STANDARD TERMS AND CONDITIONS

Pineapple Bytes Inc. is the provider of software related products and services. Pineapple Bytes and the company named on Pineapple Bytes quotes (“you” or “Customer”) referencing these Standard Terms and Conditions (“Terms and Conditions”) agree that these Terms and Conditions will apply to Pineapple Bytes’ provision of the Software, Equipment and/or services (also referred to as “Product(s)”) listed on the quote (“Quote”).

DEFINITIONS. The following terms shall have the meanings described below:

Documentation means the operating, training and reference manuals relating to the use of the Software and Equipment and any enhancements, modifications or upgrades thereto, supplied by Pineapple Bytes to Customer pursuant to these Terms and Conditions.

End of Life Notification means (i) in the case of Software or NCR Equipment, the written notice provided by Pineapple Bytes to Customer that NCR intends to discontinue marketing, supporting and maintaining one of more of its products, including, without limitation, discontinuing the preparation of new versions or new releases for one or more items of Software or discontinuing the maintenance of a supply of replacement inventory or parts for NCR Equipment, and (ii) in the case of third party software or non-NCR Equipment, any official notice received by Pineapple Bytes that the manufacturer of such third party software or Non-NCR Equipment intends to discontinue marketing, supporting and maintaining such product, including, without limitation, discontinuing the preparation of new versions or new releases for such product or discontinuing the maintenance of a supply of replacement inventory or parts for such product.

Enhancement means any change or addition to the Software that, when made, adds new functionality or improves the Software’s utility, efficiency, functional capability or application, including, without limitation, all Error Corrections. Enhancement shall not include separately priced or separately marketed software, even if such software is designed to interface with the Software.

Equipment means the computer equipment, parts and supplies which have been formally approved by Pineapple Bytes to be used in conjunction with the Software, and which are purchased by Customer from Pineapple Bytes. Equipment includes equipment designed and manufactured by NCR and equipment designed by NCR and assembled by third parties (collectively, the “NCR Equipment”) and equipment designed and manufactured by third parties (“Non-NCR Equipment”).

Error means any failure of the Software to conform in all material respects to the Documentation for such Software.

Error Correction means either (i) a modification or addition that, when made, or added to the Software, establishes material conformity of the Software to the Documentation, or (ii) a procedure or routine that helps eliminate the practical adverse effect on Customer of any nonconformity constituting and Error.

Executable Code means a series of one or more instructions executable after suitable processing by a computer or other programmable machine, without compilation or assembly.

Software means the specific version or release of NCR computer software programs that are licensed to Customer, together with all Upgrades, Enhancements and Additional Enhancements provided to Customer by Pineapple Bytes in accordance with these Terms and Conditions. Software also includes the security key required (if any) for the operation of such Software. Unless otherwise expressly provided Pineapple Bytes, Software includes only the Executable Code and not the Source Code thereof. The Software licensed to Customer hereunder is listed on the Quote.

Source Code means a series of instructions or statements in an English-like high-level computer language, C, or JAVA, that is normally transformed by an interpreter or compiler into machine-readable Executable Code for actual use on a computer.

Upgrade(s) means new versions or new releases of the Software, which may include Enhancements, and which are generally distributed to Pineapple Bytes’ clients for no additional license fee. Upgrades do not include new versions and new releases of the Software that are either (i) marketed as a new product which may contain new features and functionality, or (ii) contain a substantially new Source Code base. Upgrades are only provided to clients who are enrolled in a Software Membership services plan and who are current on all support and maintenance services fees required thereunder.

1.0 FEES AND PAYMENTS. Customer shall pay to Pineapple Bytes the fees, charges, expenses, and deposits (if any) specified on the Quote or in these Terms and Conditions. Unless otherwise specified on the Quote, invoices issued by Pineapple Bytes hereunder are due within 30 days after the invoice is issued by Pineapple Bytes. All payment obligations hereunder are non-cancelable and nonrefundable. Payments which are not received when due shall bear interest at 1% compounded per month commencing with the date payment was due. Pineapple Bytes reserves the right to change its credit terms at any time, effective on written notice to Customer and Pineapple Bytes reserves the right to withhold performance of any obligations arising hereunder, in the event of Customer’s non-payment when due of any undisputed amounts owed to Pineapple Bytes. Customer is responsible for providing updated banking / credit card information to Pineapple Bytes as required. Pineapple Bytes reserves the right to change pricing of products and services at any time.

2.0 SOFTWARE LICENSE.

2.1 Subject to the Terms and Conditions and payment of the applicable fees and charges set forth on the Quote or herein, Pineapple Bytes grants to Customer the non-exclusive and limited right and license in Canada (a) to install the Software at the Customer locations authorized in writing by Pineapple Bytes as noted on the Quote (“Licensed Sites”) and for the business concept listed on the Quote, but only for the internal, in-house use by Customer and performing administrative functions pertaining thereto;

and (b) to use the Documentation in connection with such rights. Except as expressly set forth herein, all rights and licenses granted to Customer are non-transferable and non-assignable. With respect to third-party software provided by Pineapple Bytes for use with the Software (“Third Party Software”), Customer acknowledges that its right to use any such Third Party Software is specified on the license agreement provided by the appropriate licensor of such Third Party Software.

2.2 With respect to Software which resides at the Licensed Site, Customer may relocate the Software and Documentation to another site owned and/or operated by Customer (which new site will replace the old Licensed Site and become the new Licensed Site), but only if Customer gives Pineapple Bytes at least 15 days’ prior written notice and provided that all of the Software and Documentation, and all copies thereof, located at the old Licensed Site are moved to the new Licensed Site and provided that Customer is current on all maintenance services for the Software, including all payment obligations related thereto.

2.3 In the event that Customer sells a Licensed Site or otherwise ceases operation of a business at a Licensed Site, Pineapple Bytes agrees to allow the transfer of the license to the Software and Documentation used at such a Licensed Site to the new operator of such Licensed Site upon the following terms and conditions provided that Customer is current on all maintenance services for the Software: (i) in no event shall the license to the Software be transferred to any entity that offers for sale or licenses or develops software that is, in NCR’s reasonable opinion a potential substitute or replacement for the Software or any part thereof, (ii) the transferee must execute NCR’s standard form of software license agreement, as modified by such terms and conditions as NCR may reasonably require given the circumstances under which transferee obtained the license to the Software and Documentation; (iii) Customer shall pay, or cause the transferee to pay, to Pineapple Bytes a reasonable transfer fee as determine by Pineapple Bytes; and (iv) prior to the effective date of transfer, Customer must have paid to Pineapple Bytes any and all monies due to Pineapple Bytes pursuant to the Quote, these Terms and Conditions or any other agreement between Pineapple Bytes and Customer.

2.4 In order for the Software to operate on Customer’s system, Customer may be given a security key. The replacement value of the security key is the amount stated as the Software Licensed Site license fee for such Licensed Site, as stated on Quote. This key is Customer’s responsibility and will not be replaced without payment of the replacement value by Customer if lost, stolen or destroyed. It is Customer’s responsibility to safeguard and insure this asset as Customer would with any other asset of significant value.

2.5 The Software may not be interfaced to any unapproved third party application. Also, Customer may not without the prior written consent of Pineapple Bytes have read or write access to any Pineapple Bytes proprietary database repository that is used to store data as part of the functionality of the Software.

3.0 SOFTWARE WARRANTIES. Pineapple Bytes shall have no obligation should the Software be modified, altered, merged or subjected to misuse, neglect, accident or improper use by the Customer or any third party. Pineapple Bytes does not warrant that the Software will operate in conjunction with equipment or software that is neither provided by nor formally approved by Pineapple Bytes, or that the operation of the Software will always be uninterrupted or problem or Error free.

4.0 SOFTWARE OWNERSHIP. Customer acknowledges and agrees that, except for Customer’s license expressly described in these Terms and Conditions, Customer has no right, title, and interest in the Software, in any form, or in any copies thereof, including all worldwide copyrights, trade secrets, patent rights and any other proprietary information and confidential information rights therein. In connection therewith, Customer agrees at all times hereafter to keep the Software free of all security interests, liens, encumbrances, mortgages and claims whatsoever, and Customer agrees that neither it nor anyone at its direction shall file a financing statement, mortgage, notice of lien, deed of trust security agreement or any other agreement or instrument creating or giving notice of an encumbrance or charge against the Software.

5.0 PROFESSIONAL SERVICES. Customer may request, and Pineapple Bytes may provide, certain professional services to Customer during the term hereof including consultation, training, installation and implementation services and other services to which the parties agree. At Pineapple Bytes’ option, Pineapple Bytes may utilize subcontractors to perform any services hereunder. The fees for professional services shall be billable at Pineapple Bytes’ hourly and daily rates or on a project basis. For purposes hereof, the term “work day” means an eight hour day. If more than eight hours of work are provided in one day, the daily rate will apply, and the time spent in excess of eight hours will be billed at an hourly rate. In addition to the professional services fees payable hereunder, Customer shall pay all reasonable expenses, including travel, meal, lodging and miscellaneous expenses incurred by Pineapple Bytes in connection with providing professional services to Customer, managing service projects for Customer and meeting with Customer, at Customer’s request, to discuss service projects, project plans or other matters pertaining to the business relationship between the parties.

6.0 SUPPORT AND MAINTENANCE SERVICES.

6.1 Support and Maintenance Plans

6.1.1 Help Desk Support Services. If specified on the Quote, Pineapple Bytes agrees to provide Customer with Help Desk Support as referenced on the Quote and pursuant to the terms of Exhibit A to these Terms and Conditions on an annual basis. The term under these service plans will commence as of the date of payment and remain in effect for a period of one year from such date automatically renewing for successive annual terms unless Customer gives Pineapple Bytes written notice of non-renewal at least 60 days before the expiration of the then-current annual plan period. If payment is between 1st and 15th, support agreement will expire on the 1st of the current month. If payment is between 16th and 31st, support agreement will expire on the 1st of the following month.

6.1.2 Software Membership. If specified on the Quote, Pineapple Bytes agrees to provide Customer with Software Membership as referenced on the Quote and pursuant to the terms of Exhibit A to these Terms and Conditions. Aloha Software Membership Plans are in effect for a period of 24 months. Counterpoint Software Membership Plans are in effect for a period of 12 months. The term under these software membership plans will commence as of the date of payment and remain in effect for the term specified for the software and from such date automatically renewing for successive terms unless Customer gives Pineapple Bytes written notice of non-renewal at least 60 days before the expiration of the then-current plan period. A current Help Desk Support Agreement must be maintained in order to qualify for Software Membership.

6.1.3 Equipment Maintenance Service. If specified on the Quote, Pineapple Bytes agrees to provide Customer with Equipment Maintenance Service as referenced on the Quote and pursuant to the terms of Exhibit A to these Terms and Conditions on an annual basis. The term under these service plans will commence as of the date of Quote and remain in effect for a period of one year from such date automatically renewing for successive annual terms unless Customer gives Pineapple Bytes written notice of non-renewal at least 60 days before the expiration of the thencurrent annual plan period.

6.1.4 Fees and Payments. As specified on the Quote, Customer shall pay to Pineapple Bytes the applicable fee depending on the services selected. Pineapple Bytes will invoice Customer for the Software support and maintenance services and such fees are to be paid prior to activation of the contract. Customers selecting a monthly payment plan must provide pre-authorized electronic funds transfer or credit card information to be kept on file at Pineapple Bytes for automatic monthly processing. Any service requests “out-of-scope” as set forth in Section 3.0 of the Equipment Maintenance Services section of Exhibit A to these Terms and Conditions as well as Section 7.0 of the Help Desk Support Plans and Software Membership section of Exhibit A to these Terms and Conditions shall be charged on a per occurrence basis.

6.1.5 Upgrades provided as part of the Software Membership services as set forth in Section 2.0 of the Help Desk Support Agreement and Software Membership section of Exhibit A to these Terms and Conditions may require Equipment to be upgraded to be in compliance with published specifications. Upgrades to Equipment are subject to separate fees chargeable as additional Equipment fees as well as professional services as set forth in Section 5.0 of these Terms and Conditions. Professional services are separate from and not included as part of any support and maintenance service offering provided pursuant to this Section 6.1 of these Terms and Conditions.

6.1.6 If Customer fails to pay any of the fees due hereunder Pineapple Bytes has the right to suspend or terminate such services or any part thereof.

6.1.7 Reactivation of expired Software Membership may result in reinstatement fees as determined by Pineapple Bytes.

6.2 Per Occurrence Support Services. If Customer does not elect to purchase any support or maintenance plans for the Products, any service requests will be charged on a per occurrence basis and will only be available during regular business hours between 08:30 and 17:00. Additional services may be required that may be deemed out-of-scope. Any service requests not covered by an applicable annual support or annual maintenance plan selected by the Customer will be charged on a per occurrence basis. Customer agrees to provide payment of service fee, payment preauthorization, or at Pineapple Bytes’ discretion, both payment and payment preauthorization, prior to Pineapple Bytes providing any support services hereunder.

6.3 End of Life Notification.

6.3.1 Unless otherwise specified to the contrary on the Quote, Customer understands and agrees that its right to continue purchasing and receiving support and maintenance services for Software and/or NCR Equipment pursuant to Exhibit A to these Terms and Conditions, respectively, shall continue with respect to any such Software for no more than 12 months from the date that NCR issues an End of Life Notification for such Software, and with respect to any such NCR Equipment, for at least 12 months from the date that NCR issues an End of Life Notification for such NCR Equipment. In addition, unless otherwise set forth on the Quote, Customer acknowledges and agrees that its right hereunder to purchase (i) licenses to selected items of Software and (ii) items of NCR Equipment, shall expire (if not otherwise earlier terminated as provided herein)) on the date or time when NCR discontinues selling such Software and/or NCR Equipment in conformity with the applicable End of Life Notification for any such Software and/or NCR Equipment.

6.3.2 Any End of Life Notification relating to Third Party Software issued by a licensor of such Third Party Software, will dictate the terms under which Customer may continue to receive support and maintenance services associated with such Third Party Software. Pineapple Bytes agrees to use reasonable efforts to transmit to Customer any End of Life Notification it receives relating to any Third Party Software.

7.0 PAYMENT CARD INDUSTRY. Customer is responsible for its own Payment Card Industry (PCI) and Data Security Standard (DSS) compliance.

8.0 DATA SECURITY AND CYBERCRIME PREVENTION. Unless otherwise specified in a separate writing signed by both Customer and Pineapple Bytes, it is Customer’s responsibility to have and maintain in place malware protection software and security for all of Customer’s systems and data, which security includes properly configured hardware firewalls, unique, strong passwords per user, physical security, and access control policies. In the event that the Customer does purchase third party antivirus software from Pineapple Bytes, it is Customer’s responsibility to notify Pineapple Bytes of expired antivirus software and contact Pineapple Bytes for renewal. Pineapple Bytes does not manage third party antivirus and is not responsible for renewal. Customer acknowledges that the security and protection of its network and the data and applications on that network, including protections against unauthorized access, is solely and entirely Customer’s responsibility. A properly configured firewall is required for each Licensed Site using a persistent connection to the public internet or any private network where there is a potential for unauthorized access. Customer acknowledges that, to be effective, malware protection software, hardware firewalls, system passwords and other security software and hardware components require periodic and routine updates, which Customer must obtain or perform as applicable.

9.0 CUSTOMER’S ADDITIONAL RESPONSIBILITIES. Unless otherwise specified in these Terms and Conditions or in a separate writing signed by both Customer and Pineapple Bytes, Customer shall be solely responsible for the following: (a) selection of the Software to achieve Customer’s intended results; (b) evaluation of Pineapple Bytes’ products relating to Customer’s specific business requirements and technical environment; (c) the results obtained from use and operation of the Software and Equipment (if applicable); (d) providing cabling and all cabling services in preparation for the installation of the Software and Equipment (if applicable); (e) providing and maintaining the appropriate operating environment for the Software and/or Equipment, including related security and access controls, and maintaining back-up and disaster recover procedures, facilities and equipment (if applicable); (f) adherence to any applicable electronic payment processing standards or requirements related to Customer’s operations; (g) all data entry and loading; (h) installing Upgrades provided by Pineapple Bytes and securely deleting previously stored Customer information or data; (i) the content of all Customer information or data, the selection and implementation of controls on the access and use of such information or data, and the protection and back-up of the sored information or data; (j) the configuration of all required data parameters associated with the use of the Software and its operating environment, including security-related parameters; (k) compliance with all applicable laws, rules or regulations affecting or governing Customer information or data configuration parameters in the Software; (l) providing all Customer-specific images other than those provided by Pineapple Bytes that are required to be loaded onto any Equipment, and (m) providing adequate training on the use and operation of the Software to Customer’s employees and maintaining adequate supervision of such employees.

10.0 TERM AND TERMINATION. These Terms and Conditions shall be valid as of the date on which a Quote that has been signed by Customer is received and accepted by Pineapple Bytes and shall continue unless terminated by either party upon the giving of written notice.

11.0 FORCE MAJEURE. Neither party will be held liable for any default or delay in the performance of its obligations hereunder; if and to the extent that such default or delay arises out of causes beyond its reasonable control, including default or delays of the other party, acts of God, acts of war, acts of governmental authority, fires, cable cuts, floods, terrorism and riots.

12.0 APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the laws of Canada applicable therein, which shall be deemed to be the proper law hereof. The parties hereto submit to the exclusive jurisdiction of the courts of Nova Scotia. All obligations of the parties under this Agreement are subject to receipt of all necessary approvals of the applicable securities regulatory authorities.

13.0 MISCELLANEOUS.

13.1 Customer agrees that Pineapple Bytes may revise these Terms and Conditions at any time during the term of these Terms and Conditions; provided that if Pineapple Bytes makes any revisions, Pineapple Bytes will provide notice to Customer of such revisions, which notice may be given by any of the following means: (i) by the posting of a notice on Customer’s invoice or Quote, (ii) by sending an e-mail to the e-mail address that Pineapple Bytes has on file for Customer’s primary contact, or (iii) by any other electronic or non-electronic means that Pineapple Bytes believes is reasonably likely to reach Customer. Unless Customer within 10 days after delivery of such notice by Pineapple Bytes provides written notice to Pineapple Bytes that Customer elects to terminate these Terms and Conditions, such revisions shall thereafter be effective under these Terms and Conditions, and continued use of the Products after delivery of such notice and the lapse of 10 days thereafter without Customer providing a written termination notice to Pineapple Bytes shall be deemed to be acceptance of such revisions and these Terms and Conditions as so revised.

13.2 Customer acknowledges that it has read and understands these Terms and Conditions, and agrees to be bound by same. Further Customer agrees that the Quote, these Terms and Conditions, together with any Exhibits attached to these Terms and Conditions, will be the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter hereto.

EXHIBIT A

EQUIPMENT MAINTENANCE SERVICES

1.0 ANNUAL MAINTENANCE PLAN. Pineapple Bytes offers a maintenance plan for NCR Equipment. Any break in continuous, active Equipment Maintenance may require an inspection of all Equipment prior to commencing any further Equipment Maintenance Service. Under this plan, Customer is required to promptly notify Pineapple Bytes of any Equipment malfunctions or defects via telephone support hotline provided as part of Pineapple Bytes’ Software support services. Upon receipt of such notification, a Pineapple Bytes certified support technician will attempt to diagnose the Equipment malfunction or defect and make a determination as to whether a replacement item of Equipment is required. If a replacement item of Equipment is required, the Support Technician will issue a returned merchandise authorization (“RMA”) number to Customer, which will constitute Customer’s authorization to return the failed or malfunctioning item of Equipment to NCR, at Customer’s risk and expense. NCR will dispatch the replacement item of Equipment to the licensed site. Customer will receive the replacement Equipment within 5 business days.

2.0 EQUIPMENT WARRANTY AND MAINTENANCE POLICIES, PROCEDURES AND LIMITATIONS.

2.1 Equipment returned for reasons other than malfunction or defect including, without limitation, reasons relating solely to physical appearance, aesthetic quality or other cosmetic factors, battery life, printer consumables, or broken cables and connectors will not be considered by Pineapple Bytes as qualifying for maintenance services at no additional charge hereunder, whether during or after the applicable warranty term.

2.2 Malfunctioning or defective Equipment or damage to Equipment caused by the following circumstances will not be considered by Pineapple Bytes as qualifying for maintenance services, whether during or after the applicable warranty period: (i) failure to operate the Equipment continually in a suitable operating environment as designated by Pineapple Bytes or the manufacturer of the Equipment; (ii) use of the Equipment for other than data processing purposes or neglect or abuse of the Equipment; (iii) accident or disaster (including, but not limited to, flood, fire and severe weather); (iv) alteration by Customer or any third party other than Pineapple Bytes; (v) use of the Equipment with electrical systems external to the Equipment or accessories, attachments or other devices not furnished by Pineapple Bytes; (vi) faulty electrical power (ex. Not properly grounded, surge suppressed, etc); (vii) relocation or moving of any Equipment; or (viii) malfunctions or other problems relating to the Equipment caused by software other than that supplied by Pineapple Bytes.

2.3 Equipment returned to NCR which is determined not to be in need of repair (“no Fault Found” or “NFF”) by NCR technicians will not be considered by Pineapple Bytes as qualifying for maintenance services at no additional charge hereunder, whether or during or after the applicable warranty period.

2.4 Customer shall pay the then-current “out-of-scope” service rate for any item of Equipment returned for any of the reasons set forth in this section 2.0.

2.5 Timelines described in the applicable Equipment maintenance plan shall not be applicable to Customer-deferred calls. Service requests received within four hours of a Licensed Site closing will be considered Customer-deferred calls.

2.6 Licensed Sites or Equipment items may only be added to an Equipment maintenance plan with 30 day’s prior written notice to Pineapple Bytes.

2.7 When Equipment upgrades are necessary because of an Equipment’s performance or end of life, Customer and Pineapple Bytes agree to negotiate in good faith a mutually agreeable addendum to these Terms and Conditions that includes an adjustment in the fees associated with Equipment maintenance service for such upgraded Equipment. In lieu of an addendum and price adjustment, Pineapple Bytes, at its discretion, may substitute Equipment of equal or greater functionality.

2.8 In the event Customer requests that Pineapple Bytes dispatch replacement items of Equipment to a mutually agreed upon location other than the Licensed Site, Pineapple Bytes shall undertake reasonable efforts to dispatch the replacement items of Equipment to such other location in accordance with the terms of the Equipment maintenance plan applicable to the Licensed Site.

2.9 Pineapple Bytes will not be responsible for backing-up, removing, protecting or restoring programs, data or removable storage media contained in or operating on any item of failed Equipment, unless otherwise agreed to in wiring by the parties.

2.10 The cost of replacement items of Equipment provided under the maintenance plans will be included in the price of the maintenance plan, provided that: (i) the Equipment malfunction or failure was not caused by any of the circumstances set forth in this Section 2.0; and (ii) Customer returns any failed item of Equipment within 30 days of Customer’s receipt of the replacement item of Equipment. If Customer fails return the Equipment in accordance with the time specified, Customer will be charged the then-current list price for the replacement item of Equipment. Any failed item of Equipment returned to NCR between 31 and 60 days after Customer’s receipt of the replacement item of Equipment may be accepted for return at Pineapple Bytes discretion and, if accepted, will be subject to a restocking fee of 25% of the then-current list price for the replacement item of Equipment.

HELP DESK SUPPORT AGREEMENT AND SOFTWARE MEMBERSHIP

1.0 SUPPORT AGREEMENT AND SERVICES. Pineapple Bytes offers the following support plan and services for Software which resides at the Licensed Site.

1.1 Pineapple Bytes will provide support services directly to each Licensed Site. As part of these services, Pineapple Bytes will provide a telephone hotline 24 hours a day, 7 days a week with respect to Software installed at the Licensed Site, which will enable Customer to report Software problems and receive assistance in resolving Software problems. Upon receipt of such notification from Customer, Pineapple Bytes will assign a severity level to the reported Software problem in accordance with the Schedule listed below. Thereafter, Pineapple Bytes will use its best efforts to respond to Customer’s call and diagnose the Software problem within the estimated response period designated below for the applicable severity level. In the event a problem with the Software cannot be diagnosed via the help desk, Pineapple Bytes may use a computer modem or other communications method preferable to Pineapple Bytes to control remotely the Software at the Licensed Site and Customer will assist Pineapple Bytes to the extent necessary to facilitate the foregoing. Software problem diagnosis will include a determination as to whether: (i) the reported Software problem constitutes an Error or a Software irregularity, interruption or malfunction other than an Error; or (ii) the reported problem is excluded from support services, as specified in the limitation section below.

1.2 Customer must provide their Business Name, Contact Name, Phone Number and a detailed description when leaving a voicemail for the after-hours support line. Pineapple Bytes has the right to not return calls if detailed information is not provided.

1.3 In the event the reported problem is excluded from support services, Pineapple Bytes shall notify Customer promptly with its rationale for such a determination.

1.4 If, in Pineapple Bytes’ opinion, the reported problem constitutes an Error, Customer will be responsible for providing Pineapple Bytes with sufficient documentation and materials, if any, in order for Pineapple Bytes to reproduce the Error. If the Error is verified, Pineapple Bytes will use its best efforts to provide Customer with a temporary “fix”. In the event that the verified Error is not, in Pineapple Bytes’ opinion, valid or reproducible, Pineapple Bytes shall notify Customer promptly with its rationale for such a determination.

1.5 If, in Pineapple Bytes’ opinion, the reported problem constitutes a Software irregularity, interruption, or malfunction other than an Error, Pineapple Bytes will provide Customer with the necessary technical assistance to enable Customer to correct the problem or to otherwise become operational.

1.6 The following severity level definitions shall apply:

Severity Level Definition

Severity 1 Customer is unable to use the Software or the problem results in a critical impact on the Customer’s operations. Any critical problem with no workaround. (Emergency)

For purposes of this Exhibit A the following will be considered Severity 1 incidents:

 More than 50% of all terminals are down

 More than 50% of all specialty terminals are down (Bar, Patio, Dining, Drive Thru, etc)

 Kitchen / Bar printer is down

 More than 50% of receipt printers are down

 Licensed Site is unable to process credit card or gift card transactions

 End of Day process failed to complete

 Trans.log corruption

 Security key is damaged or missing

 Licensed Site is unable to close period

 Unable to use video

Severity 2 Customer is able to use the Software with limited functions which are not critical to the Customer’s overall operations. (Routine)

For purposes of this Exhibit A the following will be considered Severity 2 incidents:

 Pineapple Bytes contracted Software Error

 Pineapple Bytes contracted Equipment issue

 Training error

 Database change, configuration, corruption

Severity 3 There is minimal impact to normal functionality of the Software. (Service Request)

For purposes of this Exhibit A the following will be considered Severity 3 incidents:

 Issues related to any non-Pineapple Bytes contracted software (third party software)

 Issues related to any non-Pineapple Bytes contracted equipment

1. The following are estimated initial response times applicable to the associated severity levels for Software issues arising solely at a Licensed Site:

Severity 1 Pineapple Bytes will respond within 1 hour

Severity 2 Pineapple Bytes will respond within 4 hours

Severity 3 Pineapple Bytes will respond by end of next business day

2.0 SOFTWARE MEMBERSHIP SERVICES. For the fee specified on the Quote, Pineapple Bytes will provide Customer with all generally released Upgrades for the Software installed at each Licensed Site, provided the customer’s Help Desk Support Agreement is in good standing. The content and timing of the Upgrades will be determined by Pineapple Bytes in its sole discretion. Customer must approve any installation of Upgrades.

3.0 ADDITIONAL SUPPORT COSTS. Customer agrees to provide each Licensed Site with an internet based or dial up connection for remote support. If an internet based connection cannot be established the Customer will be billed for long distance phone charges incurred by Pineapple Bytes in connection with supporting the Licensed Site.

4.0 ACCESS TO SYSTEM. Customer agrees to allow Pineapple Bytes reasonable access to Customer’s computer system and the Software in order to provide any applicable maintenance and support services pursuant to these Terms and Conditions, including support services when Customer is self-hosting any Software, to verify license status, and to change settings and/or install or remove applications to address data security risks. Customer acknowledges and agrees that Pineapple Bytes may use the NCR Command Centre product in order to access Customer’s system, and agrees that Pineapple Bytes may load such product and keep it updated on Customer’s system as needed.

5.0 ON SITE SUPPORT. Pineapple Bytes reserves the right to determine whether an on-site technician is required. Support calls requiring an on-site technician will be subject to an additional charge and will be invoiced to Customers at Pineapple Bytes then current hourly rate including travel time. Customer agrees to provide Pineapple Bytes’ technician full and immediate access to the equipment. Customer will be invoiced for time Pineapple Bytes technician is waiting for access to equipment.

6.0 REIMBURSEMENT. Customer shall reimburse Pineapple Bytes for all reasonable expenses incurred and time spent in responding to false maintenance or support claims, repairing any alterations or revisions to the Software made by Customer and correcting Errors or other defects resulting from circumstances or events for which support services are limited, inapplicable or excluded as specified herein. Such services will be treated as professional services rendered by Pineapple Bytes for Customer and shall be charged in accordance with Pineapple Bytes’ then-current professional services rates.

7.0 SUPPORT AND MAINTENANCE LIMITATIONS AND EXCLUSIONS.

7.1 Incidents logged for Software support and/or maintenance services for any of the reason set forth in this Section 7.0 will be subject to Pineapple Bytes’ then-current out-of-scope rates.

7.2 Support and maintenance contracts are non-transferrable.

7.3 Support and maintenance services do not apply to software licensed to Customer by third parties other than Pineapple

Bytes.

7.4 Software defects, abnormal operation of the Software or inability to operate the Software resulting from Customer’s misuse or improper use of the Software, use of the Software or equipment by untrained personnel or personnel who require additional training from Customer, improper entry of data in connection with the Software or from combining or merging the Software with any computer equipment or software not supplied by Pineapple Bytes (or not approved in writing by Pineapple Bytes to be combine or merged with the Software) will not be considered by Pineapple Bytes as qualifying for support or maintenance services.

7.5 Pineapple Bytes does not encourage Customers to use the Auto Settle feature with their POS system due to failures that may occur. Pineapple Bytes recommends closing the batch manually as part of a daily procedure to ensure accuracy. Pineapple Bytes will not be held responsible for settlement of Customers funds to their financial institution.

7.6 Pineapple Bytes shall not be responsible for providing support or maintenance services if the request for technical assistance arises solely from the inability of Customer personnel to operate the Software in conformity with store or Customer operational procedures including, but not limited to, product pricing and cash management policies. Customer may elect to purchase professional services from Pineapple Bytes for additional product training which shall be subject to Pineapple Bytes’ then-current professional services rates.

7.7 Pineapple Bytes shall not be responsible for providing Software support or maintenance services for any version of a Software program other than the most recent generally released Upgrade, provided, however that Pineapple Bytes shall continue to support the most recent superseded Upgrade for one year from the date of the general distribution of the most current Upgrade.

7.8 Problems of the Software caused by Customer’s data, network, and database, operational or other environmental factors not within the direct control of Pineapple Bytes will not be considered by Pineapple Bytes as qualifying for support or maintenance services.

7.9 Errors for which Pineapple Bytes has provided technical or operational corrections not implemented by Customer within a reasonable time (not to exceed 90 days) will not be considered by Pineapple Bytes as qualifying for support or maintenance services.

7.10 Pineapple Bytes shall not be responsible for software customization. Customer may elect to purchase professional services from Pineapple Bytes for software customization which shall be subject to Pineapple Bytes’ then-current professional services rates.

7.11 Pineapple Bytes shall not be responsible for operating system user management. This includes but is not limited to password management, password resets and Software user logins.

7.12 Certain features of our services and products may utilize the services and/or products of third-party vendors and business partners, which services and/or products may include software, information, data or other services. Certain of these vendors and business partners require Users who utilize such features to agree to additional terms and conditions. Your uses of such features constitute your agreement to be bound by these additional terms and conditions. Pineapple bytes Inc. does not provide any warranties or support with respect to these services. These third party terms are subject to change at such third party’s discretion.