SERVICE LEVEL AGREEMENT

1. Scope and Application

This Service Level Agreement ("SLA") describes the availability, support, and incident management practices of Top Marks AI Ltd ("Top Marks", "we", "us") in respect of the Top Marks platform (the "Platform") accessed by schools and multi-academy trusts ("Customers") under a valid Contract.

This SLA forms part of, and is incorporated by reference into, the Platform Terms and Conditions (available at topmarks.ai/terms), in accordance with the order of precedence set out in clause 1.2 of those Terms. Capitalised terms used but not defined in this SLA have the meanings given to them in the Platform Terms and Conditions. This SLA should be read alongside the Platform Terms and Conditions and the Data Processing Agreement at Schedule 1 of those Terms.

2. Platform Availability

2.1 Uptime Target

Top Marks aims to maintain monthly platform availability of 99.5%, measured across each calendar month during the Licence Period. In accordance with clause 6.2 of the Platform Terms and Conditions, Top Marks uses commercially reasonable efforts to ensure availability but does not warrant that access to the Platform will be uninterrupted or error-free.

Uptime is defined as the percentage of time in a given month during which the Platform is accessible and functional for end users, excluding Scheduled Maintenance Windows and the exclusions listed in section 2.2.

2.2 Availability Exclusions

The following are excluded from any availability calculation:

• Scheduled Maintenance Windows (see section 2.3)

• Force majeure events (acts of God, war, pandemic, government action)

• Third-party infrastructure outages outside Top Marks’ reasonable control, including failures by AWS (Ireland), Render (Frankfurt), MongoDB Atlas, or other sub-processors

• Customer-side issues including internet connectivity, browser compatibility, or local network failures

• Planned feature deployments notified at least 24 hours in advance

• Deprioritisation or a Hard Speed Cap applied in accordance with the Fair Usage Policy (clauses 6.7 to 6.13 of the Platform Terms and Conditions), where Customer's usage exceeds the applicable Usage Threshold

2.3 Scheduled Maintenance

Top Marks carries out scheduled maintenance during off-peak windows, preferably between 22:00 and 06:00 GMT on weekdays, or at weekends. We will notify Customers by email at least 48 hours in advance of any maintenance expected to cause Platform unavailability exceeding 30 minutes.

Emergency maintenance required to address a critical security vulnerability or data integrity risk may be carried out with shorter notice. We will communicate the reason and estimated duration as soon as practicable.

3. Support Services

3.1 Support Hours

Standard support is available Monday to Friday, 09:00 to 17:00 GMT (excluding UK public holidays).

Out-of-hours support for urgent incidents is available 06:00 to 22:00 GMT, seven days a week, via the emergency contact details provided to Customers on onboarding.

3.2 How to Contact Support

Customers should log support requests by email to support@topmarks.ai or via the in-platform support channel. Please include the school or MAT name, a description of the issue, and any relevant screenshots or error messages.

3.3 Incident Priority and Response Targets

Top Marks classifies incidents by priority. The following response and resolution times are targets and are not guaranteed; actual times may vary depending on the complexity of the issue or third-party dependencies.

"Initial response" means acknowledgement of the incident. "Resolution" means the issue is resolved or a workaround is in place.

For the avoidance of doubt, longer processing or turnaround times resulting from Deprioritisation or a Hard Speed Cap applied under the Fair Usage Policy do not constitute an incident for the purposes of this section 3.3, and are not subject to the response and resolution targets above.

3.4 P1 Incident Communication

For P1 incidents, Top Marks will acknowledge within 2 hours of the incident being identified or reported and provide status updates as the situation develops.

4. Data and Security

4.1 Security Breach Notification

In the event of a confirmed personal data breach affecting Customer data, Top Marks will notify the Customer within 72 hours of becoming aware of the breach (or as soon as reasonably practicable where that is not possible), in accordance with Schedule 1 of the Platform Terms and Conditions and applicable UK GDPR obligations.

Notification will include: the nature of the breach, categories and approximate number of data subjects affected, likely consequences, and measures taken or proposed.

4.2 Data Subject Requests

Where Top Marks receives a data subject access request or erasure request relating to Customer data, we will acknowledge within 5 business days and fulfil (or refer to the Customer as controller) within 30 calendar days.

4.3 Data Deletion

Upon expiry or termination of a Contract, Top Marks will securely delete Customer data within 30 days of receiving a written instruction to do so. In the absence of instruction, data will be deleted within 90 days of licence expiry, in accordance with Schedule 1 paragraph 9 of the Platform Terms and Conditions.

5. Exclusions

This SLA does not apply to:

• Free trials or pilot access periods, unless expressly agreed in writing

• Beta features or preview functionality explicitly designated as such

• Third-party integrations or services not operated by Top Marks

• Issues caused by Customer misuse, misconfiguration, or breach of the Platform Terms and Conditions

Nothing in this SLA creates obligations or liabilities beyond those set out in the Platform Terms and Conditions. Top Marks’ aggregate liability remains as set out in clause 11 of the Platform Terms and Conditions.

6. Review and Updates

This SLA will be reviewed annually. Top Marks may update this document from time to time in accordance with clause 1.3 of the Platform Terms and Conditions. The current version is published at topmarks.ai/sla. For questions, contact info@topmarks.ai.

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