SUPPORT AND MAINTENANCE SERVICES

Amendment since last version: Aligning the language to recent changes in the Definitions (Appendix 1) and in the Master Service Agreement.

1.      Definitions.

The capitalized terms used in this Appendix 2 shall have the meaning as set forth in the Definitions (Appendix 1) and the Master Service Agreement (collectively the “MSA“).

2.     Scope

Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.               support Customer with questions concerning the use of the Software in the process of development and in the operation of Applications;

ii.              make available new versions of the Software as outlined below; and

iii.             respond to Support Requests.

3.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.               If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.              The Error must be reproducible by BRYTER without using a special, adapted or extended version of the Software. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the Software, or any other issues of which Customer is aware of; and

iv.             Unless it is commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

4.     Excluded services

Support and Maintenance Services under the MSA do not include and/or apply to any of the following:

i.               Support and maintenance services on Customer’s infrastructure and/or premises;

ii.              Development of software programs that have other functions than those described in the applicable Documentation;

iii.             Programming services to integrate the Software with products of Customer or Third Parties;

iv.             Support and maintenance services in relation to Downtime resulting from outages, model changes, or any other type of inoperability of Third-Party Services or parts thereof;

v.              Support of adaptations and extensions of the Software programmed by Customer;

vi.             Introduction and training of Customer’s employees in the use of the Software;

vii.            Recommendation of action for the optimal use of the Software;

viii.           Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the Software contained in the applicable Documentation;

ix.             Developing use cases and/or Applications for Customer, or answering questions on these use cases and/or Applications architecture;

x.              Customized work already covered by a separate SOW;

xi.             Debugging Applications and/or Modules;

xii.            Answering questions about BRYTER’s roadmap;

xiii.           Any Software provided free of charge, including but not limited to access to the Sandbox;

xiv.           BRYTER Virtual Training Program, Guided Building and Professional Services;

xiv.           Any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or applicable Documentation or unauthorized modifications.

5.     Ticketing System and Service Availability

a.     Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

b.     BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for the Software.

Version: 6.0 (July 2024)

Amendment since last version: Renaming BRYTER Policy AI to BRYTER AI Agents due to rebranding of the product.

1.      Definitions.

The capitalized terms used in this Appendix shall have the meaning as set forth in the definitions to the MSA.

2.     Scope

Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.               support Customer with questions concerning the use of the Software in the process of development and in the operation of Applications;

ii.              make available new versions of the Software as outlined below; and

iii.             respond to Support Requests.

3.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.               If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.              The Error must be reproducible by BRYTER without using a special, adapted or extended version of the Software. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the Software, or any other issues of which Customer is aware of; and

iv.             Unless it is commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

4.     Excluded services

Support and Maintenance Services under this MSA do not include and/or apply to any of the following:

i.               Support and maintenance services on Customer’s infrastructure and/or premises;

ii.              Development of software programs that have other functions than those described in the applicable BRYTER Automation Platform Documentation and/or BRYTER AI Agents Documentation as applicable to the BRYTER Automation Platform and BRYTER AI Agents;

iii.             Programming services to integrate the Software with products of Customer or Third Parties;

iv.             Support and maintenance services in relation to Downtime resulting from outages, model changes, or any other type of inoperability of Third-Party Services or parts thereof;

v.              Support of adaptations and extensions of the Software programmed by Customer;

vi.             Introduction and training of Customer’s employees in the use of the Software;

vii.            Recommendation of action for the optimal use of the Software;

viii.           Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the Software contained in the applicable BRYTER Automation Platform Documentation and/or BRYTER AI Agents Documentation as applicable;

ix.             Developing use cases and/or Applications for Customer, or answering questions on these use cases and/or Applications architecture;

x.              Customized work already covered by a separate SOW;

xi.             Debugging Applications and/or Modules;

xii.            Answering questions about BRYTER’s roadmap;

xiii.           Any Software provided free of charge, including but not limited to access to the Sandbox.

xiv.           Any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or Documentation or unauthorized modifications;

5.     Ticketing System and Service Availability

a.     Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

b.     BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for its BRYTER Automation Platform and the BRYTER AI Agents.

Version: 6.0 (July 2024)

No amendments since last version.

1.      Definitions.

The capitalized terms used in this Appendix shall have the meaning as set forth in the definitions to the MSA.

2.     Scope

Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.               support Customer with questions concerning the use of the Software in the process of development and in the operation of Applications;

ii.              make available new versions of the Software as outlined below; and

iii.             respond to Support Requests.

3.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.               If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.              The Error must be reproducible by BRYTER without using a special, adapted or extended version of the Software. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the Software, or any other issues of which Customer is aware of; and

iv.             Unless it is commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

4.     Excluded services

Support and Maintenance Services under this MSA do not include and/or apply to any of the following:

i.               Support and maintenance services on Customer’s infrastructure and/or premises;

ii.              Development of software programs that have other functions than those described in the applicable BRYTER Automation Platform Documentation and/or BRYTER Policy AI Documentation as applicable to the BRYTER Automation Platform and the BRYTER Policy AI;

iii.             Programming services to integrate the Software with products of Customer or Third Parties;

iv.             Support and maintenance services in relation to Downtime resulting from outages, model changes, or any other type of inoperability of Third-Party Services or parts thereof;

v.              Support of adaptations and extensions of the Software programmed by Customer;

vi.             Introduction and training of Customer’s employees in the use of the Software;

vii.            Recommendation of action for the optimal use of the Software;

viii.           Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the Software contained in the applicable BRYTER Automation Platform Documentation and/or BRYTER Policy AI Documentation as applicable;

ix.             Developing use cases and/or Applications for Customer, or answering questions on these use cases and/or Applications architecture;

x.              Customized work already covered by a separate SOW;

xi.             Debugging Applications and/or Modules;

xii.            Answering questions about BRYTER’s roadmap;

xiii.           Any Software provided free of charge, including but not limited to access to the Sandbox.

xiv.           Any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or Documentation or unauthorized modifications;

5.     Ticketing System and Service Availability

a.     Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

b.     BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for its BRYTER Automation Platform and the BRYTER Policy AI.

Version: 5.0 (May 2024)

Amendments since last version: (1) Addition of another excluded services case concerning the support and maintenance in relation to certain downtime cases; (2) addition of the BRYTER Policy AI to the service availability clause 5.

1.      Definitions.

The capitalized terms used in this Appendix shall have the meaning as set forth in the definitions to the MSA.

2.     Scope

Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.               support Customer with questions concerning the use of the Software in the process of development and in the operation of Applications;

ii.              make available new versions of the Software as outlined below; and

iii.             respond to Support Requests.

3.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.               If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.              The Error must be reproducible by BRYTER without using a special, adapted or extended version of the Software. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the Software, or any other issues of which Customer is aware of; and

iv.             Unless it is commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

4.     Excluded services

Support and Maintenance Services under this MSA do not include and/or apply to any of the following:

i.               Support and maintenance services on Customer’s infrastructure and/or premises;

ii.              Development of software programs that have other functions than those described in the applicable BRYTER Automation Platform Documentation and/or BRYTER Policy AI Documentation as applicable to the BRYTER Automation Platform and the BRYTER Policy AI;

iii.             Programming services to integrate the Software with products of Customer or Third Parties;

iv.             Support and maintenance services in relation to Downtime resulting from outages, model changes, or any other type of inoperability of Third-Party Services or parts thereof;

v.              Support of adaptations and extensions of the Software programmed by Customer;

vi.             Introduction and training of Customer’s employees in the use of the Software;

vii.            Recommendation of action for the optimal use of the Software;

viii.           Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the Software contained in the applicable BRYTER Automation Platform Documentation and/or BRYTER Policy AI Documentation as applicable;

ix.             Developing use cases and/or Applications for Customer, or answering questions on these use cases and/or Applications architecture;

x.              Customized work already covered by a separate SOW;

xi.             Debugging Applications and/or Modules;

xii.            Answering questions about BRYTER’s roadmap;

xiii.           Any Software provided free of charge, including but not limited to access to the Sandbox.

xiv.           Any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or Documentation or unauthorized modifications;

5.     Ticketing System and Service Availability

a.     Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

b.     BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for its BRYTER Automation Platform and the BRYTER Policy AI.

Version: 4.2 (March 2024)

1.      Definitions.

The capitalized terms used in this Appendix shall have the meaning as set forth in the definitions to the MSA.

2.     Scope

Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.                support Customer with questions concerning the use of the Software in the process of development and in the operation of Applications;

ii.              make available new versions of the Software as outlined below; and

iii.             respond to Support Requests.

3.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.                If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.               The Error must be reproducible by BRYTER without using a special, adapted or extended version of the Software. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the Software or any other issues of which Customer is aware of; and

iv.             Unless commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

4.     Excluded services

Support and Maintenance Services under this MSA do not include and/or apply to any of the following:

i.                Support and maintenance services on Customer’s infrastructure and/or premises;

ii.               Development of software programs that have other functions than those described in the applicable BRYTER Automation Platform Documentation and/or BRYTER Intake and Matter Management Documentation as applicable to the BRYTER Automation Platform and the BRYTER Intake and Matter Management;

iii.             Programming services to integrate the Software with products of Customer or Third Parties;

iv.             Support of adaptations and extensions of the Software programmed by Customer;

v.              Introduction and training of Customer’s employees in the use of the Software;

vi.             Recommendation of action for the optimal use of the Software;

vii.            Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the Software contained in the applicable BRYTER Automation Platform Documentation and/or BRYTER Intake and Matter Management Documentation as applicable;

viii.           Developing use cases and/or Applications for Customer, or answering questions on these use cases and/or Applications architecture;

ix.             Customized work already covered by a separate SOW;

x.               Debugging Applications and/or Modules;

xi.             Answering questions about BRYTER’s roadmap;

xii.            Any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or Documentation or unauthorized modifications;

xiii.           Any Software provided free of charge, including but not limited to access to the Sandbox.

5.     Ticketing System and Service Availability

a.     Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

b.     BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for its BRYTER Automation Platform and BRYTER Intake and Matter Management.

Version: 4.0 (October 2024)

1.      Definitions.

The capitalized terms used in this Appendix shall have the meaning as set forth in the definitions to the MSA.

2.     Scope

Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.                support Customer with questions concerning the use of the Software in the process of development and in the operation of Applications;

ii.              make available new versions of the Software as outlined below; and

iii.             respond to Support Requests.

3.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.                If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.               The Error must be reproducible by BRYTER without using a special, adapted or extended version of the Software. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the Software or any other issues of which Customer is aware of; and

iv.             Unless commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

4.     Excluded services

Support and Maintenance Services under this MSA do not include and/or apply to any of the following:

i.                Support and maintenance services on Customer’s infrastructure and/or premises;

ii.               Development of software programs that have other functions than those described in the applicable BRYTER Automation Platform Documentation and/or BRYTER Intake and Matter Management Documentation as applicable to the BRYTER Automation Platform and the BRYTER Intake and Matter Management;

iii.             Programming services to integrate the Software with products of Customer or Third Parties;

iv.             Support of adaptations and extensions of the Software programmed by Customer;

v.              Introduction and training of Customer’s employees in the use of the Software;

vi.             Recommendation of action for the optimal use of the Software;

vii.            Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the Software contained in the applicable BRYTER Automation Platform Documentation and/or BRYTER Intake and Matter Management Documentation as applicable;

viii.           Developing use cases and/or Applications for Customer, or answering questions on these use cases and/or Applications architecture;

ix.             Customized work already covered by a separate SOW;

x.               Debugging Applications and/or Modules;

xi.             Answering questions about BRYTER’s roadmap;

xii.            Any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or Documentation or unauthorized modifications;

xiii.           Any Software provided free of charge, including but not limited to access to the Sandbox.

5.     Ticketing System and Service Availability

a.     Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

b.     BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for its BRYTER Automation Platform and BRYTER Intake and Matter Management.

Version: 3.1 (October 2023)

Amendments since last version: (1) Replacement of the term “BRYTER Products” with “Software”; (2) addition of the BRYTER Intake and Matter Management to some excluded services cases in clause 4 and to the service availability clause 5; (3) addition of another excluded services case concerning the provision of software free of charge, clause 4.xiii.

1.      Definitions.

The capitalized terms used in this Appendix shall have the meaning as set forth in the definitions to the MSA.

2.     Scope

Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.                support Customer with questions concerning the use of the Software in the process of development and in the operation of Applications;

ii.              make available new versions of the Software as outlined below; and

iii.             respond to Support Requests.

3.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.                If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.               The Error must be reproducible by BRYTER without using a special, adapted or extended version of the Software. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the Software or any other issues of which Customer is aware of; and

iv.             Unless commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

4.     Excluded services

Support and Maintenance Services under this MSA do not include and/or apply to any of the following:

i.                Support and maintenance services on Customer’s infrastructure and/or premises;

ii.               Development of software programs that have other functions than those described in the applicable BRYTER Automation Platform Documentation and/or BRYTER Intake and Matter Management Documentation as applicable to the BRYTER Automation Platform and the BRYTER Intake and Matter Management;

iii.             Programming services to integrate the Software with products of Customer or Third Parties;

iv.             Support of adaptations and extensions of the Software programmed by Customer;

v.              Introduction and training of Customer’s employees in the use of the Software;

vi.             Recommendation of action for the optimal use of the Software;

vii.            Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the Software contained in the applicable BRYTER Automation Platform Documentation and/or BRYTER Intake and Matter Management Documentation as applicable;

viii.           Developing use cases and/or Applications for Customer, or answering questions on these use cases and/or Applications architecture;

ix.             Customized work already covered by a separate SOW;

x.               Debugging Applications and/or Modules;

xi.             Answering questions about BRYTER’s roadmap;

xii.            Any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or Documentation or unauthorized modifications;

xiii.           Any Software provided free of charge, including but not limited to access to the Sandbox.

5.     Ticketing System and Service Availability

a.     Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

b.     BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for its BRYTER Automation Platform and BRYTER Intake and Matter Management.

Version: 3.0 (June 2023)

Amendments since last version: (1) Replacement of the term “Software” with “BRYTER Products”; (2) addition of the BRYTER Intake Documentation to some excluded services in clause 3.

Terms not defined in this Appendix have the same meaning set forth in the MSA.

1.      Scope

Subject to each of the other provisions of the MSA, with the purchase of the Services, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.                support Customer with questions concerning the use of the BRYTER Products in the process of development and in the operation of Applications;

ii.              make available new versions of the BRYTER Products as outlined below; and

iii.             respond to Support Requests.

2.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.                If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.               The Error must be reproducible by BRYTER without using a special, adapted or extended version of the BRYTER Products. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the BRYTER Products or any other issues of which Customer is aware of; and

iv.             Unless commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

3.     Excluded services

Support and Maintenance Services under this MSA do not include and/or apply to any of the following:

i.                Support and maintenance services on Customer’s infrastructure and/or premises;

ii.               Development of software programs that have other functions than those described in the applicable BRYTER Platform Documentation and/or BRYTER Intake Documentation as applicable to the BRYTER Products;

iii.             Programming services to integrate the BRYTER Products with products of Customer or Third Parties;

iv.             Support of adaptations and extensions of the BRYTER Products programmed by Customer;

v.              Introduction and training of Customer’s employees in the use of the BRYTER Products;

vi.             Recommendation of action for the optimal use of the BRYTER Products;

vii.            Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the BRYTER Products contained in the applicable BRYTER Platform Documentation and/or BRYTER Intake Documentation as applicable;

viii.           Developing use cases and/or Applications for Customer, or answering questions on these use cases and/or Applications architecture;

ix.             Customized work already covered by a separate SOW;

x.               Debugging Applications and/or Modules;

xi.             Answering questions about BRYTER’s roadmap;

xii.            any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or Documentation or unauthorized modifications.

4.     Ticketing System and Service Availability

4.1.    Subject to each of the other provisions of the MSA, with the purchase of the BRYTER Products, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

4.2.   BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for its BRYTER Products.

Version: 2.3 (March 2023)

Terms not defined in this Appendix have the same meaning set forth in the MSA.

1.      Scope

Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will provide the following Support and Maintenance Services during the applicable Subscription Term:

i.                support Customer with questions concerning the use of the Software in the process of development and in the operation of Applications;

ii.              make available new versions of the Software as outlined below; and

iii.             respond to Support Requests.

2.     Customer’s responsibilities

Customer acknowledges that its cooperation is essential to the proper performance of Support and Maintenance Services by BRYTER. To enable BRYTER to provide Support and Maintenance Services, Customer agrees to the following:

i.                If an Error occurs, Customer will promptly inform BRYTER via the Ticketing System;

ii.               The Error must be reproducible by BRYTER without using a special, adapted or extended version of the Software. If necessary, Customer agrees to assist BRYTER in reproducing the Error. Should such a reproduction be impossible, the Error will be described by Customer as precisely as possible;

iii.             If an Error is reported, Customer will (a) provide BRYTER with the information requested to eliminate the problem and support BRYTER in eliminating the Error; and (b) inform BRYTER of any modifications it has made to its usage of the Software or any other issues of which Customer is aware of; and

iv.             Unless commercially unreasonable to do so, Customer will implement suggestions from BRYTER on elimination of Errors.

3.     Excluded services

Support and Maintenance Services under this MSA do not include and/or apply to any of the following:

i.                Support and maintenance services on Customer’s infrastructure and/or premises;

ii.               Development of software programs that have other functions than those described in the applicable Documentation to the Software;

iii.             Programming services to integrate the Software with products of Customer or Third Parties;

iv.             Support of adaptations and extensions of the Software programmed by Customer;

v.              Introduction and training of Customer’s employees in the use of the Software;

vi.             Recommendation of action for the optimal use of the Software;

vii.            Error correction and consulting services in case of operational Errors that are based on non-compliance with the operating conditions for the Software contained in the applicable Documentation;

viii.           Developing use cases, Applications and/or Customer Services for Customer, or answering questions on Applications and/or Customer Service architecture;

ix.             Customized work already covered by a separate SOW; Debugging Applications and/or Modules;

x.               Answering questions about BRYTER’s 

xi.             any other services not specifically set forth herein, including, but not limited to, customization, programming, integration, recovery of data, support of Customer-specific adaptations or add-on programs and program components, support of modifications, installation, training, analysis or corrections of Errors caused by Customer’s non-compliance with this Agreement or Documentation or unauthorized modifications.

4.     Ticketing System and Service Availability

4.1.    Subject to each of the other provisions of the MSA, with the purchase of the Software, BRYTER will respond to queries submitted through the Ticketing System regarding Errors and Support Requests using commercially reasonable efforts.

4.2.   BRYTER will use commercially reasonable efforts to ensure a Service Availability of 99.5% per month for its Software.

Version: 2.2 (February 2023)