SERVICE LEVEL AGREEMENT BASIC

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1 EXHIBIT 1: SERVICE LEVEL AGREEMENT BASIC frm Next Generatin Mbility GmbH & C. KG Baierbrunner Str Munich, Germany -fleetster- Dcument Versin 2.35 Page 1 7

2 SERVICE LEVEL AGREEMENT The cntractual relatinship between Next Generatin Mbility GmbH & C. KG, having its registered ffice at Baierbrunner Str. 35, Munich, Germany (hereinafter referred t as fleetster ) and its custmer fr the fleetster sftware platfrm ( Custmer ), is gverned by the fllwing service level agreement as part f fleetster s standard terms and cnditins ( Page 2 7

3 II. TABLE OF CONTENTS 1. SERVICE LEVEL AGREEMENT Definitins Cnfiguratin requirements and acceptable use SLA Exclusins Service Levels Truble reprting Levels f unavailability Level 1: DOWNTIME Level 2: MAJOR Level 3: MINOR Exceptins Reprting a Dwntime Reprting Prcess Misusage Exceptins Sanctins General Terms... 7 Page 3 7

4 1. SERVICE LEVEL AGREEMENT 1.1. Definitins The fllwing terms, as used herein, shall have the fllwing meanings, whether used in the singular r plural (sme terms are defined within the sectin in which they are used): Affiliate refers t any cmpany wned r cntrlled directly r indirectly by NEXT GENERATION MOBILITY GMBH & CO. KG. fleetster applicatins refers t the fleetster Web-App (available via yurwhitelabelname.fleetster.de r the Custmer s dmain), fleetster ios App and Andrid App. API refers t the applicatin prgramming interface prvided by the fleetster. Hardware refers t the hardware supplied by fleetster, e.g. Traka key cabinet r INVERS carsharing kit. Service refers t the fleetster Services prvided t the custmer pursuant t this Agreement: access t fleetster s websites requiring authenticatin, access t fleetster s API s and access t all fleetster s functinalities including fleetster s critical functinalities (see definitin in sectin Service Levels ). Service Level means standards fleetster adheres t and by which it measures the level f Service it prvides as specifically set frth belw. Vehicles refers t the vehicles f the Custmer that are managed thrugh the sftware and maybe use Hardware (key cabinet, carsharing kit,etc.). Wrking hurs are defined as 9am-6pm Mnday-Friday in the time zne f fleetster s head ffice (Munich, Germany, UTC +1h), excluding public hlidays at fleetster s head ffice Cnfiguratin requirements and acceptable use Custmers must adhere t any required cnfiguratins, use supprted platfrms, and fllw any plicies fr acceptable use in rder t receive Service. Details f the required cnfiguratins, supprted platfrms and plicies fr acceptable use can be btained at any time by cntacting inf@fleetster.net SLA Exclusins This SLA and any applicable Service Level d nt apply t any perfrmance r availability issues: Hardware and cnnected services such as third party APIs r data delivery thrugh third-partynetwrks; Due t factrs nt freseeable and /r utside fleetster s reasnable cntrl; Due t external factrs i.e. nt related with fleetster s sftware; That resulted frm Custmer s r third-party s hardware r sftware; That resulted frm actins r inactins f the Custmer r third parties; Caused by Custmer s use f the Service after fleetster advised Custmer t mdify its use f the Service, if Custmer did nt mdify its use as advised; During scheduled dwntime; r During beta and trial services. Page 4 7

5 This SLA des nt apply fr recvery prcedures caused by the Custmer deleting r remving data by accident Service Levels Critical Functinality is defined as a functinality that is critical fr ensuring the Service required by the Custmer. The critical functinalities in the cntext f this Agreement are: access t the fleetster applicatins requiring authenticatin, access t the APIs prvided by fleetster, bking vehicles nline, key management, pening vehicles via the smart phne app and starting bkings. Prblems linked t a specific user, a specific user accunt, a single OBU, r a specific smartphne shall nt be cnsidered as a Critical Functinality. Dwntime is defined as any perid f time when the Custmer is unable t use a Critical Functinality fr all its users. The Dwntime is calculated using fleetster s applicatin availability in minutes. The Dwntime must be reprted by the Custmer in the fleetster ticketing system (see sectin Truble Reprting ) t be taken int accunt. Dwntime des nt include the perid f time when the Services are nt available as a result f: (i) Scheduled Dwntime r scheduled netwrk, hardware, r service maintenance r upgrades; r (ii) the acts r missins f the Custmer r the Custmer s emplyees, agents, cntractrs, r vendrs, r anyne gaining access t the Services; r (iii) Custmer requested changes; (iv) third party s actins r inactins; r (v) a case f frce majeure. Frce Majeure. Any Dwntime in Services r Critical functinalities will nt be cnsidered a breach f this Agreement if and t the extent caused by events beynd fleetster s reasnable cntrl, including, but nt limited t, acts f Gd, embarges, gvernmental restrictins, strikes, lckuts, wrk stppages r ther labr difficulties, rits, insurrectin, wars, r ther military actin, acts f terrrism, civil disrders, rebellin, fires, flds, telecmmunicatin stppage, vandalism, r sabtage ( Frce Majeure ). fleetster s bligatins hereunder will be suspended t the extent caused by Frce Majeure s lng as the Frce Majeure cntinues. Scheduled Dwntime is defined as: Dwntime within scheduled maintenance windws. The ntice is 5 wrking days in advance; r Dwntime f less than ne minute. Cumulative mnthly Scheduled Dwntime shuld nt exceed 2 hurs. Scheduled Dwntime is nt cnsidered Dwntime fr purpses f this SLA. Page 5 7

6 1.3. Truble reprting This SLA includes crrectins f trubles linked t critical functinalities but als analysis r crrectin f trubles related t majr r minr level f availability. Thse three levels f unavailability are detailed as fllws: BASIC Levels f unavailability Truble Reprt First attempt t slve the prblem during wrking hurs utside wrking hurs Level 1: DOWNTIME 2 h 18 h Level 2: MAJOR T0 = Truble received by 48 h 86 h Level 3: MINOR 7 weeks 7 weeks 1.4. Levels f unavailability Level 1: DOWNTIME Level 2: MAJOR Level 3: MINOR Critical Functinality All users f ne Custmer are affected Examples: N user is able t lgin and the frgt passwrd functin is nt wrking Unable t generate a key bx PIN Apps are nt wrking Nn-critical functinality is affected Technical-functinal bug The prblem needs t be reprducible n ther systems by fleetster based n clear instructins frm the Custmer Examples: Self-service bking desn t start autmatically Wrng currency is displayed Reallcatin desn't happen fr delayed vehicle Minr failure Nn-critical functinality Des nt prevent the use f the Services The prblem needs t be reprducible n ther systems by fleetster based n clear instructins frm the Custmer Examples: Reasn is missing in bking reject Analytics with granularity mnths shws incrrect active/used vehicle Backgrund image lads strange User cannt uplad prfile picture Page 6 7

7 1.4.4 Exceptins Scheduled dwntimes Frce Majeure events 1.5. Reprting a Dwntime Reprting Prcess All trubles encuntered by the Custmer must be reprted via custmer-supprt@fleetster.net. In case the it is nt pssible t send an , the user can call fleetster s emergency htline: Whenever the issue is slved, fleetster sends a written reprt t the Custmer, explaining the reasn fr the unavailability and, if applicable, why fleetster is nt respnsible fr it. fleetster is allwed t send the reprt via Misusage Any misusage r abuse f the emergency htline r the ticketing system will be billed separately t the Custmer Exceptins This SLA des nt include the ability fr the custmer t intrduce change requests, new-feature requests r imprvements f the system Sanctins A breach is defined as First attempt t slve the issue tk lnger than guaranteed in 1.3 The issue was nt slved within duble the time between T0 and the first attempt (e.g. mre then 4 hurs fr a Dwntime during wrking hurs). In case f breach f recvery time by fleetster the Custmer has the right t terminate all cntracts with fleetster fr gd cause. This applies nly fr fleetster licenses and nt fr hardware. The service level fr hardware is part f the respective terms f each hardware General Terms This Agreement shall be effective n the date the Custmer accepts fleetster s Standard Terms and Cnditins and shall autmatically expire upn the terminatin r expiry f the Standard Terms and Cnditins and Service License Agreement entered int by the Parties. Any previusly agreed service level agreements are hereby declared invalid. Page 7 7

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