Published: February 18, 2026

1. Additional Definitions
   “Available” means the Services are available and operable for access and use by Customer over the Internet in material conformance with the specifications contained in the Agreement. The Services are not considered Available in the event of any performance degradation or inoperability of the Services, in whole or in part, except as a result of an Exception.
   
   “Exception” means any one or more of the following: (i) Customer's misuse of the Services in violation of the terms of the Agreement; (ii) failures of Customer’s Internet connectivity which are not caused by Transcend; (iii) widespread Internet or other network traffic problems other than problems arising in or from networks actually provided or required to be provided or controlled by Transcend, if applicable; (iv) a Force Majeure Event; (v) Customer's failure to meet any minimum hardware or software requirements set forth in the Agreement; or (vi) Scheduled Downtime; (vii) slowness or other performance issues with individual features (including link expansions, search, file uploads, exports); (viii) issues that are related to external applications or third parties; or (ix) any Trials or Betas or features offered on a no charge or evaluation basis.
   
   “SLA Warranted Services” means the Admin Dashboard, Backend API, and Multi-Tenant Sombra made available as part of the Services (to the extent Customer’s configuration includes such features).
   
   
2. Availability Requirement. Subject to the Exceptions set forth below, Transcend will use commercially reasonable efforts to make the SLA Warranted Services Available for 99.99% of each month (the “Availability Requirement”). Customer may view and subscribe to uptime and incident updates at status.transcend.io.
   
   
3. Scheduled Downtime. Transcend will notify Customer in writing at least seventy-two (72) hours in advance of all scheduled outages of the Services in whole or in part (“Scheduled Downtime”). All such scheduled outages will: (a) last no longer than one (1) hour; and (b) occur no more frequently than once per week; provided that Transcend may request Customer’s approval for extensions of Scheduled Downtime beyond such permitted periods, such approval not to be unreasonably withheld or delayed. If Transcend’s Scheduled Downtime exceeds one (1) hour or occurs more frequently than once per week, with the exception of Scheduled Downtime extensions approved by the Customer, the Services will then no longer be considered Available.
   
   
4. Special Termination Right. As Customer’s sole and exclusive remedy for any failure of the SLA Warranted Services to achieve the Availability Requirement, in the event that Transcend fails to meet the Availability Requirement in two (2) consecutive months or in any three (3) of six (6) consecutive months, Customer may terminate the Agreement upon written notice to Transcend and will receive as its sole remedy a refund of any fees Customer has pre-paid for use of the Services for the terminated portion of the applicable Subscription Term. Customer must exercise this termination right within thirty (30) days of reasonably becoming aware of a Services failure or such right will be deemed waived.