Common use of Availability and maintenance Clause in Contracts

Availability and maintenance. 7.1 Homerun shall use commercially reasonable efforts to make the SaaS available twenty-four (24) hours a day, unless the access to the SaaS must be suspended due to maintenance of the SaaS or the systems of Homerun or of a third party appointed by Homerun. You agree that Homerun in no way warrants a certain level of availability. 7.2 The Service is provided to you as-is. Homerun has no obligation to modify or add functionalities to the Service. However, Homerun may make new applications, tools, features or functionalities available for the Service from time to time, the use of which may be contingent upon Customer’s agreement to additional terms. 7.3 Homerun may make commercially reasonable updates to the SaaS and may modify the functionality or features of the Service at any time, provided that such updates and modifications do not materially denigrate the functionality of the Service. Homerun will not be liable to Customer or any third-party for any such update or modification. 7.4 It may be necessary for Homerun to perform scheduled or unscheduled repairs or maintenance, or patch or upgrade the Service, which may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Although Homerun cannot guarantee that Customer will receive advance notice of repairs or maintenance, Homerun will endeavor to provide reasonable notice of scheduled repairs and maintenance. 7.5 Homerun may suspend all or part of the Services or the access to or use of personal data stored in the Service (i) if Customer is delinquent on payment obligations for 12 (twelve) days or more; or (ii) upon receipt of a subpoena or law-enforcement request; or (iii) when Homerun has a commercially reasonable belief that Customer has breached this Agreement or that Customer’s use of the Service poses an imminent security risk or may subject Homerun to liability. Homerun will use commercially reasonable efforts to give Customer at least 72 (seventy-two) hours’ notice of a suspension unless Homerun determines in its commercially reasonable judgment that a suspension on shorter or contemporaneous notice is necessary to protect Homerun. Customer shall not set off or suspend any payment. If as a Customer you have problems accessing or using the Service, you can reach the Support department of Homerun by chat or email during office hours in CET through https:// ▇▇▇.▇▇▇▇▇▇▇.▇▇/▇▇▇▇▇▇▇. We will respond to you within a reasonable time and will use our best efforts to solve the problem. Support priority may be dependent upon the Service, as detailed in the Service Description.

Availability and maintenance. 7.1 Homerun shall use commercially reasonable efforts to make the SaaS available twenty-four (24) hours a day, unless the access to the SaaS must be suspended due to maintenance of the SaaS or the systems of Homerun or of a third party appointed by Homerun▇▇▇▇▇▇▇. You agree that Homerun ▇▇▇▇▇▇▇ in no way warrants a certain level of availability. 7.2 The Service is provided to you as-is. Homerun has no obligation to modify or add functionalities to the Service. However, Homerun may make new applications, tools, features or functionalities available for the Service from time to time, the use of which may be contingent upon Customer’s agreement to additional terms. 7.3 Homerun may make commercially reasonable updates to the SaaS and may modify the functionality or features of the Service at any time, provided that such updates and modifications do not materially denigrate the functionality of the ServiceService within the applicable Term. Homerun ▇▇▇▇▇▇▇ will not be liable to Customer or any third-party for any such update or modification. 7.4 It may be necessary for Homerun to perform scheduled or unscheduled repairs or maintenance, or patch or upgrade the Service, which may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Although Homerun ▇▇▇▇▇▇▇ cannot guarantee that Customer will receive advance notice of repairs or maintenance, Homerun will endeavor to provide reasonable notice of scheduled repairs and maintenance. 7.5 Homerun may suspend all or part of the Services or the access to or use of personal data stored in the Service (i) if Customer is delinquent on payment obligations for 12 (twelve) days or more; or (ii) upon receipt of a subpoena or law-enforcement request; or (iii) when Homerun ▇▇▇▇▇▇▇ has a commercially reasonable belief that Customer has breached this Agreement or that Customer’s use of the Service poses an imminent security risk or may subject Homerun to liability. Homerun will use commercially reasonable efforts to give Customer at least 72 (seventy-seventy- two) hours’ notice of a suspension unless Homerun ▇▇▇▇▇▇▇ determines in its commercially reasonable judgment that a suspension on shorter or contemporaneous notice is necessary to protect Homerun▇▇▇▇▇▇▇. Customer shall not set off or suspend any payment. If as a Customer you have problems accessing or using the Service, you can reach the Support department of Homerun by chat or email during office hours in CET through https:// ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇/▇▇▇▇▇▇▇/contact. We will respond to you within a reasonable time and will use our best efforts to solve the problem. Support priority may be dependent upon the Service, as detailed in the Service Description.