PORTERS Service Level Agreement
Effective Date: April 1, 2022
This PORTERS Service Level Agreement (“SLA”) shall apply to theuse of PORTERS
Service (“Service”) provided in accordance with the Terms of Use of PORTERS (“Termsof Use”) between PORTERS Corporation (“ PORTERS Corp.”) and users of PORTERS(“User”). This SLA shall separately apply to each account using the Service. Should
PORTERS Corp. revise the terms and conditions of this SLA, the details of the revision
shall be notified to theUser at least one month prior to the effective date of the revisedSLA. When the User uses the Service on or after the effective date of the revised SLA,
the revised SLA shall apply.
1. Definitions
1.1 “Service Outage” shall mean a state where the User is unable to access PORTERS
continuously for more than five (5) minutes, and the “Service Outage Time” shall mean
the total time of the following (1) and (2):(1) In case the WEB server of PORTERS is in a state of interruptedcommunications due
to system failure:
The time from the point in time when PORTERS Corp.’ hosting service
subcontractor recognizes the interrupted communications as a failure to the point
in time when it is confirmed that the WEB server has resumed processing requests,including byalternative means(2) In cases other than (1) above:
The time required for the WEB server of PORTERS to respond after receiving aprocessing request
1.2 “Service Availability Rate” shall mean the rate of monthly operating time when
the total time of each month is set at 100% (the time calculated by subtracting theService Outage Time of PORTERS for each month from the total monthly hours in oneminute units).
1.3 “Planned Maintenance” shall mean system maintenance conducted by suspending
the Service according to a schedule predetermined by PORTERS Corp. When PORTERS
Corp. conducts planned maintenance, it shall notify all users at least eight (8) hours
prior to the commencement of such planned maintenance, and such planned
maintenance shallbe conducted in a timeframe between 10:00 pm and 6:00 am Japan
time, to the extent possible.
1.4 “Service Credit” shall mean the amount that is calculated in accordance with thefollowing rules and refunded by PORTERS Corp.

12. Service Commitment
PORTERS Corp. shall make reasonable efforts in terms of business to achieve a monthly
Service Availability Rate of 99.9% or more during the term of the Service. Should themonthly Service Availability Rate of PORTERS fail to reach a monthly ServiceAvailability Rate of 99.9% or more, the User shall be entitled to receivea Service Credit
as set forth below.
3. Right of Service Credit
Should the monthly Service Availability Rate be less than 99.9%, the User shall beentitled to receive a Service Credit calculated by multiplying the monthly usage charge
for the applicable Service by any of the following rates:
Monthly Service Availability Rate
Rate
More than 99.0% - less than 99.9%
5%More than 95.0% - less than 99.0%
10%More than 90.0% - less than 95.0%
20%
Less than 90.0%50%
4. Request and Issuance of Service Credit
4.1 Should the right to a Service Credit arise for the User, the User may request theService Credit at any time between the first and 30th day of the month following themonth when the right to Service Credit arises (“Request Period”). When a User does notmake a request during the applicable Request Period, the User shall lose their right toreceive a Service Credit.
4.2 The method for requesting a Service Credit shall be limited to the method wherea User sends to PORTERS Corp. an e-mail requesting a Service Credit (“Notice ofRequest for Credit”). A Notice of Request for Credit shall meet the following
requirements:(i) The User shall describe the phenomenon, date and time of the service outage he/sheexperienced;(ii) PORTERS Corp. shall receive the Notice of Request for Credit within the Request
Period.
4.3 When PORTERS Corp. receives a Notice of Request for Credit from the User, it
shall immediately confirm the monthly Service Availability Rate related to such arequest, and shall issue a Service Credit to the User during the month following theRequest Period based on a rate corresponding to the Service Availability Rate identified
as a result of this confirmation.
4.4 A Service Credit shall be appropriated only to future payments for PORTERS to bemade by the User. A Service Credit may not be assigned to any third party or
appropriated to other accounts.
5. Disclaimers and Limited Liability
5.1 In case service outage of PORTERS occurs due to any of the following events,service commitment shall not apply to, and PORTERS Corp. shall disclaimany liability
for, the service outage:(i) When service outage is due to Planned Maintenance;(ii) When service outage arises due to any causes beyond PORTERS Corp.’ control,
includingforce majeure, failure or delay of an Internet service provider;(iii) When service outage is the result of any intentional or non-intentional actions of2the User or any third party;(iv) When service outage arises from any equipment, software or other technologies ofa User and/or any third party (excluding any third party’s equipment under PORTERSCorp.’direct control);(v) When service outage is a result of temporary suspension or forced termination of theUser’s rights imposed by PORTERS Corp. in accordance with the Terms of Use.
5.2 PORTERS Corp.’ liability for any damage or expenses incurred by the User or any
third party arising from service outage of PORTERS shall be limited to the issuance ofa Service Credit as specified in this SLA, the amount of a Service Creditspecified in thisSLA shall be set as the upper limit, and PORTERS Corp. shall not assume any
responsibilities or obligations other than the issuance of Service Credits.

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