§01 — Definitions

In this Agreement, the following terms have the meanings set out below:

Agreement

This Software as a Service Subscriber Agreement together with all Schedules and any Service Order Form executed by the parties.

Authorised Users

Those individuals (employees, agents, contractors or clients of the Subscriber) who are permitted by the Subscriber to use the Platform in accordance with this Agreement, as further specified in Schedule 1.

Business Day

Any day that is not a Saturday, Sunday or a public holiday in England and Wales, during the hours of 09:00 to 17:30 UK time.

Confidential Information

All information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is marked as confidential or which a reasonable person in the position of the Receiving Party would consider to be confidential given the nature of the information or the circumstances of disclosure, including the terms of this Agreement, commercial data, technical data, business plans and customer lists.

Data Protection Law

The UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any successor or amending legislation, as in force from time to time.

Documentation

The operating manuals, user guides, online help articles and technical specifications relating to the Platform made available by the Provider from time to time, including those published at help.tyst.uk.

Fees

The subscription fees and any other charges payable by the Subscriber under this Agreement, as set out in Schedule 1.

Force Majeure Event

Any event beyond the reasonable control of the affected party, including but not limited to acts of God, war, terrorism, civil unrest, pandemic, epidemic, fire, flood, earthquake, governmental action, failure of third-party telecommunications networks or internet infrastructure, or failure of third-party hosting providers.

Go-Live Date

The date agreed in Schedule 2 from which the Subscriber commences live operational use of the Platform.

Intellectual Property Rights

All patents, rights in inventions, copyright and related rights, trade marks, service marks, trade names, domain names, database rights, rights in confidential information, design rights, and all other intellectual or industrial property rights of any kind, whether registered or unregistered, and all applications and rights to apply for any of them.

Personal Data

Has the meaning given to it in Data Protection Law.

Platform

The Tyst cloud-hosted software application(s) and related services provided by the Provider, including the Android mobile application and web dashboard available at app.tyst.uk, as updated or modified by the Provider from time to time.

Permitted Purpose

Property cleaning operations management, scheduling, workforce management and operational reporting, as more particularly described in the Documentation.

Schedule

Any schedule attached to or incorporated by reference into this Agreement.

Start Date

The date specified as such in Schedule 1 (or the signed Service Order Form), being the date from which this Agreement takes effect and subscription fees begin to accrue.

Subscriber Data

All data, content and information uploaded to, entered into, transmitted through or generated by the Subscriber or any Authorised User through use of the Platform, including scheduling data, job evidence, photographs, defect reports and operational records.

Term

The initial subscription period specified in Schedule 1, as extended by any renewal period in accordance with clause 5.1.

§02 — Grant of Licence

2.1 Subject to the Subscriber's compliance with this Agreement and payment of the Fees, the Provider grants to the Subscriber a non-exclusive, non-transferable, revocable licence to access and use the Platform during the Term for the Permitted Purpose only.

2.2 The licence granted in clause 2.1 permits access and use by Authorised Users only. The maximum number of Authorised Users is as specified in Schedule 1. The Subscriber shall not allow the licence to be used by, or share access credentials with, any person who is not an Authorised User.

2.3 The Subscriber must not, and must ensure that Authorised Users do not:

• copy, modify, adapt, translate or create derivative works of the Platform or any part of it;
• decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Platform, except to the extent expressly permitted by applicable law;
• sublicence, resell, distribute, assign or otherwise transfer any rights in the Platform to any third party;
• use the Platform to provide services to third parties (including by operating a bureau service) without the Provider's prior written consent;
• remove, obscure or alter any copyright, trade mark or other proprietary rights notice in or on the Platform; or
• use the Platform in any manner that violates applicable law or the rights of any third party.

2.4 The Provider may update, modify, enhance or replace the Platform from time to time at its sole discretion. For any changes that materially reduce the functionality of the Platform, the Provider will give the Subscriber not less than 30 days' prior written notice. The Subscriber's continued use of the Platform after any update constitutes acceptance of that update.

§03 — Subscriber Obligations

3.1 The Subscriber shall:

• provide accurate, current and complete information when registering for and using the Platform, and keep that information up to date;
• keep all access credentials (usernames, passwords and biometric enrolments) secure and confidential, and notify the Provider immediately upon becoming aware of any unauthorised use or compromise;
• use the Platform only for the Permitted Purpose, in accordance with the Documentation and all applicable laws and regulations; and
• co-operate with the Provider in good faith in all matters relating to the Platform, including promptly providing information, decisions and approvals as reasonably required by the Provider.

3.2 The Subscriber is responsible for the acts and omissions of all Authorised Users as if they were the acts or omissions of the Subscriber itself. The Subscriber shall ensure that all Authorised Users are made aware of and comply with the terms of this Agreement to the extent relevant to their use of the Platform.

3.3 The Subscriber shall not upload to or transmit through the Platform any data or content that:

• is unlawful, harmful, threatening, abusive, defamatory, obscene or otherwise objectionable;
• infringes any Intellectual Property Rights or other rights of any third party;
• contains any virus, Trojan horse, worm, time bomb, logic bomb, malware or other harmful or malicious code; or
• would otherwise expose the Provider or any third party to legal liability.

3.4 The Subscriber remains solely responsible for ensuring that its use of the Platform complies with all applicable regulatory obligations, licensing requirements, employment law and any other legal requirements specific to the Subscriber's business sector or jurisdiction. The Provider makes no warranty that use of the Platform will satisfy any particular regulatory requirement.

3.5 The Subscriber shall at its own cost maintain the hardware, software, network connectivity and operating environment necessary to access and use the Platform in accordance with the minimum technical requirements set out in the Documentation.

§04 — Fees and Payment

4.1 The Subscriber shall pay the Fees in accordance with Schedule 1. Unless otherwise specified in Schedule 1, subscription Fees are payable in advance on or before the first day of each billing period.

4.2 All Fees are stated exclusive of value added tax (VAT) or any other applicable sales or withholding tax, which shall be payable by the Subscriber in addition at the prevailing rate where applicable.

4.3 If the Subscriber fails to pay any undisputed sum due under this Agreement by the due date:

• interest shall accrue on the overdue amount at the rate of 4% per annum above the Bank of England base rate from time to time, accruing daily and compounding monthly from the due date until the date of actual payment; and
• the Provider may, on not less than 14 days' written notice to the Subscriber, suspend the Subscriber's access to the Platform until all outstanding amounts (including interest) are paid in full, without liability to the Subscriber.

4.4 The Provider may increase the Fees annually by giving the Subscriber not less than 60 days' written notice before the start of any renewal period. If the Subscriber objects to the increased Fees, it may terminate this Agreement by giving not less than 30 days' written notice before the new Fees take effect, in which case the Agreement will terminate at the end of the current billing period without further penalty.

4.5 The Subscriber may dispute any invoice in good faith by notifying the Provider in writing within 30 days of the invoice date, setting out the amounts disputed and the reasons for the dispute. The parties shall use reasonable endeavours to resolve any such dispute promptly. Undisputed amounts remain payable on the normal due date.

4.6 Subject to clause 5.4 (data export window), all Fees paid are non-refundable. Termination of this Agreement for any reason does not entitle the Subscriber to any refund of Fees paid or relief from Fees that have accrued but are not yet due.

§05 — Term, Renewal and Termination

5.1 This Agreement commences on the Start Date and continues for the initial Term specified in Schedule 1. At the end of the initial Term, and at the end of each subsequent renewal period, this Agreement will automatically renew for a further period equal to the initial Term unless either party gives the other not less than 60 days' written notice before the end of the then-current period of its intention not to renew.

5.2 Either party may terminate this Agreement immediately on written notice to the other if:

• the other party commits a material breach of this Agreement and, where that breach is capable of remedy, fails to remedy it within 30 days of written notice requiring it to do so;
• the other party becomes insolvent, makes any arrangement or composition with its creditors, has a receiver, administrator or liquidator appointed over it or any of its assets, or is subject to any order or resolution for its winding up (other than for the purpose of a solvent amalgamation or reconstruction); or
• the other party ceases or threatens to cease to carry on all or a substantial part of its business.

5.3 Without prejudice to any other rights or remedies, the Provider may terminate this Agreement by giving the Subscriber not less than 30 days' written notice at any time for any or no reason.

5.4 On termination or expiry of this Agreement for any reason:

• all licences granted to the Subscriber under this Agreement shall immediately terminate and the Subscriber shall cease all use of the Platform;
• each party shall promptly return or, at the other party's written request, destroy all Confidential Information of the other party in its possession or under its control, save as required to be retained by applicable law;
• the Subscriber shall pay all outstanding Fees and any other sums due to the Provider immediately;
• the Provider shall make the Subscriber's Subscriber Data available for export for a period of 30 days following the date of termination, after which the Provider may delete all Subscriber Data in its systems without further notice or liability to the Subscriber. The Subscriber is solely responsible for extracting its data during this window.

5.5 Termination or expiry of this Agreement shall not affect the continuation in force of clauses 7 (Intellectual Property), 8 (Confidentiality), 9 (Warranties — limitation), 10 (Limitation of Liability), 11 (Indemnity) and 13 (General), which shall survive termination or expiry indefinitely or for the period specified in those clauses.

§06 — Data Protection

6.1 Each party shall comply with its respective obligations under Data Protection Law in connection with the performance of this Agreement.

6.2 The parties acknowledge that for the purposes of Data Protection Law, the Subscriber is the data controller and the Provider is the data processor in respect of any Personal Data contained within Subscriber Data that is processed by the Provider in the course of providing the Platform. As data processor, the Provider shall:

• process Personal Data only on the documented instructions of the Subscriber, as set out in this Agreement or as otherwise notified in writing by the Subscriber from time to time, unless required to process otherwise by applicable law (in which case the Provider shall notify the Subscriber before processing, unless prohibited by law from doing so);
• implement appropriate technical and organisational security measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access;
• ensure that all persons authorised to process Personal Data on behalf of the Provider are subject to appropriate confidentiality obligations;
• not engage any sub-processor to process Personal Data without the prior written consent of the Subscriber (such consent not to be unreasonably withheld or delayed); and
• assist the Subscriber, at the Subscriber's cost, in responding to requests from data subjects exercising their rights under Data Protection Law, and in complying with its obligations regarding data protection impact assessments, data breach notification and prior consultation.

6.3 The Provider shall notify the Subscriber without undue delay upon becoming aware of any personal data breach (as defined in Data Protection Law) affecting Personal Data processed under this Agreement.

6.4 On request by the Subscriber, the parties shall execute a data processing agreement in a form agreed between them, which shall supplement and form part of this Agreement.

§07 — Intellectual Property

7.1 All Intellectual Property Rights in and to the Platform (including all updates, enhancements and modifications), the Documentation and any other materials provided by the Provider under this Agreement are and shall remain the exclusive property of the Provider (or its licensors). This Agreement does not transfer or assign any Intellectual Property Rights in the Platform to the Subscriber. No rights in the Platform are granted to the Subscriber other than the limited licence set out in clause 2.1.

7.2 All Intellectual Property Rights in and to Subscriber Data are and shall remain the exclusive property of the Subscriber. The Subscriber grants to the Provider a non-exclusive, royalty-free, worldwide licence to access, store, process and use Subscriber Data to the extent necessary for the Provider to provide the Platform and perform its obligations under this Agreement.

7.3 The Provider may collect, generate and use aggregated, anonymised data derived from Subscriber Data and usage patterns of the Platform for the purpose of improving and developing the Platform and the Provider's products and services, provided that such data does not identify the Subscriber or any individual.

7.4 If the Subscriber (or any Authorised User) communicates any ideas, suggestions, enhancements or feedback regarding the Platform to the Provider ("Feedback"), the Subscriber hereby assigns to the Provider all Intellectual Property Rights in such Feedback absolutely, with full title guarantee. The Subscriber waives any moral rights in such Feedback to the fullest extent permitted by applicable law.

§08 — Confidentiality

8.1 Each party shall keep confidential all Confidential Information of the other party and shall not disclose it to any third party without the prior written consent of the Disclosing Party, nor use it for any purpose other than the performance of its obligations or exercise of its rights under this Agreement.

8.2 Each party may disclose Confidential Information to its employees, officers, contractors, subcontractors and professional advisers who need to know it for the purpose of performing the party's obligations under this Agreement, provided that such persons are bound by obligations of confidentiality no less protective than those contained in this clause 8.

8.3 The obligations of confidentiality in this clause 8 shall not apply to information that:

• is or becomes publicly available other than through a breach of this Agreement;
• was in the Receiving Party's possession free of any obligation of confidentiality before the Disclosing Party disclosed it;
• is lawfully received by the Receiving Party from a third party free of any obligation of confidentiality; or
• is independently developed by the Receiving Party without reference to the Confidential Information.

A party may also disclose Confidential Information to the extent required by applicable law, regulation or court order, provided that, where legally permitted, it gives the Disclosing Party prompt written notice of such requirement and co-operates with the Disclosing Party in seeking a protective order or other appropriate relief.

8.4 The obligations in this clause 8 shall survive termination or expiry of this Agreement for a period of five (5) years.

§09 — Warranties

9.1 The Provider warrants that:

• it has the right to grant to the Subscriber the licence set out in clause 2.1;
• it will perform its obligations under this Agreement with reasonable skill and care; and
• the Platform will, in all material respects, conform to the description set out in the Documentation as at the Start Date.

9.2 The Provider does not warrant that:

• the Platform will be free from errors, defects, interruptions or downtime;
• the Platform will operate uninterrupted or that any particular result will be achieved from its use; or
• the Platform will be compatible with all hardware, software or systems used by the Subscriber or its Authorised Users.

9.3 To the fullest extent permitted by applicable law, all other warranties, conditions, terms, representations and undertakings, whether express or implied by statute, common law, custom, usage or otherwise (including any implied warranty of satisfactory quality, fitness for a particular purpose or non-infringement), are hereby excluded.

9.4 The Subscriber warrants that:

• it has full authority to enter into this Agreement and that its performance hereunder will not conflict with any other agreement to which it is a party;
• all Subscriber Data, and the Provider's processing of it as contemplated by this Agreement, will not infringe any Intellectual Property Rights or other rights of any third party; and
• it will comply with all applicable laws and regulations in connection with its use of the Platform.

§10 — Limitation of Liability

10.1 Nothing in this Agreement limits or excludes the liability of either party for:

• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot be excluded or limited by applicable law.

10.2 Subject to clause 10.1, neither party shall be liable to the other (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for:

• any loss of profits, revenue or anticipated savings;
• any loss of business or business opportunity;
• any loss of goodwill or reputation;
• any loss or corruption of data (other than as expressly provided for in Schedule 3); or
• any indirect, special, incidental, exemplary or consequential loss or damage of any kind,

in each case even if that party had been advised of the possibility of such loss or damage.

10.3 Subject to clauses 10.1 and 10.2, the Provider's total aggregate liability to the Subscriber in connection with this Agreement (whether arising in contract, tort, breach of statutory duty or otherwise) shall not exceed £10,000 in any 12-month period.

10.4 The parties acknowledge that the Fees payable under this Agreement reflect the allocation of risk between them as set out in this clause 10, and that the Provider would not have entered into this Agreement without the limitations on liability set out herein.

§11 — Indemnity

11.1 The Subscriber shall indemnify, defend and hold harmless the Provider and its officers, directors, employees and agents from and against all claims, losses, damages, costs (including reasonable legal fees) and liabilities arising out of or in connection with:

• any breach of this Agreement by the Subscriber or any Authorised User;
• any violation of applicable law by the Subscriber or any Authorised User; or
• any claim by a third party that any Subscriber Data infringes that third party's Intellectual Property Rights or other rights.

11.2 The Provider shall indemnify, defend and hold harmless the Subscriber from and against any third-party claim that the Platform, as used in accordance with this Agreement, infringes the Intellectual Property Rights of a third party, subject to:

• the Subscriber giving the Provider prompt written notice of the claim;
• the Provider having sole conduct of the defence and settlement of the claim; and
• the Subscriber not making any admission of liability or settlement without the Provider's prior written consent.

This indemnity does not apply to infringement claims arising from the combination of the Platform with materials not supplied by the Provider, modifications to the Platform not made or authorised by the Provider, or use of the Platform other than in accordance with this Agreement.

§12 — Force Majeure

12.1 Neither party shall be in breach of this Agreement or otherwise liable for any delay in performance or failure to perform its obligations under this Agreement to the extent that such delay or failure results from a Force Majeure Event. The affected party shall:

• notify the other party in writing as soon as reasonably practicable after the Force Majeure Event begins, describing the event and its likely duration; and
• use reasonable endeavours to mitigate the effects of the Force Majeure Event and to resume performance of its obligations as soon as reasonably practicable.

12.2 If a Force Majeure Event continues for a period of 60 consecutive days or more, either party may terminate this Agreement by giving not less than 14 days' written notice to the other, without liability (other than for Fees accrued prior to the Force Majeure Event and for Subscriber Data export obligations under clause 5.4).

§13 — General

13.1 Notices. Any notice given under this Agreement shall be in writing. Notices sent by email shall be deemed received on the next Business Day. Notices sent by first-class post to the address of the relevant party as stated in Schedule 1 shall be deemed received two Business Days after posting. Either party may change its notice address by giving written notice to the other in accordance with this clause.

13.2 Assignment. The Subscriber may not assign, transfer, sub-contract or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the Provider (not to be unreasonably withheld). The Provider may assign this Agreement, or sub-contract performance of any of its obligations under it, to any Affiliate or to any person that acquires the whole or substantially the whole of the Provider's business, on written notice to the Subscriber.

13.3 Entire Agreement. This Agreement (together with all Schedules and any Service Order Form) constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior negotiations, representations, warranties, understandings, agreements or arrangements of any nature (whether oral or written) between the parties in relation thereto. Each party acknowledges that it has not relied on, and shall have no remedy in respect of, any representation (whether innocent or negligent) made by or on behalf of the other party that is not expressly set out in this Agreement.

13.4 Variation. No variation of this Agreement shall be effective unless it is in writing and signed by an authorised representative of each party.

13.5 Waiver. A waiver of any right or remedy under this Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under this Agreement constitutes a waiver of that right or remedy.

13.6 Severance. If any provision of this Agreement is found to be unenforceable or invalid by any court or competent authority, that provision shall, to the minimum extent necessary, be deemed deleted, and the enforceability and validity of the remaining provisions shall not be affected.

13.7 Third Party Rights. This Agreement does not create, and is not intended to create, any rights enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999. Either party may rescind or vary this Agreement without the consent of any third party.

13.8 Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.

The commercial terms applicable to this Agreement, including the Subscriber's details, the Start Date, the initial Term, the Fees and the permitted number of Authorised Users, are recorded on the signed Service Order Form executed by both parties prior to or on the Start Date.

That Service Order Form is incorporated into this Agreement by reference and forms part of it. In the event of any inconsistency between the terms of the Service Order Form and the body of this Agreement, the body of this Agreement shall prevail, save where the Service Order Form expressly states that it overrides a specific clause.

1. Onboarding Phases

Subject to the Subscriber fulfilling its onboarding obligations set out in section 3 of this Schedule, the Provider will carry out onboarding in the following phases:

Phase	Activity	Target Timescale
Account Setup	Creation of the Subscriber's organisation account, initial configuration of platform settings and creation of administrator credentials.	Within 3 Business Days of the Start Date
Data Migration	Import of property/unit list, Authorised User accounts and any initial scheduling data provided by the Subscriber in the agreed format.	Within 5 Business Days of the Start Date
Platform Training	Delivery of onboarding training sessions for administrators, managers and field users as agreed, covering core features, mobile app use and reporting.	Within the first 10 Business Days of the Start Date
Go-Live	Commencement of live operational use by the Subscriber's team.	As agreed in the Service Order Form
Hypercare	Elevated support availability from the Provider's onboarding team to assist with any issues arising in early live use.	First 30 days post Go-Live Date

All timescales above are indicative and subject to the Subscriber fulfilling its obligations in section 3 of this Schedule. Delays caused by the Subscriber's failure to fulfil those obligations will extend timescales accordingly and may incur additional charges at the Provider's then-current rates.

2. Setup, Training and Migration Fees

Any one-off setup fees, training costs and charges for bespoke data migration services are either:

• set out in the signed Service Order Form; or
• provided by separate written quotation from the Provider and agreed in writing by both parties before the relevant services are commenced.

3. Subscriber Onboarding Obligations

The Subscriber shall, to facilitate timely onboarding:

• designate a named project contact with authority to make decisions on behalf of the Subscriber in connection with the onboarding process;
• provide accurate and complete data required for data migration within 5 Business Days of the Start Date in the format requested by the Provider;
• ensure that all relevant Authorised Users are available and attend any scheduled training sessions;
• complete all required configuration sign-off steps within the agreed timescales; and
• promptly notify the Provider of any changes to the Subscriber's team, property portfolio or operational processes that may affect the onboarding timeline or platform configuration.

1. Platform Availability

The Provider will use commercially reasonable endeavours to achieve the following monthly availability targets for the Platform:

Subscription Tier	Monthly Availability Target
Starter	99.0%
Growth	99.5%
Professional	99.9%

Availability is calculated on a calendar-month basis as: (total minutes in the month minus downtime minutes) ÷ total minutes in the month × 100. The Subscriber's applicable tier is as specified in the signed Service Order Form.

2. Planned Maintenance

The Provider will carry out planned maintenance:

• between 22:00 and 06:00 UK time;
• with not less than 48 hours' prior notice to the Subscriber for any maintenance that is expected to result in more than 30 minutes of Platform unavailability.

Planned maintenance periods are excluded from the availability calculation in section 1 of this Schedule.

3. Incident Classification and Response Targets

The Provider will classify incidents and target the following response and resolution times:

Priority	Definition	Initial Response	Target Resolution
P1 — Critical	Platform wholly unavailable, or a core operational function (job scheduling, photo capture, GPS evidence) is non-operational for all Authorised Users.	1 hour (24/7)	4 hours (24/7)
P2 — High	Significant degradation of a core function with no viable workaround available; multiple Authorised Users affected.	4 hours (Business Hours)	1 Business Day
P3 — Medium	Non-critical function impaired or degraded; a workaround exists; limited impact on operations.	1 Business Day	3 Business Days
P4 — Low	Minor issue or cosmetic defect with no operational impact; general enquiry or product question.	2 Business Days	10 Business Days

Response times are measured from when the Provider receives a complete and accurate incident report from the Subscriber. Resolution times are targets and not guaranteed; resolution of complex issues may require further investigation or a scheduled Platform update.

4. Support Channels

Channel	Availability	Notes
Email: hello@tyst.uk	24/7 (P1 monitored out of hours)	Primary support channel for all priorities.
Help Centre: help.tyst.uk	24/7 self-service	Documentation, guides and frequently asked questions.
Live Chat (via Platform)	Business Hours	Available within the web dashboard for P2–P4 queries.
Telephone	P1 only	Telephone escalation available for P1 Critical incidents only; number provided on subscription confirmation.

5. Data Backup

The Provider will:

• perform automated daily backups of all Subscriber Data held on the Provider's infrastructure;
• retain backup copies for a rolling period of 30 days; and
• use reasonable endeavours to restore Subscriber Data from the most recent available backup in the event of data loss caused by a failure of the Provider's systems.

Data restoration is subject to the characteristics of the most recent backup and may not recover data created or modified after the time of that backup. Backup and restoration services are provided as a reasonable precaution and do not constitute a guarantee of complete data recovery in all circumstances.

6. SLA Exclusions

The availability targets and response/resolution time targets in this Schedule do not apply to, and are not breached by, unavailability or degraded performance caused by:

• planned maintenance as described in section 2 of this Schedule;
• issues with the Subscriber's hardware, software, network connections or operating environment;
• a Force Majeure Event;
• the Subscriber's failure to implement updates or patches to the Platform or the mobile application when notified by the Provider that such updates are required; or
• issues with third-party hosting infrastructure or internet service providers that are outside the Provider's direct control, where the Provider has used reasonable endeavours to mitigate the impact.