SLA

DYNOMATIK SERVICE LEVEL AGREEMENT

Effective15th October, 2026

This Service Level Agreement (SLA) sets out the availability and support commitments that apply to the Dynomatik service. It forms part of the Agreement. The commitments that apply to a particular Customer depend on that Customer’s SLA Tier, determined under clause 1.2.

1. Scope and application

1.1 This SLA is incorporated into, and forms part of, the Agreement. It does not create a separate contract and has no effect except as part of the Agreement.

1.2 Determination of SLA Tier. The commitments in this SLA apply according to the Customer’s SLA Tier, which is determined as follows: (a) where the Customer subscribes under the Terms of Service, Tier 1 applies, unless a higher SLA Tier is agreed under paragraph (c); (b) where the Customer contracts under the MSA, the SLA Tier is that stated in the applicable SOW, and if a SOW does not state an SLA Tier, Tier 1 applies; and (c) Dynomatik and the Customer may at any time agree in writing that Tier 2 or Tier 3 is to apply to the Customer.

1.3 Agreed SLA Tier. An agreement under clause 1.2(c) must be in writing and signed or otherwise confirmed by an authorised representative of each party, and must state the SLA Tier that is to apply, the date from which it applies, the period for which it applies and any additional fees payable. It takes effect on payment of those fees, or on such other date as it states. It may take the form of a SOW, an Order or any other written instrument, and where the Customer subscribes under the Terms of Service the parties are not required to enter into the MSA in order for it to take effect. An agreement under clause 1.2(c) varies this SLA only as to the Customer’s SLA Tier, and does not otherwise vary this SLA or any other part of the Agreement. On expiry of the period for which the agreed SLA Tier applies, and unless the parties agree otherwise in writing, Tier 1 applies.

1.4 Where a SOW conflicts with this SLA, the SOW prevails, but only to the extent that it expressly refers to and varies a numbered provision of this SLA. A SOW does not otherwise vary this SLA or any other part of the Agreement.

1.5 Capitalised terms used but not defined in this SLA have the meanings given to them in the Agreement.

2. Definitions

In this SLA:

3. Availability

3.1 Availability Targets. The following Availability Targets apply:

3.2 Tier 1. For the avoidance of doubt, no Availability Target, service level, uptime figure or performance standard is committed, warranted or represented in respect of Tier 1. Dynomatik will use commercially reasonable efforts to make the Service available, and clause 5.1 applies.

3.3 Calculation. Where an Availability Target applies, Availability is calculated for each Measurement Period as follows:

Availability = ( ( T − E − D ) ÷ ( T − E ) ) × 100

where T is the total number of minutes in the Measurement Period, E is the total number of minutes of Excluded Downtime in that period, and D is the total number of minutes of Downtime in that period.

3.4 Measurement. Availability is measured by Dynomatik’s own monitoring systems. Those systems record the availability of the Service at Dynomatik’s network boundary, and their records are the sole basis on which Availability is determined under this SLA. Availability is measured across the Service as a whole and not by reference to any individual User, account, device, location or feature.

3.5 No reporting obligation. Dynomatik is under no obligation to publish, report, disclose or otherwise make available to the Customer any Availability figure, monitoring data, uptime statistic or performance report, whether periodically, on request or at all. This clause 3.5 applies to availability and performance information only. It does not limit, and is without prejudice to, Dynomatik’s obligations to notify the Customer of a personal data breach or of a security incident, which arise under the DPA and under Dynomatik’s published information security policies, and it does not limit the Customer’s audit rights under the DPA.

4. Excluded Downtime

4.1 Excluded Downtime means any unavailability, degradation, interruption or failure of the Service arising out of or in connection with:

4.1.1 Scheduled Maintenance or Emergency Maintenance carried out in accordance with clause 7;

4.1.2 any failure, outage, degradation, throttling, suspension or scheduled maintenance of any third party hosting, cloud, infrastructure, platform, network, telecommunications, payment, authentication, messaging or other third party service on which the Service depends, including any public cloud provider;

4.1.3 the availability, performance, review process, approval process, policies or acts or omissions of the Apple App Store, the Google Play Store or any other application distribution platform;

4.1.4 any act or omission of the Customer or its Users, including misuse of the Service, use of the Service otherwise than in accordance with the Agreement or the documentation, or any configuration made by or on behalf of the Customer;

4.1.5 the Customer’s or a User’s own equipment, software, systems, network, connectivity or internet access, or any third party product or integration procured or operated by the Customer;

4.1.6 any suspension of the Service which Dynomatik is entitled to make under the Agreement, including suspension for non-payment or for breach of the acceptable use policy;

4.1.7 any beta, trial, pilot, preview, evaluation or early access feature (see clause 8);

4.1.8 Dynomatik’s compliance with any instruction, specification or request of the Customer, or with any legal or regulatory obligation; or

4.1.9 any event of force majeure, or any other cause beyond Dynomatik’s reasonable control.

4.2 Excluded Downtime does not count as Downtime and is deducted from the Measurement Period for the purposes of the calculation at clause 3.3.

5. Remedies for failure to meet an Availability Target

5.1 Tier 1: no remedy. No Availability Target applies to Tier 1. Accordingly, no remedy, credit, refund, damages or other compensation is available under this SLA in respect of the availability or performance of the Service at that tier.

5.2 Tiers 2 and 3: remediation. If Availability falls below the applicable Availability Target in any Measurement Period, and the Customer notifies Dynomatik in writing within thirty (30) days of the end of that Measurement Period, Dynomatik shall:

5.2.1 escalate the matter internally to a member of its senior technical team;

5.2.2 carry out a root cause analysis and provide the Customer with a written summary of its findings within ten (10) Business Days of the Customer’s notice; and

5.2.3 provide the Customer with a written remediation plan setting out the corrective steps Dynomatik will take and the timescale for taking them, and use commercially reasonable efforts to implement that plan.

5.3 Sole and exclusive remedy. The remedies set out in clause 5.2, or where a SOW expressly provides otherwise the remedies set out in that SOW, are the Customer’s sole and exclusive remedies, and Dynomatik’s entire liability, for any failure to meet an Availability Target, for any Downtime, and for any unavailability, interruption, degradation or reduced performance of the Service however arising. The Customer shall have no other claim, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, in respect of any such matter.

5.4 Relationship to the liability cap. Nothing in this SLA increases, or operates as an exception to, any limitation or exclusion of liability in the Agreement. All amounts payable and all liability arising under or in connection with this SLA, or under any service level provision of a SOW, are subject to, and count towards, the aggregate cap on liability set out in the Agreement.

6. Support

6.1 Channels and hours. Dynomatik will provide technical support in respect of the Service as follows:

6.2 Scope. Support covers the diagnosis and correction of defects in the Service. It does not include training, consultancy, configuration services, data entry, custom development, integration work, or support for the Customer’s own systems or third party products, except where expressly agreed in a SOW.

6.3 Priority Levels. Dynomatik will assign each Support Request a Priority Level, acting reasonably and having regard to the following definitions. Priority Levels apply to Support Requests only, and determine the applicable First Response target under clause 6.5 and nothing further:

6.4 Relationship to incident severity. Dynomatik separately operates an internal incident severity classification (P1 to P4) for the purposes of detecting, escalating and notifying security and data protection incidents, as described in its published information security policies. That classification and the Priority Levels in clause 6.3 are assigned independently, by different processes and on different criteria. As a general guide, Critical broadly corresponds to P1 and High to P2, but the Priority Level assigned to a Support Request does not determine the severity assigned to an incident, and the severity assigned to an incident does not determine the Priority Level of, or the First Response target for, any Support Request. Nothing in Dynomatik’s information security policies varies this SLA, creates any Availability Target, service level, resolution time or support commitment, or gives rise to any credit, refund, damages or other remedy.

6.5 First Response targets. Dynomatik will use commercially reasonable efforts to provide a First Response within the following periods, measured from receipt of the Support Request through a permitted channel:

6.6 Nature of the targets. The periods in clause 6.5 are targets for First Response only. They are not resolution times, and Dynomatik does not commit to any period within which a Support Request will be resolved. No credit, refund, damages or other compensation is available for any failure to meet a First Response target, and the remedies in clause 5.2 do not apply to support.

6.7 Customer obligations. As a condition of Dynomatik’s obligations under this clause 6, the Customer shall: (a) report each issue promptly and through a permitted channel; (b) provide such information, detail, examples and access as Dynomatik reasonably requests in order to reproduce and diagnose the issue; (c) nominate a reasonable number of named contacts authorised to raise Support Requests; and (d) respond to Dynomatik’s reasonable requests without undue delay. Time periods under clause 6.5 are suspended for so long as Dynomatik is awaiting information or access from the Customer.

6.8 Security contact channel. Dynomatik operates a separate contact channel for the reporting and escalation of suspected security incidents and data protection concerns, as published in its information security policies. That channel is reserved for such matters. It is not a support channel, may not be used to submit Support Requests, and a communication sent to it is not a Support Request for the purposes of this clause 6 and does not attract any First Response target.

7. Maintenance

7.1 Scheduled Maintenance. Dynomatik may carry out planned maintenance on the Service. Dynomatik will give the Customer at least five (5) Business Days’ notice of Scheduled Maintenance and will use commercially reasonable efforts to carry it out outside Business Hours.

7.2 Emergency Maintenance. Dynomatik may carry out maintenance at any time and without prior notice where it reasonably considers this necessary to preserve the security, integrity or continued operation of the Service, or to comply with any legal or regulatory obligation. Dynomatik will notify the Customer as soon as reasonably practicable.

7.3 Scheduled Maintenance and Emergency Maintenance do not constitute Downtime and are Excluded Downtime for the purposes of clause 4.

8. Beta and preview features

Any feature or part of the Service which is identified as beta, trial, pilot, preview, evaluation or early access is provided "as is" and "as available". No Availability Target, First Response target, warranty, service level or support commitment applies to it, and Dynomatik may modify, suspend or withdraw it at any time without notice and without liability.

9. Changes to this SLA

9.1 Dynomatik may amend this SLA from time to time by publishing an updated version at raceprox.com. Where the Customer subscribes under the Terms of Service, an amendment takes effect thirty (30) days after publication, and if an amendment materially reduces the commitments in this SLA the Customer may terminate the Agreement on written notice given before the amendment takes effect.

9.2 Where the Customer contracts under the MSA, this SLA is fixed as at the commencement date of the relevant SOW for the duration of that SOW, and no amendment published under clause 9.1 applies without the Customer’s written agreement. Where the Customer subscribes under the Terms of Service and an SLA Tier has been agreed under clause 1.2(c), no amendment published under clause 9.1 which reduces the commitments applicable to that SLA Tier applies during the period for which the agreed SLA Tier applies, without the Customer’s written agreement.

10. Governing terms

This SLA is governed by, and shall be construed in accordance with, the laws of England and Wales, and is subject to the exclusive jurisdiction provisions of the Agreement.