Service Level Agreement

This Service Level Agreement (SLA) outlines the commitments between LINKER FINANCE (referred to as “Linker Finance”, “us”, “we”, or the “Company”) and users of the Linker Finance Subscription Services (referred to as the "Client") regarding the use of the Linker Finance Services as outlined in the LINKER FINANCE Terms of Use (the “Terms”). This Support Services and Service Level Agreement sets forth the Support Services to be provided by Company during anyapplicable Service Period pursuant to an Order and defines the service level requirements for the Service Platform.

The following terms and conditions apply unless otherwise stated:
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1. Linker Finance Service Commitment: 99% Uptime.
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Linker Finance is committed to ensuring that your LINKER FINANCE Critical Services are available with a Monthly Uptime Percentage of at least 99% during any monthly billing cycle. We will use commercially reasonable efforts to ensure that your Dedicated Environments are running smoothly, subject to the SLA Exclusions.

2. Definitions
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The following terms shall have the meanings assigned to them:
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• “Availability” is the percentage resulting from the following calculation: (1-(Down Time/Total Time)) x 100.
• “Down Time” means the number of minutes the Service Platform is not Operational during a calendar month.
• “Maintenance” refers to the scheduled unavailability of the LINKER FINANCE Services as announced by us prior to any Services becoming Unavailable.
• “Monthly Fee” means the monthly Subscription Fees paid by Client to Company pursuant to the Agreement.
• “Monthly Uptime Percentage” refers to the percentage of minutes during the month in which the LINKER FINANCE Critical Services were available. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion. Maximum uptime is based on a 24-hour day and a 30-day month, yielding a monthly max uptime of 43,200 minutes per month.
• “Operational” means the Service Platform or any component thereof is (i) functional and available to its intended end user in accordance with the Documentation, and (ii) not experiencing any Critical Issues.
• “Response” refers to the initial acknowledgment of a customer's inquiry.
• “Unavailable” and “Unavailability” refer to the situation where the app services and databases are not running or not reachable due to Linker Finance’s fault. This excludes members of a database cluster where the cluster as a whole is running and reachable; and databases dedicated to LINKER FINANCE customer reports.

3. Response and Resolution
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Linker Finance shall determine, acting reasonably, into which severity category an issue falls. The Company shall use commercially reasonable effort to respond to and resolve issues raised through Support Services promptly, and in any case in accordance with the guidelines below.

4. Support Services
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The Company shall make available to Client a helpdesk that is accessible by telephone, instant messaging and by email or a web-based ticketing platform, and is operational and adequately staffed during business hours during the Term, for the purpose of requesting and, where applicable, receiving Support Services. The Company shall make available a 24/7 telephone hotline to support any Critical and Serious issue. The Client must not use the helpdesk for any other purpose and must only use the 24/7 telephone hotline for Critical and Serious issues.

Business Hours 8:00 a.m. - 5:00 p.m. Pacific Time (Monday - Friday)
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‍5. SLA Exclusions

‍The Service Commitment does not apply to any Unavailability that results from:

• Factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Linker Finance network.
• Any actions or inactions of the Client or any third party (e.g., BaaS provider, Data Aggregator provider, etc.).
• The equipment, software, or other technology of the Client or any third party (other than third party equipment within our direct control).
• Failures of Linker Finance Services not attributable to Unavailability.
• Any Maintenance.