Common use of Technology Improvement Clause in Contracts

Technology Improvement. The parties acknowledge that the Komo Platform is a platform and may extend toto multiple third party technologies and standards, all of which will evolve over time. Komo may modify the Subscription Services and Supplemental Materials as it determines necessary to reflect changes in technology and information security practices. Komo will notify the Customer in advance of any material modifications. If ▇▇▇▇ proposes to introduce any “Breaking Change” (defined below) into the Komo Platform, then Komo will provide the Customer at least two (2) months’ notice prior to ▇▇▇▇'s implementation of the Breaking Change, except in cases of emergency, such as critical vulnerability remediation, in which case Komo will provide as much prior notice as is reasonable in the circumstances. If a modification (including a Breaking Change) made by Komo materially reduces the features or functionality of the Subscription Services then, unless ▇▇▇▇ has provided a substantially equivalent replacement, the Customer may, at any time within the 30 day period following Komo's implementation of the modification, terminate any affected Sales Order by delivery of written notice to Komo to that effect. Within 30 days of such termination, ▇▇▇▇ will refund to the Customer a pro-rata amount of any affected Subscription Services fees prepaid to Komo and applicable to the unutilized portion of the Subscription Term for terminated Subscription Services, and any affected unutilised Professional Services fees prepaid to Komo. Notwithstanding the foregoing, ▇▇▇▇ will not be obligated to provide the Customer with any refund for modifications made by Komo to address: (i) changes in applicable law, (ii) changes in its third party certification standards (such as ISO 27001, ISO 27018 or PCI- DSS), or (iii) a security vulnerability, unless, in the case of items (ii) and (iii), the modification is a Breaking Change, and the Breaking Change makes it impossible for the Customer to continue to use the Komo Platform. Upon any modification to the Subscription Services or Supplemental Materials, Komo may require the Customer to utilise updates to Komo software, or updates to third party software utilised by the Customer in order

Technology Improvement. The parties acknowledge that the Komo Platform is a platform and may extend toto to multiple third party technologies and standards, all of which will evolve over time. Komo may modify the Subscription Services and Supplemental Materials as it determines necessary to reflect changes in technology and information security practices. Komo will notify the Customer in advance of any material modifications. If ▇▇▇▇ proposes to introduce any “Breaking Change” (defined below) into the Komo Platform, then Komo will provide the Customer at least two (2) months’ notice prior to ▇▇▇▇'s implementation of the Breaking Change, except in cases of emergency, such as critical vulnerability remediation, in which case Komo will provide as much prior notice as is reasonable in the circumstances. If a modification (including a Breaking Change) made by Komo materially reduces the features or functionality of the Subscription Services then, unless ▇▇▇▇ has provided a substantially equivalent replacement, the Customer may, at any time within the 30 day period following Komo's implementation of the modification and written notification to Customer of such modification, terminate any affected Sales Order by delivery of written notice to Komo to that effect. Within 30 days of such termination, ▇▇▇▇ will refund to the Customer a pro-rata amount of any affected Subscription Services fees prepaid to Komo and applicable to the unutilized portion of the Subscription Term for terminated Subscription Services, and any affected unutilised unutilized Professional Services fees prepaid to Komo. Notwithstanding the foregoing, ▇▇▇▇ will not be obligated to provide the Customer with any refund for modifications made by Komo to address: (i) changes in applicable law, , (ii) changes in its third party certification standards (such as ISO 27001, ISO 27018 or PCI- DSS), or (iii) a security vulnerability, unless, in the case of items (ii) and (iii), the modification is a Breaking Change, and the Breaking Change makes it impossible for the Customer to continue to use the Komo Platform. Upon any modification to the Subscription Services or Supplemental Materials, Komo may require the Customer to utilise updates to Komo software, or updates to third party software utilised by the Customer in order.