This document covers aspects of Automata’s solution that operate as Cloud Services, this excludes issues related to Automata On-Premise Equipment, these are covered in a separate Hardware Service Level Agreement, or 3rd party equipment.

Definitions

• 3rd Party Equipment – covers any instrumentation or equipment purchased outside the LINQ Bench definition.

• Automata On-Premise Equipment – covers the components of LINQ Bench, specifically the SCARA Robotic arm, rail, transport layer, electronics within the bench including the hub, and bench frame itself.

• Cloud Services – are any elements of applications that run within Automata operated cloud services.

• Critical Defect – means any demonstrable defect in the cloud services that prevents the cloud services from being accessed by the customer.

• Defect – means a failure of the cloud services to perform substantially in accordance with intended function.

• Defect Resolution Request – the client’s request for the resolution of a defect.

• Diagnosis Time – the time needed to assess the content of a defect and to establish problem-solving approaches. The diagnosis time is measured from the confirmation of a defect resolution request until Automata indicates that a start has been made to resolve the defect.

• High Defect – means any demonstrable defect in the cloud services that causes essential functionality of the cloud services to be unavailable.

• Low Defect – means any demonstrable defect that causes a function to not execute without a significant loss of utility of intended functionality.

• Maintenance – means scheduled unavailability of the cloud services.

• Medium Defect – means any demonstrable defect in the cloud services that causes the application services to operate improperly, but which does not mean that essential functionality is unavailable.

• Monthly Uptime Percentage – is calculated by subtracting from 100% the percentage of minutes during the month in which the cloud service is unavailable. Monthly uptime percentage measurements exclude downtime resulting directly or indirectly from any Automata SLA exclusion, set forth in this document.

• Office Hours – from 09.00 – 00.30 UCT on working days.

• Resolution Time – the time between the diagnosis of a defect resolution request, the communication made by Automata that an update is available.

• Unavailable and Unavailability – means that the cloud services has no external connectivity during a ten (10) consecutive minute period and customer attempts but is unable to access data by means of the cloud services during that same time period. Under no circumstances will the cloud services be considered unavailable if test packets directed by Automata or its designee to the primary servers hosting the cloud services indicate that it is functional, as reflected in Automata server logs.

• Working Days – are from Monday to Friday, with the exception of local national public holidays.

Availability Commitment

Automata will make the cloud services available with a monthly uptime percentage of at least 99% during any monthly cycle starting from the 1st of the month and ending on the 1st of the next month (the “Availability Commitment”). A monthly uptime percentage of 99% means that customer experiences no more than 438 minutes per month of unavailability.

Diagnosis & Recovery Time Objectives

The diagnosis time and resolution time are applicable to defects if they are identified as such based on a defect resolution request. Diagnosis and resolution times are applicable exclusively during office hours of working days.

Defect Level	Diagnosis Time	Recovery Time
Critical Defect	<24 hrs	<24 hrs
High Defect	<48 hrs	<24 hrs
Medium Defect	<72 hrs	Best Effort
Low Defect	Best Effort	Best Effort

Cloud Service Policy Exclusions

The availability commitment does not apply to any unavailability or inaccessibility of the application services, or any other application services performance issues or defects:

• that result from maintenance of which Automata has provided a minimum seventy-two (72) hours’ notice to the designated administrative contact for customer account;

• caused by factors outside of Automata’s reasonable control including, but not limited to, a force majeure event, Internet access failure, or problems beyond the demarcation point of the Automata network;

• that result from any actions or inactions of customer or any third party not authorised by Automata;

• that result from the equipment, software, or other technology of the customer or any third party;

• that result from a fault with Automata on premises equipment, this is covered in a separate Hardware Service Level Agreement;

• arising from the suspension or termination of customer’s right to use the application services in accordance with the agreement.

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