# Service Level Agreement

Version: October 14, 2026

## About this Service Level Agreement

This Service Level Agreement forms part of every Platform License Agreement between Mindsmiths, Inc. and a Customer, together with the Terms of Service (www.mindsmiths.com/terms-of-service), the Data Processing Addendum (www.mindsmiths.com/data-processing-addendum) and the Security Addendum (www.mindsmiths.com/security-addendum). It sets out the availability commitment for the Mindsmiths Platform, the Remedy Credits that apply when it is not met, incident severities and response times, planned maintenance, and recovery and backup objectives. The same Service Level Agreement forms part of the agreements of Mindsmiths d.o.o. with Customers based in the European Union.

The version in force on the Effective Date of a Platform License Agreement forms part of that agreement; any change to it requires a written amendment signed by both parties. Mindsmiths may publish new versions for future agreements.

The following is the Service Level Agreement incorporated in every Platform License Agreement with Mindsmiths, Inc.

## 1. Service Commitment

1.1. **Availability commitment.** Mindsmiths will use commercially reasonable efforts to make the Platform services available with a monthly uptime percentage of at least 99.0% during any calendar month (the "Service Commitment").

1.2. **Monthly Uptime Percentage.** "Monthly Uptime Percentage" for any calendar month is calculated as:

Monthly Uptime Percentage = ((Total Minutes − Unavailable Minutes) ÷ Total Minutes) × 100

where "Total Minutes" is the total number of minutes in the relevant calendar month, and "Unavailable Minutes" is the total number of one-minute intervals in that month classified as Unavailable under §1.3, excluding any interval excluded under §3 (Exclusions).

1.3. **Unavailability; error-rate measurement.** Availability is measured on a request basis, by reference to the error rate of operations processed by the Platform, as follows:

(a) “Valid Operation" means each inbound interaction submitted to the Platform for processing, namely an inbound user message sent through a Channel or an external API request submitted by Customer, that conforms to the Platform documentation and operational guidance. Each inbound interaction is assessed as a single Valid Operation by reference to its terminal outcome under (b). Inbound interactions that do not conform, including malformed requests and interactions rejected for Customer factors under §3(b), are not Valid Operations and are disregarded for the purpose of this §1. Proactive operations originating from the Platform are governed separately by §1.14 (Proactive Initiation Timeliness).

(b) "Failed Operation" means a Valid Operation that the Platform fails to carry to a terminal outcome because of a cause within Mindsmiths’ direct control, namely where the Platform fails to accept the interaction for processing, where processing of the inbound interaction is aborted by an internal error that is not resolved by the Platform’s retry, failover or other contingency measures, or where the interaction is not processed to any terminal outcome within the maximum processing time published in the Platform documentation for the relevant operation type. A Valid Operation that the Platform processes to an intended terminal outcome is not a Failed Operation, whether that outcome is an outbound response, a deliberate decision not to respond, suppression under consent rules, routing to a human agent or external system, or any other disposition provided for in the documentation. The maximum processing time is measured to the point at which the Platform reaches a terminal disposition, and not to delivery; a decision to respond after a delay or at a scheduled later time is itself a terminal disposition, reached when the decision is made. For the avoidance of doubt, the non-return of an outbound result is not, of itself, a Failed Operation. Failure of a Channel delivery partner to deliver a message after the Platform has dispatched it is excluded under §3(d) and is not a Failed Operation.

(c) "Error Rate" for any one-minute interval means the number of Failed Operations in that interval divided by the total number of Valid Operations in that interval. An interval in which there are no Valid Operations has an Error Rate of zero.

(d) "Error Rate Threshold" is five per cent (5%).

(e) A one-minute interval shall be deemed an "Unavailable Minute" where:

(i) twenty (20) or more Valid Operations occurred during that interval and the Error Rate exceeds the Error Rate Threshold; or

(ii) fewer than twenty (20) Valid Operations occurred during that interval and two (2) or more Failed Operations occurred.

A "Downtime Period" means one (1) or more consecutive Unavailable Minutes.

(f) An interval that falls within any category in §3 (Exclusions) — including Scheduled Maintenance, Customer factors, subcontractor and Channel-delivery-partner failures, Force Majeure, suspension, and beta/preview features — is not counted as an Unavailable Minute.

1.4. **Measurement system of record.** Monthly Uptime Percentage is measured by Mindsmiths’ production monitoring systems, which are the system of record for availability. Where Customer’s own monitoring indicates a discrepancy, the parties will compare records in good faith; Mindsmiths’ monitoring data prevails absent manifest error.

1.5. **Availability reporting.** On Customer’s reasonable written request, Mindsmiths will provide a summary availability report for any month in which Customer believes the Service Commitment was not met, sufficient to verify the Monthly Uptime Percentage and any applicable Remedy Credits.

1.6. **Remedy Credit entitlement.** Where the Monthly Uptime Percentage for a calendar month is below 99.0%, Customer is entitled to Credits by way of remedy ("Remedy Credits"), calculated as a percentage of the Credits Customer consumed in that month, as set out below:

| Monthly Uptime Percentage | Remedy Credits (% of Credits consumed in the month) |
|---|---|
| Below 99.0% but at or above 98.0% | 10% |
| Below 98.0% but at or above 95.0% | 25% |
| Below 95.0% | 50% |

1.7. **Issuance and review**

(a) Mindsmiths monitors the Monthly Uptime Percentage and will issue any Remedy Credits due for a calendar month to Customer’s account within thirty (30) days after the end of that month, without any claim or request by Customer. Mindsmiths will notify Customer of the calendar month concerned, the Monthly Uptime Percentage for that month and the quantity of Remedy Credits issued.

(b) Where Customer considers that Remedy Credits have not been issued, or have been issued in a quantity lower than that due, Customer may notify Mindsmiths in writing at security@mindsmiths.com within thirty (30) days after the end of the period referred to in §1.7(a), identifying the calendar month concerned and the Downtime Periods relied on, together with any supporting evidence (for example, error logs or monitoring records) reasonably available to Customer.

(c) Mindsmiths will review the notification against its monitoring records (§1.4) and confirm or decline any further Remedy Credits, with reasons, within thirty (30) days of receipt. Any further Remedy Credits confirmed are issued within fifteen (15) days of confirmation.

1.8. **Use and expiry**

(a) Remedy Credits expire twelve (12) months after issue. Remedy Credits issued in respect of one month are separate from those issued in respect of any other month and expire separately. The expiry of unused monthly Credits at the end of each calendar month under the Platform License Agreement does not apply to Remedy Credits.

(b) Credits are spent in the order in which they expire, soonest first. Consumption is invoiced, whether as Overage or under the On-Demand Plan, only once all of Customer’s unexpired Credits, including Remedy Credits, have been spent.

(c) Remedy Credits remaining unused at expiry lapse. On expiry or termination of the Platform License Agreement for any reason, all unused Remedy Credits lapse, and no data export or wind-down period extends the period in which they may be used. Remedy Credits are not redeemable for cash, have no monetary value, are non-transferable, do not count towards any Annual Minimum Commitment, do not affect the Price per Credit applicable to Customer, and confer no right to a refund, reduction or set-off against any fee.

(d) The balance and expiry of Customer’s Remedy Credits are available to Customer through the Platform dashboard.

1.9. **Good standing.** Mindsmiths will not issue Remedy Credits while Customer’s account is not in good standing or any undisputed Platform fees are overdue. Remedy Credits not issued by reason of this §1.9 are issued within fifteen (15) days of the account being brought current, and lapse if the account is not brought current within sixty (60) days after the end of the month to which they relate.

1.10. **Sole and exclusive remedy.** Except for Customer’s termination rights under §1.11 and any remedies expressly reserved under the Data Processing Addendum (www.mindsmiths.com/data-processing-addendum) or Security Addendum (www.mindsmiths.com/security-addendum) (including in respect of a Personal Data Breach), the Remedy Credits described in §1.6 to §1.9 are Customer’s sole and exclusive remedy, and Mindsmiths’ entire liability, for any failure by Mindsmiths to meet the Service Commitment or any other availability target under this Service Level Agreement. Customer is not entitled to any refund, monetary credit, reduction or set-off of fees, or damages in respect of any such failure.

1.11. **Chronic unavailability; termination.** Customer may terminate the Platform License Agreement, and with it all then-current Term Commitments, for cause, by written notice given within thirty (30) days of the triggering event, if either:

(a) the Monthly Uptime Percentage falls below 95.0% in any single calendar month; or

(b) the Monthly Uptime Percentage falls below the Service Commitment (99.0%) in any three (3) months within a rolling six (6)-month period.

1.12. **Effect of termination.** On termination under §1.11, Mindsmiths will refund to Customer any prepaid fees covering the remainder of all then-current Term Commitments, calculated from the effective date of termination. Remedy Credits already issued remain available for use up to the effective date of termination and thereafter lapse under §1.8(c).

1.13. **Relationship to other rights.** The termination right in §1.11 is in addition to, and does not limit, Customer’s rights and Mindsmiths’ obligations under the Platform License Agreement, the Data Processing Addendum, or the Security Addendum, including any rights arising from a Personal Data Breach.

1.14. **Proactive Initiation Timeliness**

(a) **Scope.** This §1.14 governs operations originating from the Platform rather than from an inbound interaction. Proactive Operations are measured under this §1.14 and are not included in the Monthly Uptime Percentage under §1.

(b) **Definitions.** "Proactive Operation" means an operation originating from the Platform rather than from an inbound interaction. "Due Window" means the period within which a Proactive Operation's configured trigger provides for it to be executed; where the trigger specifies a single instant, the Due Window is that instant (a zero-length window), and where it specifies a range, interval or best-time window, the Due Window is that period. "Window Close" is the end of the Due Window. A Proactive Operation whose Window Close occurs within the relevant calendar month is a "Due Proactive Operation". A Proactive Operation is "Initiated" when the Platform has evaluated its trigger and started the steps configured for it. The "Grace Window" is fifteen (15) minutes.

(c) **Timeliness commitment.** Mindsmiths will, in each calendar month, Initiate at least ninety-nine per cent (99%) of Due Proactive Operations no later than the Grace Window after their respective Window Close (the "Timeliness Commitment"). A Proactive Operation Initiated within its Due Window, or within the Grace Window after Window Close, is treated as on time regardless of any transient unavailability of the proactive subsystem beforehand; accordingly, a brief interruption that is recovered such that the operation is still Initiated within that period does not count against the Timeliness Commitment.

Mindsmiths will evaluate Due Proactive Operations at no less than the minimum evaluation rate published in the Platform documentation, whether evaluation results in Initiation or in suppression, and may evaluate them at a higher rate. Where the number of Proactive Operations due at or about the same time exceeds that rate, the Platform evaluates them in order as capacity permits and, for the purpose of the Timeliness Percentage, the Window Close of each such operation is treated as the later of (i) its Window Close and (ii) the time at which the Platform, evaluating in order at no less than that rate, would reach that operation. A failure to evaluate at that rate is measured through the Timeliness Percentage and remedied under §1.14(g).

(d) **Timeliness Percentage.** "Timeliness Percentage" for a calendar month is the number of Due Proactive Operations Initiated no later than the Grace Window after their Window Close, divided by the total number of Due Proactive Operations in that month, expressed as a percentage. Operations falling within any §3 (Exclusions) category are likewise excluded.

(e) **Coverage.** A Due Proactive Operation that is neither Initiated nor correctly suppressed by the end of the calendar month counts as not Initiated in time for the purpose of §1.14(d). A Proactive Operation that is Initiated but does not reach its intended terminal outcome because of an internal error within Mindsmiths' direct control that is not resolved by the Platform's retry, failover or other contingency measures likewise counts as not Initiated in time for the purpose of §1.14(d).

(f) **Channel delivery excluded.** Where a Proactive Operation results in an outbound message, failure of a Channel delivery partner to deliver that message after the Platform has handed it to the partner is excluded under §3(d) and does not count against the Timeliness Commitment.

(g) **Remedy Credits.** Where the Timeliness Percentage for a calendar month is below the Timeliness Commitment, Customer is entitled to Remedy Credits equal to ten per cent (10%) of the Credits Customer consumed in that month. Remedy Credits under this §1.14 are subject to the issuance and review procedure in §1.7, the use and expiry terms in §1.8, the good-standing condition in §1.9, and the sole-and-exclusive-remedy provision in §1.10. Where the same calendar month gives rise to Remedy Credits under both §1.6 and this §1.14, the entitlements are aggregated and issued together.

## 2. Severity Classifications

2.1. Mindsmiths classifies incidents by severity. Response Time and Time To Recovery targets apply per the table below. Time To Recovery targets apply only to Platform components under Mindsmiths' direct control and do not cover the systems of subcontractors (see §4).

| Severity | Description | Examples | Response Time | Time To Recovery |
|---|---|---|---|---|
| High | An incident materially affecting users of Customer's User Experiences | User message processing failure; message delivery failure across one or more Channels; Customer dashboard inaccessible | < 2 hours | < 3 hours |
| Medium | An incident affecting Customer's Builder Team or Customer administrative operations, with no direct user impact | Dashboard issues; failure to update knowledge base content, User Experience deployment failures | < 4 hours | < 8 hours |
| Low | An incident with no Customer or user impact | Internal logging or monitoring tool issues; transient internal infrastructure issues; service stability concerns not affecting Customer | — | < 24 hours |

Mindsmiths shall maintain and follow documented escalation procedures for High Severity Incidents. Where a High Severity Incident is not resolved within the applicable target resolution time, Mindsmiths shall ensure that the incident is escalated internally in accordance with its Security Incident Management Policy and shall keep the Customer reasonably informed of material developments until resolution.

## 3. Exclusions

The Service Commitment does not apply to downtime caused by:

(a) Scheduled Maintenance — planned interruptions communicated under §5;

(b) Customer factors — Customer's own systems, configurations, integrations, code, or User Experiences; Customer's failure to follow Platform documentation or operational guidance; Customer reaching any limit it has configured on Credit consumption or spend, or applicable rate limits;

(c) Third-party service failures — interruptions caused by third-party infrastructure or service providers engaged by Mindsmiths (including cloud hosting and foundation-model providers), to the extent the interruption is outside Mindsmiths' reasonable control and is not attributable to Mindsmiths' integration or configuration, and provided that Mindsmiths has maintained the failover, retry and contingency measures described in §4.1. Subcontractor interruption notification is governed by §4;

(d) Channel delivery partner failures — interruptions caused by Channel delivery providers (e.g., WhatsApp, SMS, email termination providers), which are outside Mindsmiths' direct control;

(e) Force Majeure — events beyond Mindsmiths' reasonable control, as defined in the Platform License Agreement;

(f) Customer breach or suspension — downtime occurring during a period in which Customer is in material breach of the Platform License Agreement, DPA or Security Addendum, or during a period of suspension under the Platform License Agreement;

(g) Beta or preview features — features designated by Mindsmiths as "beta," "preview," or similar non-production designation.

## 4. Subcontractor Service Failures

4.1. Mindsmiths does not guarantee constant availability of subcontractor services and absorbs brief subcontractor interruptions through automatic failover, retry and other contingency measures.

4.2. Mindsmiths will notify Customer where a subcontractor interruption:

(a) is not fully mitigated by such measures; and

(b) materially affects the availability of the Platform to Customer for a continuous period of more than thirty (30) minutes.

4.3. Notification under §4.2 will be delivered within twenty-four (24) hours of both conditions being met, with the information then available; further information will be provided in stages without undue delay as it becomes available. Where reasonably practicable, Mindsmiths will activate contingency measures, including switching to backup systems or to alternative approved subcontractors.

4.4. Subcontractor-caused downtime is excluded from the Service Commitment under §3(c). Mindsmiths' obligations under this §4 apply notwithstanding that exclusion.

## 5. Planned Maintenance

5.1. **Notice.** Mindsmiths will notify Customer in writing of any planned Platform interruption that will cause downtime at least seven (7) calendar days in advance. Maintenance activities that do not cause Platform interruption are performed without prior notice. Notices under this §5 are delivered by email from notifications@mindsmiths.com to the email address(es) notified by Customer to Mindsmiths in writing for this purpose, or in the absence of such notification, to the email address of the Customer signatory of the Platform License Agreement.

5.2. **Scheduled maintenance window.** Mindsmiths reserves a recurring maintenance window for routine upgrades, security patches, and infrastructure maintenance. Mindsmiths will use commercially reasonable efforts to schedule planned maintenance during periods of low Customer activity.

5.3. **Emergency maintenance.** Mindsmiths may perform emergency maintenance without prior notice where required to address a security vulnerability, breach, or imminent service degradation. Mindsmiths will notify Customer as soon as reasonably practicable.

## 6. Unplanned Interruption Procedure

In the event of an unplanned Platform services interruption, Mindsmiths will follow this remediation plan to restore Platform service and mitigate impact:

(a) Initial notification — Upon Mindsmiths' detection of a Platform services interruption, or upon Customer's report of an interruption to Mindsmiths, Mindsmiths will notify Customer within the response time defined for the incident severity in §2, providing as much information as available about the interruption and the planned response. Notification is delivered to the Customer security or operational contact designated in writing for this purpose, or in the absence of such designation, to the email address of the Customer signatory of the Platform License Agreement;

(b) Initial assessment — Mindsmiths will conduct a preliminary assessment within the response time defined for the incident severity to determine the cause and anticipated duration;

(c) Contingency activation — Mindsmiths will activate appropriate contingency measures to minimize Platform service disruption, which may include switching to backup systems, reallocating resources, or other relevant actions;

(d) Status updates — During an unresolved incident, Mindsmiths will provide status updates to Customer at the following default intervals: for High severity incidents, no less frequently than every two (2) hours; for Medium severity incidents, no less frequently than every four (4) hours; for Low severity incidents, no less frequently than once per business day. Customer and Mindsmiths may agree to stricter intervals in writing for a specific incident;

(e) Platform services restoration — Mindsmiths will endeavor to restore the Platform to full functionality within the Time To Recovery defined for the incident severity, subject to the nature and severity of the interruption;

(f) Post-restoration review — After the Platform services are restored, Mindsmiths will conduct an analysis of the cause, the response, and the steps to prevent future occurrences. A summary will be made available to Customer on reasonable request.

Notification of a Personal Data Breach affecting Customer Personal Data is governed by the Security Addendum (72-hour notification) and is independent of, and additional to, the availability notification commitments set out in this §6.

## 7. Recovery Objectives

7.1. **Recovery Time Objective (RTO).** Mindsmiths targets restoration of Platform services to normal operation within three (3) hours following declaration of a high-severity incident affecting production components under Mindsmiths' direct control.

7.2. **Recovery Point Objective (RPO).** Mindsmiths targets a maximum data loss window of one (1) hour.

7.3. **Scope.** Recovery Objectives apply to production components of the Platform under Mindsmiths' direct control. Recovery of subcontractor systems is governed by the subcontractor's own service levels and is excluded from the Recovery Objectives.

7.4. **Testing.** Recovery procedures are documented and exercised in accordance with Mindsmiths' Data Backup Policy and disaster recovery procedures. Summary results of recovery procedure exercises are available to Customer upon reasonable request, subject to confidentiality obligations.

## 8. Backups

8.1. **Backup cadence.** Customer Data is backed up on at least a daily basis. Backup cadence supports the Recovery Point Objective set out in §7.2.

8.2. **Backup integrity.** Backup integrity is verified through restoration testing. Backup restoration procedures are exercised in accordance with Mindsmiths' Data Backup Policy.

8.3. **Backup retention.** Backup retention windows are governed by Mindsmiths' Data Backup Policy, which is available to Customer upon reasonable request, subject to confidentiality obligations.

8.4. **Backup controls.** Encryption and geographic location of backups are governed by the Security Addendum §11.

## 9. Contact

For Service Level Agreement related communications, operational incident reports, status updates, day-to-day Service Level Agreement inquiries, contact point is security@mindsmiths.com

© 2026 Mindsmiths, Inc.