Service Level Agreement

1. General

This Service Level Agreement (“SLA”) applies to Atera’s Enterprise Plan clients (“Client”), who are current on their payment obligation. All capitalized terms not otherwise defined in this SLA are as set forth in Atera’s Terms of Use.

2. Definitions.

“Core Service” is defined as the RMM and PSA Services, as identified in the Atera.com Status Page, and excluding without limitations: (a) the API; (b) add-ons, apps, widgets and/or Third Party Services integrated or otherwise interfaced with the Core Service, whether developed by Atera or a third party; and (c) any products or features identified as trial, pre-release, pilot, alpha, beta or similar.

“Downtime Period” means the number of minutes in a calendar month, as measured and determined solely by Atera based on its servers, during which the Core Service is unavailable to the Client. Downtime Period shall not include downtime due to: (i) planned downtime incidents announced in advance by Atera; (ii) Atera’s decision that immediate maintenance on the Services is required (“Urgent Maintenance”). Atera can perform such Urgent Maintenance at any time and for any period of time (as determined by Atera), and Atera will provide Client with notice of Urgent Maintenance as soon as reasonably practicable under the circumstances; (iii) the failure or malfunction of equipment, network, software, applications or systems not owned or directly controlled by Atera;

(v) factors beyond Atera’s reasonable control (e.g. any Force Majeure event (including but not limited to strikes, shortages, riots, insurrection, fires, flood, storms, explosions, acts of God, war, government or quasi- governmental authorities actions, acts of terrorism, cyber-attacks, earthquakes, power outages, pandemic or epidemic (or similar regional health crisis)), failure of Internet access or any public telecommunications network, shortage of adequate power or transportation facilities or any other problems beyond Atera’s reasonable control etc.); (iv) abuse or misuse of Atera’s Service; (v) the use of the Atera’s Service other than in accordance with its manuals, specifications or documentation or in violation of any of its terms and polices; (vi) Client’s or Client’s end-users’ equipment, service or other technology and/or third party equipment, software or other technology; and/or (vii) resulted from the combination of the Atera’s Service with equipment or service not authorized or provided by Atera or otherwise approved by Atera in the Service manuals, specifications or documentation.

“Monthly Uptime Percentage” means the monthly uptime of the Core Service expressed as a percentage, calculated based on the total number of minutes in a calendar month, minus the Downtime Period, divided by the total number of minutes in a calendar month.

3. Service Level Commitment.

During the term of the Agreement, Atera will use commercially reasonable efforts to make the Core Service available with a Monthly Uptime Percentage (defined below) of at least 99.9% during each calendar month.

4. Sole Remedy. If Atera does not meet the Monthly Uptime Percentage set forth above for a given calendar month, the Client’s exclusive remedy shall be for a service credit as set forth below, calculated on a calendar-month basis: (“Credit”).

The Credit shall be calculated by multiplying the applicable credit percentage as shown in the table above by: (i) the monthly fees payable by Client to Atera in the calendar month in which the Downtime Period has occurred (if

Client has a monthly Subscription Plan); or (ii) by 1/12 of the annual fees payable by Client to Atera (if Client has an annual Subscription Plan). If Client purchased and paid for the Service through a Reseller, then such monthly fees or annual fees calculations shall be based on the fees payable by the applicable Reseller to Atera.

Credit shall be issued to Client’s balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account. To apply for a Credit, Client must submit a ticket via email to [email protected] within 30 days of the last day of the month in which the Downtime Period occurred. The ticket must include (i) “SLA Claim” as the subject of the ticket; (ii) the dates and times of the Downtime Period for which Client is requesting credit; and (iii) applicable information, if any, that documents the claimed Downtime Period.

No credit under this Section is due unless Client (a) timely paid all fees due to Atera; (b) has not committed an uncured, material breach of, and is in compliance with, the Terms; (c) is not in breach of the Terms; and (d) cooperates with Atera’s technical support team’s assessment of issues and root causes, including via provision of relevant information that is not otherwise available to Atera. Failure to comply with these requirements will forfeit such Client’s right to receive Service Credits.

5. Support Response Times