SERVICE LEVEL AGREEMENT

Version 2.0 · Effective date 15 September 2026

1. Scope and Application

This Service Level Agreement ("SLA") describes the availability, support and incident management commitments of Top Marks AI Ltd ("Top Marks", "we", "us") for the Top Marks platform (the "Platform") provided to schools and multi-academy trusts ("Customers") under a Subscription Contract.

This SLA forms part of, and is incorporated by reference into, the Platform Terms and Conditions (topmarks.ai/terms). Capitalised terms used in this SLA have the meanings given to them in the Terms and Conditions.

In the order of precedence in clause 1.2 of the Terms and Conditions, this SLA ranks below the Terms and Conditions and below Schedule 1 (Data Processing Agreement). The timeframes for personal data breach notification, data subject requests and data deletion are set by Schedule 1; section 4 of this SLA summarises them for convenience only and does not vary them.

Top Marks may update this SLA in accordance with clause 1.3 of the Terms and Conditions, which prevents any update from reducing Top Marks' obligations under Schedule 1 and requires 30 days' written notice of any material reduction in the commitments in this SLA.

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 using Top Marks' automated monitoring of the Platform's production services. In accordance with clause 6.2 of the Terms and Conditions, Top Marks uses commercially reasonable efforts to maintain availability but does not warrant that access to the Platform will be uninterrupted or error-free.

Uptime is the percentage of time in a calendar month during which the Platform is accessible and functional for end users, excluding the periods listed in section 2.2.

2.2 Availability Exclusions

The following are excluded from the availability calculation:

• Scheduled maintenance and planned deployments notified in accordance with section 2.3

• Force majeure events, as described in clause 14 of the Terms and Conditions

• Outages of third-party infrastructure or sub-processors outside Top Marks' reasonable control

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

• Deprioritisation or a Hard Speed Cap applied under the Fair Usage Policy (clauses 6.7 to 6.12 of the Terms and Conditions)

2.3 Scheduled Maintenance

Top Marks carries out scheduled maintenance and planned feature deployments during off-peak windows, preferably between 22:00 and 06:00 on weekdays or at weekends. We will notify Customers by email at least 24 hours in advance of any maintenance or deployment expected to make the Platform unavailable for more than 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 during Business Hours (09:00 to 17:00 on Business Days). Support for P1 and P2 incidents is additionally available throughout Supported Hours (06:00 to 22:00 on any day of the week) via the emergency contact details provided to Customers at onboarding. All times in this SLA are United Kingdom local time.

3.2 How to Contact Support

Customers should log support requests by email to support@topmarks.ai or via the in-platform support channel, including the school or trust 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 response and resolution times below are targets, not guarantees; actual times may vary depending on the complexity of the issue or third-party dependencies.

A target expressed in Business Hours or Business Days runs only during Business Hours; a target expressed in Supported Hours runs only during Supported Hours. An incident reported outside the relevant hours is treated as reported at the start of the next period of those hours.

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

Priority is assigned by Top Marks on receipt, applying the descriptions above. Where the Customer considers that an incident has been assigned too low a priority, it may request re-assessment, and Top Marks will respond to that request within the initial response target for the priority the Customer has requested.

Response and resolution targets run from the time the incident is reported through a channel specified in section 3.2 or, for P1 and P2 incidents reported outside Business Hours, through the emergency contact details provided at onboarding.

Where Top Marks reasonably requires information, access or a response from the Customer in order to progress an incident, the resolution target is suspended from the time of that request until the Customer provides what is required.

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 targets above.

4. Data and Security

4.1 Personal Data Breach Notification

Top Marks will notify the Customer within 48 hours of becoming aware of a personal data breach affecting Personal Data processed on the Customer's behalf, in accordance with paragraph 4(b) of Schedule 1. The notification will describe the nature of the breach, the categories and approximate number of data subjects and records concerned, the likely consequences, and the measures taken or proposed.

4.2 Data Subject Requests

Customer administrators can export a Student's assessment content, grades and feedback directly from the Platform, and in most cases can respond to an access or portability request without Top Marks' involvement. Where Top Marks' assistance is required, or a request is received by Top Marks directly, paragraph 4(a) of Schedule 1 applies: Top Marks refers the request to the Customer within 2 Business Days and gives effect to the Customer's instruction within 10 Business Days. Requests relating to Personal Data for which Top Marks is controller in its own right are handled by Top Marks under its Privacy Policy.

4.3 Data Deletion

On expiry or termination of a Contract, Top Marks deletes or returns Personal Data in accordance with, and within the timeframes set out in, paragraph 11 of Schedule 1.

5. Exclusions

This SLA does not apply to:

• Trial or pilot access, paid or otherwise, unless expressly agreed in writing

• Beta or preview features designated as such

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

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

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

6. Review and Updates

This SLA is reviewed annually and may be updated in accordance with clause 1.3 of the Terms and Conditions. The current version is published at topmarks.ai/sla. Questions may be sent to info@topmarks.ai.

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