Service Level Agreement [DRAFT]

This agreement is for the service level and compensation for Kubitus products. The policy governing the use of services installed and managed by Sabz System applies separately to each account using Kubitus. In case of conflict between the terms of this SLA and the terms of the customer's Kubitus agreement or other agreements with us that govern your use of our services ("Agreement"), the terms and conditions of this SLA will apply. However, for the service level of other services used in this platform, the service level of that service will be the criterion for action. This service level may change over time. Therefore, the latest version will always be the criterion.

The following words and phrases in this document are considered acceptable definitions for both the customer and the provider, even if they have other meanings in custom or laws.

• "Cluster" refers to a Kubernetes cluster with at least three master nodes provided by the Kubitus Kubernetes service.
• "Thirty-Day Interval" is the time interval from the tenth to the ninth month following, during which the service charges are calculated. The thirty-day interval may vary in different contracts, in which case the criterion will be the same time interval. In calendar months with 31 days, the time interval will be calculated with 31 days included. If the start date of service usage is within an interval of less than 30 days, the basis for calculating charges and availability for that interval will only be the duration of usage.
• "Disruption" means any complete or partial disruption of shared access, provided that the disruption is not due to the complete suspension or termination of shared services due to a violation of the commitments set forth in the ordering contract and the general terms of use of Sabz System services and products.
• "Monthly Work Time Percentage" for a specific cluster is calculated by subtracting the percentage of 5-minute intervals during which their endpoint was not available from 100% during the monthly billing cycle. If the cluster is only running for part of the month, 100% availability is assumed for the remainder of the month not in operation. In these measurements of monthly work time percentage, direct or indirect unavailability resulting from any "Kubitus Service Level Exceptions" is deducted.
• "Service Credit" is a monetary credit calculated as described above, which can be applied to an eligible account.
• "Unavailable" and "Unavailability" for cloud processing services means that the virtual machine has no external connectivity, and for the managed Kubernetes platform, it means that all requests sent to the Kubernetes API server within a 5-minute interval are met with failure.

Sabz System uses reasonable commercial efforts to ensure that connectivity to the Kubernetes API in the Kubitus Kubernetes service and virtual machines in the cloud processing service is available at least 99.95% of the time during each monthly billing cycle within the thirty-day interval ("Service Commitment"). If Kubitus fails to meet the monthly work time percentage commitments, the customer is eligible to receive service credits as described below.

Service credits are calculated as a percentage of the fees paid by the customer for Kubitus Kubernetes clusters, which have not met the monthly uptime percentage commitment in a billing cycle according to the following schedule:

We will only apply service credits against future payments for the same Kubitus Kubernetes service; otherwise, the service credit will be considered void by the customer. At our discretion, we may issue service credits to the customer's account for other Kubitus Kubernetes services. Service credits do not entitle the customer to refunds or payment for other services in Kubitus. Service credits will only be issued if the credit amount for the monthly billing cycle exceeds one hundred thousand Iranian rials. Service credits are non-settleable and non-payable in cash. Service credits cannot be transferred or applied to any other account. Unless explicitly stated otherwise in the mutual agreement, the only remedy for the customer for any unavailability or failure or other failure of our Kubitus provision is to receive service credits (if eligible) in accordance with the terms of this SLA.

Service commitments are not applicable in cases of unavailability, suspension, termination, or other operational issues of Kubernetes Kubeadm under the following conditions:

• Arising from factors beyond our logical control, including any force majeure event or internet access or related issues beyond Kubernetes Kubeadm
• Arising from agreed-upon terms in the general terms of use document for Sabz System services and products
• Arising from any voluntary actions or inactions of the customer (e.g., restarting a cluster, updating cluster version, updating cluster configuration, disabling security groups, changing or misconfiguring network settings, etc.)
• Arising from open-source software that results in recurring failures in Kubernetes Kubeadm clusters or renders a cluster inactive. (e.g., undocumented issues in Kubernetes source code)
• Arising from customer equipment, software, or other technologies
• Arising from the suspension or termination of the customer's right to use Kubernetes Kubeadm in accordance with the agreement (aggregatedly, Kubernetes Kubeadm Service Level Agreement Exceptions)

If the availability is affected by factors other than those explicitly used in calculating the percentage of monthly working time within our thirty-day window, we may issue service credits at our discretion. The availability of cloud machines connected to a Kubernetes cluster is covered under the cloud computing service level agreement.

Service credits are calculated as a percentage of the fees paid by the customer for Kubeadm cloud processing, which have not met the commitment to monthly uptime percentage in accordance with the following schedule, in a billing cycle:

We will apply any service credits only against future payments for Kubeadm cloud processing by the customer; otherwise, such service credit will be deemed canceled by the customer. At our discretion, we may issue service credits to other Kubeadm cloud processing accounts of the same customer. Service credits will not entitle the customer to a refund or payment for other services in Kubeadm. Service credits will only be enforced when the amount of credit for the monthly billing cycle exceeds one hundred thousand tomans. Service credits are not settled or paid in cash. Service credits cannot be transferred or applied to any other account. Unless explicitly provided otherwise in the contract, the sole remedy for the customer for any unavailability, non-performance, or other failure of ours to provide Kubeadm cloud processing, receiving service credits (if eligible) in accordance with the terms of this SLA.

In addition to the above, Kubeadm does not charge for hours during which VMs are unavailable for more than six minutes per hour.

Service commitments are not applicable in cases of unavailability, suspension, termination, or other operational issues of Kubeadm cloud processing under the following conditions:

• Arising from factors beyond our logical control, including any force majeure event or internet access or related issues beyond Kubeadm cloud processing.
• Arising from agreed-upon terms in the general terms of use document for Sabz System services and products
• Arising from any voluntary actions or inactions of the customer (e.g., restarting a virtual machine, updating the operating system, changing disk configurations, disabling security groups, changing or misconfiguring network settings, failure to reserve disk recovery, or failure to respond to resource health concerns, etc.)
• Arising from customer equipment, software, or other technologies.
• Arising from the suspension or termination of the customer's right to use Kubeadm cloud processing in accordance with the agreement (aggregatedly, Kubeadm Cloud Processing Service Level Agreement Exceptions)

If the availability is affected by factors other than those explicitly used in calculating the percentage of monthly working time within our thirty-day window, we may issue service credits at our discretion. The availability of other Kubeadm services on Kubeadm cloud machines is covered under the service level agreement for that service.

To receive service credits, you must submit a claim by opening a ticket in the Kubeadm support section. To be eligible, the credit request must be received by the end of the second billing cycle after which the incident occurred and must include the following:

• The phrase "Kubeadm Service Level Agreement Credit Request" in the ticket title.
• Billing cycle for which service credit is claimed, along with breakdown of dates and times for each monthly uptime percentage in the thirty-day window claimed.
• Data centers and clusters claimed.
• Customer request reports documenting errors and confirming a valid claim (any sensitive or confidential information in these reports must be redacted or replaced with asterisks)

If the monthly uptime percentage is confirmed by us to be less than the service commitment, we will issue service credits within one billing cycle after the month of the credit request incident. Failure to provide a request and other required information above will disqualify the customer from receiving service credits.