ASTARA CONNECT PLATFORM GENERAL SUBSCRIPTION TERMS AND CONDITIONS 

PREAMBLE: DEFINITIONS 

• API key: Unique identifier chain primarily intended to identify API client traffic. 
• Credit: Pre-established payment method that assigns the consumption of information to a cost per call to the database. This is an amount of money or resources allocated to each account so that it can be used according to the user’s consumption needs.  
• ExVe: or Extended Vehicle (extended vehicle). It consists of a physical road vehicle with external software and hardware extensions developed, implemented and managed by the vehicle manufacturer. 
• Geofence: virtual geographic boundary, defined by GPS or RFID technology, which allows the software to activate a response when a mobile device enters or leaves a given area. 
• Geolocation: ability to obtain the actual geographic location of an object. 
• Hardware: (also called a device) equipment or hardware that allows telemetry to be obtained from an object. 
• Link: Mobility flow automation service available at ASTARA CONNECT. 
• OEM: original equipment manufacturer. It is a company whose products are used as components in the products of another company, known as a value-added reseller. 
• Onboarding: process by which new users of ASTARA CONNECT are facilitated to start using the platform reducing the initial friction. 
• POI: Point of Interest or Point of Interest. 
• Telemetry: at least one latitude, longitude and timestamp for a given tracker/tracker. Depending on connectivity, various other types of data can be recorded (speed, consumption, engine status, ...). 
• Tracker: device connected to an active or sensor that sends information related to latitude, longitude, time stamp and telemetry. 
• Upgrade: action to improve or expand the features, capabilities or resources available in an account. It involves acquiring a higher subscription level or plan that offers additional functionality, greater storage extension, and access to advanced features. The upgrade allows users to unlock more tools and resources to meet their specific needs within ASTARA CONNECT. 

The present general conditions of the Astara Connect Platform, (hereinafter the "General Conditions") apply between Astara Move S.L.U., with registered office in Avda. de Bruselas, 32. 28108, Alcobendas (Madrid), and entered in the Commercial Register of Madrid and with NIF B-88349345, (hereinafter "Astara"),8 and the Customer duly registered in the Platform ( hereinafter "Customer or User") 

1. Purpose and scope of application. 

These general subscription conditions (hereinafter referred to as the "General Conditions") regulate the terms and conditions for the provision of geospatial location services for different assets, as well as for different tools or associated functionalities, through a Platform or API (hereinafter "Platform"), for varying periods depending on the subscription chosen by the Customer (hereinafter "Services"). 

The Platform has associated functionalities related to mobility, which the Customer may choose to contract. 

The Customer may also select the subscribed mode for the connectivity associated with the geospatial location. Through the Platform, the Customer can link its assets, being able to access the data of that asset provided through the ExVe (Extended Vehicle) of the OEM (essential brand/model/connected version, as well as user availability authorized by the brand) or by means of hardware, for limited purposes and subject to the terms of use of the data according to the modality and separately. 

The acceptance of these General Conditions implies the express acceptance of them by the Customer and will be understood as perfected at the time the Customer finishes the subscription procedure, it is understood that the monitoring of all stages of the electronic subscription procedure and the inclusion of all the requested data, together with the payment, if any, in a satisfactory manner, a direct demonstration of the Customer’s willingness to accept these General Conditions.  

2. Temporal and territorial scope. 

2.1. Temporal scope of application 

The Services are contracted for successive periods, with automatic extension, of one (1) month, without permanence (these conditions do not apply to additional hardware contracting). The Customer may unsubscribe at least DIAS (10) calendar days prior to the end of the billing period. If the cancellation is not made within the minimum period indicated, the Customer will be charged for the corresponding monthly amount, in accordance with Conditions 4. and 5.  

Unless you notify us prior to a charge that you wish to cancel your subscription within the stated period of TEN (10) calendar days prior to the fulfillment of ONE (1) month since the last renewal or do not want automatic renewal, you understand that your subscription to the services will be automatically renewed for the same period of time as your initial purchase and you authorize us (without notice, unless required by applicable law) to collect the applicable subscription fee and any taxes using any eligible payment method we have registered for you. 

2.2. Territorial scope of application 

The conditions reflected in the General Terms shall apply to any user of the platform regardless of their geographical location. All activities, transactions and obligations under this Agreement shall have effect in any country, region or territory of the world without limitation.  

The parties agree to submit to the jurisdiction of the courts as reflected in point 11 of the General Terms to resolve any dispute arising in connection with this contract. 

3. Obligations of the parties 

3.1.  Obligations of Astara 

Astara is committed to:  

1. To provide the Services during the conditions determined in the Specific Terms. 
2. Assign the devices as an intermediary of the external supplier, in case the assignment is contracted in the Specific Terms. 
3. Ensure the proper functioning of both the Platform and the associated devices, if the transfer of these is contracted. Astara undertakes to make every effort to maintain an acceptable level in the performance of its contractual obligations, without prejudice to the fact that it cannot guarantee, explicitly or implicitly, the continuity of the Services at any given time, given the current state of the art. 

3.1. Obligations of the Customer 

The Customer, in addition to the obligations contained in these General Conditions, undertakes to: 

1. Not to commercially exploit the Platform; 
2. Not to allow actions of reverse engineering, disassembly or decompile the Platform by its employees, suppliers or collaborators; 
3. Do not use the Platform alongside malicious programs that may affect its operation. 
4. Limit the use of the Services to authorized users. 
5. Return the devices to a state similar to the one they were delivered to. 

4. Price 

The corresponding price of the Services may vary depending on the subscription selected by the Customer and the specific connectivity needs, as set out in headings 6 and 13 of the General Terms. Each monthly payment will be paid by the month due, from the day of subscription registration. In the event of default, the Customer shall have an additional period of FIVE (5) calendar days to fulfil its payment obligations. After this period, the Services will be immediately suspended. 

The external connectivity service charge will apply for a full month, as established by the data provider. This means that it will be charged for the entire month, regardless of when the Customer begins or ends its use, or the day the Customer cancels service. This charge will be reflected on your monthly bill under these conditions. 

By initiating the subscription, Customer acknowledges and accepts that the monthly amount is non-refundable. This monthly amount covers continuous access to the services offered by the Platform during the subscription period. The Customer understands that the monthly payment is mandatory to make access and that there will be no full or partial refund for unused subscription periods, regardless of whether the Customer chooses to cancel its subscription before the end of the monthly billing cycle. 

Astara reserves the right to modify the monthly rates at any time upon prior notice to the Customer, provided that any change in the rates will not affect the billing periods already in progress. The Customer understands and accepts that any change in fees will be effective at the beginning of the next monthly billing cycle after the Company’s notification. By continuing to use the Company’s services after any fare changes, Customer accepts the new applicable fare. 

5. Form of payment 

The payment of the amount corresponding to the Services contracted by the Customer shall be made by payment by credit card owned by the Customer or by bank receipt, unless otherwise expressly agreed between Astara and the Customer. By accepting these General Conditions, the Customer expressly consents to receive the invoice electronically. The electronic invoice will be sent to the Customer at the email address provided for this purpose.  

6. Conditions for contracting external software or acquiring hardware devices. 

In some cases, the use of the Services will require additional software or hardware to be purchased and licensed by the Customer in addition, this being specified in the Specific Terms. 

6.1. Responsibility. 

Astara acts as a mere intermediary between the end customer and the connectivity provider, providing a referral service and processing the operations necessary for its proper functioning. Any error, damage arising from your installation, warranty or possible claim will be the responsibility of the contracted supplier and should be addressed to it. 

6.2. Delivery of devices that are included in the contracted Services. 

As usual, the delivery and return of the devices will take place at the place determined by Astara, on the day and at the time agreed by Astara and the Customer. In addition, at the time of installation, the parties will leave written record of the status of the devices and the vehicle before and after installation.  

6.3. Costs arising from the use of hardware 

The contracting of additional hardware, if necessary for data collection, is subject to costs relating to the acquisition of the device.  

The acquisition of the device means a PVP of one hundred and forty-four euros -144€-. Astara will transfer the cost of the device to the cost of monthly connectivity (six euros - 6€- monthly within 24 months), included within the 10,50€ of connectivity cost reflected in the 11.4. table.

If the User decides to terminate the contract before the expiry of the 24 months, Astara will pass on to the User the remaining part corresponding to the device in the last billing period. 

7. Responsibility 

In the event of breach by the Customer of any of the obligations of these General Conditions and corresponding Specific Terms (hereinafter jointly designated as the "Contract"), Astara shall be entitled to claim all damages that have been caused to it, including the value of the devices, as well as all penalties or penalties that fall on Astara as a result of the Customer’s breach. 

The Customer assumes all responsibilities arising from its conduct, whether intentional, reckless or negligent, in the use of the Services; or for a use other than the purpose stipulated in the Contract. If any third party asserts against Astara any claim for damages caused by the use of the Services, the Customer shall assume its responsibility by exonerating Astara from such claims. 

8. Termination of Contract 

In addition to the legally provided causes, it will cause the early termination of the Contract, the breach by the Customer of the material obligations assumed under the same. The following shall be grounds for termination: 

• Failure by either party to perform the obligations arising from the Contract shall entitle the other party to terminate the Contract, provided that performance has been expressly requested in writing, and the failure is not remedied within a maximum period of seventy-two (72) hours. After that period without the breach having been remedied, the injured party may choose between continuing with the Contract or the termination of the Contract, without prejudice to the damages that apply in both cases. You may also request the termination, even after you have opted for the continuation of the Contract, when this is impossible. 
• Unilaterally by Astara: for lack of payment, and when they are being infringed, or there is prima facie evidence to determine that any legal norm could be violated, Astara may terminate the Contract immediately. 

In the event of termination of the Contract, the Customer is obliged to immediately return the devices that have been signed. Likewise, Astara may claim damages caused by such resolution. 

9. Protection of personal data 

In accordance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights and Regulation (EU) No 2016/679 of 27 April 2016, the Parties, on the basis of standing arising from the performance of this Agreement and the legitimate interest of both parties, and as personal data necessary to provide the Services, may process the personal data of the other Party subscribing to this, in systems and files duly reflected in the treatment register, all in strict compliance with current regulations on the protection of personal data. 

By signing this Agreement, the parties accept the processing of their personal data and confidential information, under the terms and conditions indicated herein. Each of the parties is informed that the contact details of its representatives and employees will be processed by the other party in order to allow the development, compliance and control of the agreed service relationship, where the legal basis for the processing is the performance of this Agreement and the legitimate interest of both parties in being able to fulfil those purposes, the data being retained for as long as it exists and thereafter, until any liability arising therefrom is prescribed. 

The data subject to the processing will consist of contact details of the parties and the information will be kept during the term of the Contract. These data will consist of: Name, email, telephone, company and professional position. The personal data provided or collected pursuant to the conclusion and execution of the Contract will not be communicated to third parties, except under legal obligation. 

The parties shall make international transfers of the personal data to which they have access. Either party may revoke their consent and exercise their rights of access, rectification, deletion, opposition, limitation, portability and not be subject to automated individual decisions, through written communication to the address of the other party providing a photocopy of the ID or equivalent document, specifying your request. 

Likewise, any party who considers that their right to the protection of personal data has been violated may file a complaint with the Spanish Data Protection Agency (www.agpd.es). 

Likewise, and in accordance with the Services provided under the Agreement, Astara will treat the User’s personal data under the provisions of ANNEX I. Additionally, through the following box the User: 

☐ i accept the transfer of my data by ASTARA MOVE S.L.U. to providers of connectivity systems and external mobility services for the purpose of access to the services provided by them and their dump to the ASTARA CONNECT Platform. 

The Platform relies on the collaboration of third-party service providers who have access to your personal data and who process the referred data in the name and on behalf of ASTARA MOVE, S.L.U. as a result of their provision of services. 

ASTARA MOVE, S.L.U. will contract the provision of services by third-party suppliers who carry out their activity, including and without limitation, in the following sectors: companies providing computer and technological services. 

International Transfers: Your personal data may be sent to third parties located outside the European Economic Area to provide services related to the products and services you have requested. Such transfers are made to countries for which the European Commission has declared the existence of an adequate level of data protection or on the basis of the adoption of one of the other appropriate safeguards provided for by the applicable rules. 

10. Intellectual property 

Under the Agreement, Customer only acquires the right to use the Platform and APIs, as well as all services derived from its consumption, and devices associated with its use. 

 Astara is the owner of all intellectual and industrial property rights and other similar rights over elements, technology, know-how, trademarks, logos and any other element, creation, invention or distinctive sign of the Platform, including its source code, creatives, designs and functionalities of the tool being prohibited its copying, reproduction, distribution, public communication of any of its elements without express consent by Astara. 

11. Applicable law and competent jurisdiction 

The Contract is governed by Spanish law. The parties submit, at their choice, for the resolution of conflicts and with waiver of any other jurisdiction, to the courts and tribunals of the city of Madrid. 

12. Subscription and contracted rate 

The User, hereinafter referred to as "Subscriber", when accessing and using the Platform and the different services derived from its use, agrees and subscribes to one of the following subscription options, with their respective monthly unit rates (hereinafter referred to as the "Subscription") and its particular conditions: 

12.1. BASIC subscription:  

• Unit cost per tracker of 7,50€ (without VAT). Includes connection for up to 1 tracker. 
• It is recommended to purchase a minimum of 500 credits for the consumption of mobility data, with a cost per credit of €0.0150.  
• The Subscriber can increase the number of credits by acquiring additional credits in advance through the Platform’s management panel, subject to additional costs. 
• The cost of tracker connectivity may vary and is subject to the table Costs arising from the optional activation of connectivity packages
• Data retention on the Platform is limited to 1 month. 

12.2. PRO subscription:  

• Unit cost per tracker of 12€ (without VAT). It includes the connection to the Platform for up to 50 trackers, in case you need to connect more, you should contact business@astaraconnect.com to evaluate the service requirements. 
• It is recommended to purchase a minimum of 1,000 credits for the consumption of mobility data, with a cost per credit of €0.0120. 
• The Subscriber can increase the number of credits by acquiring additional credits in advance through the Platform’s management panel, subject to additional costs. 
• The cost of tracker connectivity may vary and is subject to the table Costs arising from the optional activation of connectivity packages
• Data retention on the Platform extends to 3 months. 

These terms and conditions will be entered into when the account is created through the Platform. 

If you are interested in performing an "upgrade" of the initially contracted rate (from BASIC to PRO), you can manage it through the Platform in your personal space. 

In case of discrepancy between the price indicated in these and any external publication or platform, including, but not limited to websites, advertisements, social networks or other media, the price that will prevail will be the one that is current and correctly reflected within the administration panel of the Platform [beta.astaraconnect.com/help] Any other communication or information on prices will be considered null and void and will not have legal effect. 

Billing for all services associated with the Platform shall be based on points 4. and 5. of the General Terms. 

12.3. Monthly fees arising from the use of the Platform: 

12.4. Costs arising from the optional activation of connectivity packages 

The Customer may request the activation of the following connectivity packages external to the Platform, subject to additional costs and associated with the consumption of services of the data provider and reflected in the following table. 

The activation of data packets by Subscriber will give them access to the specific data types of their service provider. The information concerning each supplier is reflected in paragraph 14. 

Stellantis Group brands: Chrysler, Dodge, Jeep, Peugeot, Citroën, DS Automobiles, Opel / Vauxhall, Fiat, Abarth, Alfa Romeo, Lancia, Maserati and RAM Trucks. 

*Subject to the vehicle model having the characteristics necessary for the provision of connectivity services, as well as compliance by the User with the consent flow established by the data protection connectivity software provider. 

**Monthly unit price per tracker, excluding taxes. 

*** Subject to the prior installation of the devices necessary for the provider to provide connectivity services on the Platform.  

**** The amount referred to Targa connectivity includes the cost of connectivity (€4.5) and the purchase of the device prorated at 24 months, charging a monthly cost of €6 per connected device or vehicle. 

***** Connectivity prices will be coordinated and managed directly with each relevant provider. 

13. Typology of the data 

Access to the data type provided by each connectivity provider is available at: https://docs.astaraconnect.com/docs/normalizing-data  

The listed information shall be available on vehicles equipped with the respective sensor or signal, provided that the manufacturer’s package is active. 

For detailed information, see the conditions specified by each manufacturer. 

14. Access to information based on user role 

Within the Platform, each user typology will have access to different levels of information according to the role assigned to it. 

During the process of "onboarding" the initial user will be assigned by default the role of OWNER, and it will be that user who assigns the role of new additions at his discretion, and may be modified in the future within the management panel of the Platform. The different levels of access are: 

15. Processes for verifying the connectivity of a vehicle 

Connectivity to the Platform is subject to verification of a vehicle’s ability to connect to its brand for mobility information. This connection will depend on the type of vehicle, year of manufacture and services/software, and will be reviewed directly with the manufacturer.  

15.1. Connectivity to Mercedes-Benz Connectivity Services: 

In order to verify the legality of the information provided and ensure data protection, the connection to Mercedes-Benz Connectivity Services is additionally subject to: 

Control measures prior to connection of new vehicles: 

• The odometer reading shall be provided to verify the compatibility of the connection. 
• In addition, Mercedes-Benz Connectivity Services requires to attach the vehicle’s documentation (registration certificate) within 7 days of registration to verify the vehicle’s ownership. After this period, the vehicle data will not be accessed and, after the check-in period, it will be disconnected from the platform.
• Regular control measures for connected vehicles:  
• Quarterly, the list of operating vehicles must be confirmed by email, as well as send to Mercedes-Benz Connectivity Services the documentation of 50% of them (randomly selected by Astara). 

15.2. Connectivity to BMW Car Data: 

The connection capability of BMW vehicles will be verified through the My BMW app, following the following process: 

1. Access to My BMW website or download app: 

• https://www.bmw.es/es/topics/my-bmw-start.html 
• https://www.bmw.es/es/topics/offers-and-services/my-bmw-app.html 

1. Registration on the BMW Connected Drive platform. 
2. Activation of the vehicle ID on the platform. 
3. Activation of the profile from the vehicle. 
4. Acceptance of authorization to share vehicle data on the platform, following the link received by email. 

15.3. Connectivity to Stellantis: 

To ensure the legality of the information provided and safeguard data privacy, it is necessary to comply with the following conditions when connecting to the Stellantis Group Connectivity Services:  

1. Provide the unique vehicle identifier corresponding to the frame number (VIN). 
2. If the vehicle has not created a contract on the connectivity platform of the Stellantis Group, Astara will create a contract with the rack number provided. 
3. Some brands and models of the Stellantis Group will require data transfer control and verification measures. 
4. Once identification and control measures have been completed, the top level of the service package available to the identified vehicle will be assigned. 

15.4. Connectivity to Targa: 

To ensure the legality of the information provided and safeguard data privacy, it is necessary to comply with the following conditions when connecting to the Connectivity Services of Targa devices through the Platform: 

1. Have a Targa device previously installed in the vehicle. 
2. Provide the unique vehicle identifier corresponding to the frame number (VIN), this vehicle must be previously registered on the Targa platform. 

Once registered with the Platform, you will be able to access the properties and actions available according to the configuration made in the vehicle during the installation of the device. 

15.5. Connectivity to Astrata: 

To ensure the legality of the information provided and preserve the privacy of the data, it is imperative to comply with the following conditions when accessing the Connectivity Services of Astrata devices through the Platform: 

1. Have an Astrata device previously connected to the vehicle. 
2. Such device must be registered on the Astrata platform with the unique device identifier (IMEI). 
3. The Platform shall record the vehicle with the same tracker identifier (IMEI) and previously registered on the Astrata platform. 

Once registered on the Platform you will be able to access the available properties of the tracker. These properties may vary by make and model of the vehicle. 

15.6. Connectivity to Cartrack: 

To ensure the legality of the information provided and preserve the privacy of the data, it is imperative to comply with the following conditions when accessing the Connectivity Services of Cartrack devices through the Platform: 

1. Have a Cartrack device previously connected to the vehicle. 
2. The device must be registered on the Cartrack platform with the unique device identifier (VIN or license plate). 
3. On the Platform it is necessary to register the credentials of the Cartrack account where the device is previously registered. 
4. Provide the Cartrack device identifier number (VIN or license plate) to link the device on the Platform. 

Once registered on the Platform you will be able to access the available properties of the tracker. These properties may vary by make and model of the vehicle. 

16. Level of service provision (Service Level Agreement) 

16.1. Availability of Platform and API  

Astara Connect, from now on, will provide at least 99.4% uptime availability per calendar month (Uptime Service Level). Availability will be measured 24/7/365. Cuts or interruptions caused by the Customer or cuts or interruptions attributable in whole or in part to force majeure or to data providers outside Astara Connect shall not be included in any measurement of the Uptime Service Level.  Scheduled maintenance incidents (duly reported to the Customer) and emergency maintenance incidents shall not be included in any Availability Service Level calculation.  

Interruptions that occur as a result of the Customer’s failure to comply with its obligations under this Agreement or to which Customer elements outside the control of the supplier contribute in a significant way (such as Customer equipment, connectivity, etc.) shall not be included in any Uptime Service Level measurement.  

All measurements shall be made at intervals of one (1) minute. Availability measurements will be performed by the supplier using automated monitoring tools. The Service will be "unavailable" as notified by the monitoring tool or if a user is unable to access the Platform or request data from the "endpoints" of the Service API at any time during the Agreement Period.   

In the event of experiencing errors when receiving data from connectivity providers, the Service will experience outages. It is excluded from this casuistry that the reason is the failure of the Customer to contract the terms of such service. If access to the Platform and/or API experiences cuts without affecting the ability of Customers to access or consult the information, it will only be considered for the SLA after 24 consecutive hours of unavailability. 

16.2. Attendance  

Customer service channels 

Customer support channels will be offered solely to cover the Services covered by the Agreement. Depending on the Service contracted, the provider will offer different levels of assistance: 

Use of the Platform and/or API: 

• Users shall use the Help/Help Desk area of the Platform to convey to the Provider through the form any technical doubts and failures that may arise from the normal functioning of the Platform and/or API (errors in normal operation, queries about use, etc.).  
• Through this form a support ticket will be opened with the Provider team.  
• The user will receive a response at the latest in 72h work (CET) after sending the form. 

Hardware:  

In the case of contracting hardware devices, the Provider acts as an intermediary in contracting services with an external company. All responsibility for the operation and installation of the devices shall be subject to the manufacturer’s Customer Service Guarantees and Processes.  

The support conditions regarding the use of hardware will differ depending on the acquisition channel: 

Hardware purchased through the Supplier: the Supplier shall perform the functions of a link between the external data service and the Customer. In case of malfunction or technical failure caused by the hardware, the end-user care process will be: 

• The end user will use as the first line of attention the Customer’s SAT, after training on incidents by the Provider.  
• In the event that a technical error is found that it was not possible to resolve in this first step, the SAT will be responsible for reporting to the Provider through the email support@astaraconnect.com. Such email should specify in the subject: 

1. License plate or VIN of the vehicle. 
2. Brief description of the problem, according to instructions provided by the Provider in separate document. 

And specify in the body of the email: 

1. Complete description of the problem. 
2. Images or screenshots that can help identify the problem. 
3. User contact phone for possible online checks. 

• After receiving the incident, the Provider will perform a first remote analysis about the possible origin of the incident, offering the user a solution according to section 2.2 of this document.  
• In the case of identifying a problem related to Hardware: 
• In a first step the Customer will perform a first analysis based on video training of common errors.  
• In case it is not resolved by this means, the Provider will be responsible for opening a support ticket with the external provider under the conditions regulated in point 2.2. of this document. 
• If the error is due to external handling outside the Supplier and external service, 70€ will be charged to the Customer. 

Hardware not purchased through the Supplier: procurement arising from the purchase of a vehicle (Customer’s business relationship with OEM) or third party hardware not installed through the Supplier, but directly purchased by the Customer. In this case, the Customer must contact and communicate directly with its hardware supplier. 

Without prejudice to the foregoing, the Supplier shall operate as an intermediary between the Customer and the external company to ensure the provision of the service and the resolution of incidents. 

The hours of attendance by email are from 10:00 to 18:00 CET on a working day between the period September to June, and from 10:00 to 15 CET hours in the period July and August (according to the Spanish work calendar, except for holidays).  

During Email Support Hours, the Customer may request Support Services by sending an email to support@astaraconnect.com. If another means of communication is agreed between the parties, the attendance schedule will coincide with the E-mail Attendance Schedule.  

Outside of Email Support Hours, unless specifically agreed with the customer, support will not be included. The Customer may request Support Services only for Critical or High Gravity incidents, by sending an incident through the Help Center of the Platform. Critical incidents are those in which the Platform is classified as P1 and P2 (see Incident Classification section for severity). 

Attendance levels 

The supplier will work with the Customer to investigate and resolve problems in the operation of the service whose cause was unknown. The Customer shall facilitate coordination between the Supplier and third parties with whom it has no commercial or operational relationship. For its part, the supplier will facilitate coordination between the Customer and external data providers included in the current contract service. 

Support levels will be defined based on the impact of the Customer Service crash. Incidents of high severity shall be those in which the Platform does not respond partially or malfunctions in a manner that prevents the Customer from using some of the features. 

In certain cases, the service may be modified or dropped by third parties outside the control of the Provider. In these cases, the Provider undertakes to remedy  

The Provider shall endeavour to comply with the following attendance levels, always under the attendance schedules indicated in point 2.1.2. and assuming it’s an internal problem. 

 PLATFORM AND/OR API CONTRACTING 

The resolution time refers to those incidents directly attributable to Astara Connect; in the event that the incident is caused by a malfunction in the provision of the service by connectivity providers, the deadlines may vary. To know the deadlines for resolving external incidents, it will be necessary to consult the corresponding documentation of the data provider. 

HARDWARE CONTRACTING 

The definition of severity of problems and resolution times is defined by external provider. The Provider - Astara Connect - will act as an intermediary to expedite the response to the Customer. 

To define the severity of the problem, priority and impact will be combined as follows: 

Depending on the severity, the following troubleshooting times (TEC) are set: 

16.3. Maintenance of Platform and API 

In order to perform essential maintenance work, the Supplier shall have the right to schedule scheduled interruptions (Scheduled Maintenance Events), notifying the Customer two (2) days in advance. The Supplier shall endeavour to plan scheduled Maintenance Events at times when inconvenience to the Customer is minimized.  

On occasions when the security or stability of the Service is at risk (e.g. if a critical security vulnerability has been discovered and posted in a third-party library used by the Service), Supplier shall have the right to schedule planned interruptions (Emergency Maintenance Events), notifying the Customer less than two (2) days in advance. The supplier shall endeavour to plan Emergency Maintenance Events at times that minimize inconvenience to the Customer.  

Unless agreed with the Customer, the total duration of scheduled and emergency Maintenance Events during Email Attendance Hours shall be limited to four (4) hours in any calendar month. 

16.4. Platform and API change management 

For major releases/updates with a significant impact on users of the Services (e.g. new screens, major redesign of existing user interfaces, new functionalities via API or Platform...), the Provider shall provide in advance version notes describing the new improvements and features.   

In the case of minor versions with little impact on users of the Service (for example, minor changes to existing screens...), the Provider will provide regular updates, describing new improvements and features.  

16.5. Contingency plan for the use of APIs 

Backup  

• Once a day the database content will be backed up.   
• The backup files will be kept for one (1) week.  

Disaster recovery  

• The Provider shall implement a Disaster Recovery (DR) solution that meets at least the industry standard of good practice to ensure continuity of service in the event of a catastrophic failure affecting the Provider’s infrastructure.   
• The Disaster Recovery solution shall permit the resumption of Services within twenty-four (24) hours of their commencement.  
• The disaster recovery solution shall be made available to the Customer when necessary. 
• In the event that there are delays or breaches of obligations under this agreement arising from any cause beyond the Provider’s control, including but not limited to any of the following: unavailability or failure of any third-party service, act of God, governmental act, fires, floods, explosion, communications or internet failure, civil commotion, natural disasters, massive hacks, war conflicts and similar situations, the Provider would not be responsible for the coverage of the service. 

16.6. Third Party Platform Unit: 
The Provider bases the provision of services on a number of third party platforms and services ("Third Party Platforms"). The operation and availability of the Platform may be affected by the operation and availability of Third Party Platforms. 

Service Limitations:  
The Provider is not responsible for interruptions or malfunctions of the Platform caused by: 

• Failures or interruptions on Third Party Platforms. 
• Changes to APIs or services provided by Third Party Platforms. 
• Any other action or inaction by Third Party Platforms. 

Troubleshooting: In the event that the Service experiences interruptions or malfunctions, the Provider will take reasonable steps to identify the cause of the problem. If the cause of the problem is determined to be on a Third Party Platform, the Provider shall: 

• Notify the Customer of the cause of the problem. 
• You will work with Customer to resolve the issue in accordance with the SLA of the Third Party Platform provider. 

Compensation: 
The Supplier shall not be liable for any damage or loss suffered by the Customer as a result of: 

• Disruptions or malfunctions of the Platform caused by Third Party Platforms. 
• Changes to APIs or services provided by Third Party Platforms. 
• Any other action or inaction by Third Party Platforms. 

Acceptance: 
Your use of the Platform implies your acceptance of this Third Party Platform Dependency Clause. 

Modifications: 
The Provider reserves the right to modify this Third Party Platform Dependency Clause at any time. Supplier shall notify Customer of any changes to this Clause. Your continued use of the Platform after notice of any change in this Clause shall be deemed to be an acceptance of such change.