer’s request;

· Force Majeure Events; or

· Customer’s or its service provider’s equipment, software or other technology.

eqtble will provide Customer with reports on Availability upon request.

Credit.

If eqtble fails to achieve the above Availability for the eqtble Product in any given month, Customer may claim a credit for such month ("Availability Credit"). The Availability Credit is calculated based on the percentage Availability per month as set forth on the table below, multiplied by the annual subscription fee for the eqtble Product paid by Customer, divided by twelve (12).

PERCENTAGE AVAILABILITY PER MONTH

CREDIT

99.5-100.0

0%

97.0-99.49

4%

94.0-96.99

6%

92.0-93.99

10%

Below 92.0

50%

Customer will not be entitled to a credit if it is in breach of this Agreement, including its payment obligations. To receive a credit, a Customer must file a claim for such credit within five (5) days following the end of the month in which the Availability Commitment was not met by contacting eqtble at support@eqtble.com with a complete description of the downtime, how Customer was adversely affected, and for how long.

The credit remedy set forth in this Service Level Agreement is Customer’s sole and exclusive remedy for the unavailability of the eqtble Product.

Customer Support.

Eqtble will offer standard technical support to Customer during eqtble's business hours as described in this section.

eqtble live technical support business hours will start at 9:00 am Eastern Time and run until 5:00 pm Eastern Time on weekdays. Technical support can be contacted via email at support@eqtble.com or via shared channels in the customer communication platform.

Communication Channels:

EMAIL

COMMUNICATION TOOL

support@eqtble.com

Shared eqtble Skype

Teams

Slack channel

Other methods of which eqtble informs Customer

Live technical support will not be available on Christmas Day (December 25) and New Year’s Day (January 1). Limited technical support will be available during the hours listed above during eqtble holidays. The current eqtble holidays are set forth below:

· Presidents Day (third Monday of February)

· Memorial Day (last Monday of May)

· Independence Day (July 4)

· Labor Day (first Monday of September)

· Thanksgiving Day (fourth Thursday in November)

· Christmas Eve (December 24)

· New Year’s Eve (December 31)