Service Level Agreement

This Service Level Agreement (the “SLA”) sets out the service levels that TechVerdi SA (“we”, “us”) provides for the Kappino platform (the “Service”) to enterprise customers who have a written subscription that expressly incorporates this SLA (“you”, the “Customer”).

This SLA forms part of, and is subject to, the Terms & Conditions (the “Main Agreement”). It applies only while your enterprise subscription is active and Fees are paid up to date. Unless expressly agreed in writing through this SLA, the availability target stated elsewhere is a goal only and not a contractual commitment. Capitalised terms not defined here have the meaning in the Main Agreement.

• “Available” / “Availability” — the Service’s core functions are accessible and operating materially in accordance with the documentation.
• “Downtime” — a period in which the Service is not Available, excluding the items in Section 4.
• “Monthly Uptime Percentage” — total minutes in a calendar month minus Downtime minutes, divided by total minutes, expressed as a percentage.
• “Scheduled Maintenance” — planned maintenance notified in advance under Section 9.
• “Emergency Maintenance” — urgent maintenance to address security or stability risks.
• “Incident” — a failure or degradation of the Service reported by you or detected by us.
• “Response Time” — the time between a valid Incident report and our first substantive human response acknowledging it and beginning to work on it.
• “Workaround / Restoration” — a temporary or permanent measure that restores material functionality.
• “Business Hours” — 09:00–18:00 Central European Time (CET/CEST), Monday to Friday, excluding public holidays at our registered seat.
• “Service Credit” — the credit described in Section 5.

We will use commercially reasonable efforts to make the Service Available with a Monthly Uptime Percentage of at least 99.9%, measured per calendar month and excluding the items in Section 4.

For reference, 99.9% allows for approximately 43 minutes of Downtime per 30-day month. Availability is measured at the level of the Service’s core functions, based on our monitoring records.

The following do not count as Downtime and are excluded from the uptime calculation and from Service Credits:

• Scheduled Maintenance notified under Section 9, and reasonable Emergency Maintenance;
• factors outside our reasonable control, including force majeure events and failures of the internet, the hosting provider, or other third-party services or networks;
• issues caused by the Customer or its users, including misconfiguration, misuse, breach of the Main Agreement or AUP, or the Customer’s equipment, software, or connectivity;
• issues caused by third-party integrations, such as payment, mapping, messaging, AI/OCR, or e-commerce services not operated by us;
• suspension permitted under the Main Agreement, such as non-payment, security, or abuse; and
• beta, trial, or free features and any feature expressly excluded from this SLA.

If the Monthly Uptime Percentage falls below 99.9% in a given calendar month, you may claim a Service Credit calculated as a percentage of the monthly Fee for the affected Service for that month:

How to claim. Submit a written claim to office@techverdi.ch within 30 days of the end of the affected month, with the dates, times, and a description of the Downtime. We will validate the claim against our monitoring records.

Terms. Service Credits are applied against future Fees, are not exchangeable for cash, are capped at the equivalent of one (1) month’s Fee for the affected Service per month, and require your account to be in good standing. Service Credits are your sole and exclusive remedy for any failure to meet the uptime commitment, subject to Section 12.

• Standard support is provided during Business Hours by email at office@techverdi.ch or your designated enterprise support address.
• Enterprise priority handling. Enterprise customers receive prioritised handling and, where agreed in your Order, a named contact and/or extended-hours coverage for P1 Incidents.
• Incidents reported outside Business Hours are deemed received at the start of the next Business Hours, unless extended coverage is agreed for the relevant priority.

Any extended-hours, telephone, or 24×7 P1 coverage applies only if expressly set out in your Order.

We classify Incidents by business impact. We assign the initial priority reasonably and in good faith, in consultation with you where practicable.

We will use commercially reasonable efforts to meet the following target Response Times, measured during the applicable support coverage. Restoration times depend on the nature of the Incident and are targets, not guarantees.

We will keep you reasonably informed of progress on P1 and P2 Incidents until resolved or downgraded.

• Scheduled Maintenance. We aim to perform Scheduled Maintenance during off-peak hours and to give at least five (5) Business Days’ advance notice by email and/or in-app or status page, stating the expected window and impact.
• Standard maintenance window. Where possible, routine maintenance is performed within a recurring low-traffic window, which we will communicate to you.
• Emergency Maintenance. We may perform Emergency Maintenance with shorter or immediate notice where necessary to protect security, integrity, or stability, and will notify you as soon as reasonably practicable.
• Time spent on Scheduled or reasonable Emergency Maintenance is excluded from Downtime under Section 4.

We monitor the availability of the Service and use our monitoring records as the authoritative basis for calculating the Monthly Uptime Percentage and validating Service Credit claims.

On reasonable request, we will provide an availability summary for a given month. Where we operate a status page, we will use it to communicate incidents and maintenance.

To enable us to meet these service levels, you will:

• report Incidents promptly through the agreed channel, with enough detail to reproduce and assess them, including description, time, affected users/functions, and screenshots or logs where available;
• designate one or more authorised contacts for support and maintenance communications, and keep their details current;
• reasonably cooperate with us during diagnosis and resolution; and
• keep your account in good standing and use the Service in accordance with the Main Agreement and the Acceptable Use Policy.

Response and restoration targets are suspended for any period we are reasonably awaiting required information or cooperation from you.

Service Credits under Section 5 are your sole and exclusive remedy for any failure to meet the uptime commitment, and the response and restoration times in Section 8 are targets and do not, on their own, give rise to Service Credits.

This SLA does not provide any guarantee of uninterrupted or error-free operation.

This SLA is subject to the limitations and exclusions of liability in the Main Agreement. Nothing in this SLA excludes or limits any liability that cannot be excluded or limited under mandatory Swiss law, including, under Art. 100 of the Swiss Code of Obligations, liability for unlawful intent or gross negligence.

We may update this SLA from time to time. For enterprise customers with a committed term, material adverse changes will not take effect until your next renewal unless agreed.

This SLA is governed by Swiss law, excluding its conflict-of-law rules and the CISG. The competent courts of the Canton of Vaud, Switzerland — place of jurisdiction: Pully / Lausanne — have exclusive jurisdiction, subject to any mandatory place of jurisdiction.