Nozomi Networks Service Level Agreement.

Last Updated: April 25, 2025‍

1. This Service Level Agreement (“SLA”) is between Nozomi Networks, Inc. (“Nozomi Networks” and the entity identified in the applicable Order (hereinafter “End User”). This SLA is made a part of and is supplemental to the Nozomi Networks End User License Agreement (“Agreement”). In addition to this SLA, End User shall comply with the Amazon Web Services Acceptable Use Policy found at https://aws.amazon.com/aup/. Capitalized terms used in this Agreement not otherwise defined herein have the meanings given to them in the Agreement or Order,as applicable. Nozomi Networks reserves the right to change the terms of this SLA in accordance with the Agreement. 

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2. Service Level Commitment. Nozomi Networks will use commercially reasonable efforts to make the Subscription Services available at least 99.89% of the time during any full calendar month in End User’s production environment excluding any Permitted Downtime as defined below. (“Availability Commitment”). The Availability Commitment is calculated as follows:

Availability Commitment % = 100% x (Total Minutes in the Month – Total Minutes Unavailable in the Month) / Total minutes in the Month

3. The Availability Commitment does not apply to sandbox, beta and other test environments. The Subscription Services will be deemed to be unavailable only if the End User is unable to login in to the Subscription Services and access core functionality (“Unavailable”). The Subscription Services will not be deemed Unavailable for any downtime or outages relating to: (i) an End User Outage Event, (ii) equipment, applications, interfaces, integrations, or systems not owned by Nozomi Networks, or service not offered by Nozomi Networks or (iii) a Force Majeure Event (collectively, “Permitted Downtime”). "End User Outage Event" means a period of time in which the Subscription Services are not available due to acts, omissions or requests of End User, including without limitation (a) configuration changes in, or failures of, the End User end of the network connection, (b) work performed by Nozomi Networks at End User’s request, (c) End User’s unavailability or untimely response to incidents that require its participation for source identification and/or resolution, or (d) End User’s failure to provide Nozomi Networks with any requested physical or remote access to any End User facilities, equipment or personnel.

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4. Emergency Maintenance. Nozomi Networks may perform emergency maintenance for which Nozomi Networks will use commercially reasonable efforts to notify End User at least twenty-four (24) hours in advance. For the avoidance of doubt, if the Subscription Services are Unavailable due to emergency maintenance, such Unavailability will be included in the Availability Commitment calculation.

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5. Credits. For each full calendar month in which Nozomi Networks fails to meet the Availability Commitment of at least 99.89% (a “Service Level Failure”), End User shall receive a service level credit equal to an amount determined in accordance with this following schedule (“Service Level Credit”). The Service Level Credit shall be calculated as the applicable percentage outlined below multiplied by the annual subscription fee paid by End User for the then current annual period divided by twelve (12):

Service Level Credits will be issued to the End User in the form of a credit applied toward outstanding fees owed under the Agreement. The Service Level Credits stated herein are End User’s sole and exclusive remedy (and Nozomi Networks’ sole liability) for any claims in connection with this Service Level Agreement.

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6. Reporting and Confirmation. End User must contact Nozomi Networks to report Subscription Services outages by emailing support@nozominetworks.com. End User must log an incident within three (3) business days following any time in which the Subscription Services are Unavailable, along with the following information, in order for the applicable minutes to be applied towards the Availability % calculation: (i) The manner in which the Subscription Services are not available; and (ii) The date and time in which the Subscription Services first became not available. Failure to provide such notice will forfeit the right to receive Service Level Credits. Provided such notice is timely given, Unavailable minutes will be calculated from the starting time of the incident until the time the incident is resolved by Nozomi Networks. Upon receipt of End User’s notification, Nozomi Networks will verify End User’s report through any available system logs and records.