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LEGAL

Service Level Agreement

1. GENERAL TERMS

1.1 – This Idura Service Level Agreement ("SLA") governs the use of all Services provided by Idura under the Agreement pursuant to the terms of the Idura Terms of Service ("TOS") between Idura and any user (“You(r)” or “Customer") of the Idura Verify Authentication Runtime.

1.2 – To the extent you have more than one Idura account, this SLA applies to each Idura account individually. Except as otherwise set forth in this SLA, this SLA is subject to the terms of the TOS and any agreement entered into between the parties. Capitalised terms not otherwise defined herein shall have the meaning ascribed to them in the TOS and/or the main agreement. Idura reserves the right to change the terms of this SLA in accordance with the TOS.

1.3 –  Idura will deliver its Services in accordance with the service levels set out in this appendix.

2. DEFINITIONS AND INTERPRETATION

2.1 – In this SLA, unless the context otherwise requires, the following terms shall have the meanings set out below:

2.1.1 – "Monthly Uptime Percentage" means one hundred percent (100%) minus the percentage of Unavailable Time for the applicable calendar month.

2.1.2 – "Service Credit" means a monetary credit equal to ten percent (10%) of the Customer's usage fees for the Idura Verify Authentication Runtime in the calendar month in which the Unavailable Time occurred, to be credited to an eligible Idura account in accordance with Section 5, subject to the limitations set out in Section 5.3.

2.1.3 – "Unavailable Time" means any period during which the Idura Verify Authentication Runtime is not available for use by the Customer, as measured in continuous five (5) minute increments. For the avoidance of doubt, Unavailable Time shall not include any period of unavailability resulting from an Exclusion.

2.1.4 – "Customer Application(s)" means any software application or service developed, operated or maintained by or on behalf of the Customer that interfaces with or utilises Idura’s Services.

2.1.5 – "Exclusion" means any of the circumstances set out in Section 6.1.

2.1.6 – "Monitoring Service" means the third-party performance and monitoring services contracted by Idura to measure the availability of the Idura Verify Authentication Runtime.

3. SERVICE LEVELS

3.1 – Service Level Target: Monthly Uptime Percentage of at least 99.5%.

3.2 – Service Credit: Ten percent (10%) of monthly usage fees, payable in accordance with Section 5 where the Monthly Uptime Percentage falls below 99.5%, subject to the cap set out in Section 5.3.

3.3  – Where the Customer has purchased an Idura Enterprise SLA, Idura shall make the Idura Verify Authentication Runtime available 99.9% of the time each calendar month, and all references to a 99.5% Monthly Uptime Percentage in this SLA shall be construed as references to a 99.9% Monthly Uptime Percentage. Upon termination or expiry of the Idura Enterprise SLA subscription, the Monthly Uptime Percentage shall revert to 99.5%.

4. SERVICE COMMITMENT

4.1 – Idura will make the Idura Verify Authentication Runtime available 99.5% of the time each month. If Idura's Monthly Uptime Percentage is below 99.5% in a given calendar month, then you will be eligible to receive a Service Credit as described in Section 5 below. Availability of the Idura Verify Authentication Runtime shall be measured by the Monitoring Service.

4.2 – Reports of availability from the Monitoring Service are available at https://status.idura.eu (or such other URL as Idura may notify to the Customer from time to time). Idura may adjust the measure of availability to account for any Exclusions applicable to such period.

5. CREDIT REQUEST AND PAYMENT PROCEDURES

5.1 – To receive a Service Credit, you must submit a request to Idura in accordance with this Section 5. The Customer must submit a claim to Idura Customer Support within thirty (30) days from the date on which the Customer becomes eligible to receive the applicable Service Credit. Each claim must include:

        1. the words "SLA Claim" in the subject line of the support ticket;
        2. the dates and times of the Unavailable Time in respect of which the Service Credit is claimed; and
        3. any supporting documentation evidencing the applicable outage.

5.2 – Each Service Credit shall be applied to future amounts payable by the Customer in connection with the applicable Idura product. Service Credits shall not be redeemable for cash or refunds. Service Credits are non-transferable and may not be applied to any other Idura account.

5.3 – Service Credits for any calendar month shall not exceed twenty-five percent (25%) of the Customer's total usage fees for the Idura Verify Authentication Runtime in that calendar month. In no event shall the aggregate Service Credits payable to the Customer in any twelve (12) month period exceed fifty percent (50%) of the total fees paid by the Customer for the Idura Verify Authentication Runtime during the applicable Subscription Period.

6. EXCLUSIONS

6.1 – Notwithstanding any other provision of this SLA, no Unavailable Time shall be deemed to have occurred in respect of any unavailability of the Idura Verify Authentication Runtime or any other Idura Verify Authentication Runtime performance issues, that:

      1. are caused by factors outside of Idura's reasonable control, including any Force Majeure event, identity provider-related problems or issues, or Internet access or related problems occurring beyond the point in the network where Idura maintains access and control over the Idura Services;
      2. result from any act or omission of the Customer or any third party (other than Idura's agents and subcontractors);
      3. result from any Customer Application(s) or Customer Content, equipment, software or other technology and/or third party equipment, software or other technology (except for equipment within Idura's direct control);
      4. occur during scheduled maintenance, provided that Idura has given the Customer at least twenty-four (24) hours' prior notice of such maintenance; or
      5. relate to alpha, beta, or other features or products not generally available

(each of the foregoing, an "Exclusion").

7. LIMITATION OF REMEDIES

7.1 – The Service Credits described in this SLA constitute the Customer's sole and exclusive remedy, and Idura's entire liability, for any failure by Idura to meet the Monthly Uptime Percentage.