ANNEX I – SaaS SERVICE AGREEMENT

SeaWex SmartPort – Port Telemetry Platform

1. Purpose of the Agreement

SeaWex undertakes to provide the Client with access and use of the SmartPort platform in SaaS (Software as a Service) mode, intended for the monitoring, management, and visualization of operational data from port infrastructure using LoRaWAN technology.

2. Scope of Service

The service includes:

• Access to a personalized control panel for viewing consumption, status, and alerts.
• Integration with SeaWex pedestals and compatible devices.
• Data export in standard formats (CSV, JSON, PDF).
• Technical support according to the contracted modality.
• Functional and security updates at no additional cost.
• Multi-user access with differentiated roles (management, supervision, maintenance).
• Scalability for multiple locations and devices.

3. Platform Availability

SeaWex guarantees a minimum monthly availability of 99.5%, excluding scheduled maintenance and force majeure. The platform is hosted on European cloud infrastructure with geographic redundancy, load balancing, and daily backups.

3.1 Scheduled Maintenance

SeaWex may perform maintenance tasks with a minimum notice of 48 hours. These tasks will preferably be scheduled at night or on weekends to minimize operational impact.

3.2 Critical Incidents

In the event of total or partial service outage, SeaWex will activate its recovery protocol, with response times according to the contracted support level.

4. Technical Support

4.1 Support Levels

The support level will be specified in the quotation and may be upgraded at any time.

4.2 Types of Incidents

• Critical: total service outage, data loss, security breach.
• High: functional failure affecting multiple users or devices.
• Medium: isolated error without serious operational impact.
• Low: technical inquiry, improvement, or suggestion.

SeaWex prioritizes incidents based on their severity and maintains traceability of all interventions.

5. Data Security and Protection

SeaWex complies with the General Data Protection Regulation (GDPR) and applies technical and organizational measures to ensure the confidentiality, integrity, and availability of information.

• TLS encryption on all communications.
• Secure authentication with role-based access control.
• Daily backups with 30-day retention.
• Continuous monitoring of activity and access.
• Infrastructure hosted in ISO 27001 certified data centers.
• Data generated by the Client is their property and may be exported at any time.

6. Backup and Recovery

SeaWex guarantees automatic daily backups of the Client’s operational and configuration data, including:

• Consumption records and pedestal status
• Alert and user configuration
• Event and telemetry history

Backups are stored in European cloud infrastructure with geographic redundancy and encryption at rest. The system maintains a 365-day retention period, allowing point-in-time restoration in case of loss, corruption, or operational error. For longer retention for statistical use, contact sales.

6.1 Data Restoration

The Client may request data restoration via email, indicating the desired time range. SeaWex undertakes to complete the restoration within a maximum of 48 business hours, except in critical incidents.

6.2 Recovery Testing

SeaWex performs periodic restoration tests to validate backup integrity and ensure effective service availability in case of contingencies.

7. Integration with Third-Party APIs

The SeaWex SmartPort platform allows integration with external APIs to enhance functionality and facilitate interoperability with port systems, ERPs, energy management platforms, or third-party solutions.

7.1 Available Integration Types

• REST API for real-time data query and submission
• Webhooks for automatic notifications on critical events
• Scheduled export to endpoints defined by the Client
• Integration with third-party platforms

All communications with external APIs are conducted via HTTPS with secure authentication (token, OAuth, or API key). The Client may manage credentials from the admin panel or request support for advanced configurations.

7.3 Third-Party Responsibility

SeaWex is not responsible for the availability, security, or operation of third-party APIs. Any incident arising from external services must be managed by the Client with the corresponding provider.

8. License of Use

SeaWex grants the Client a non-exclusive, non-transferable license limited to the contracted period, for the use of the SmartPort platform within their port infrastructure.

9. Duration and Renewal

The initial service duration is 12 months from the activation date. Renewal will be automatic unless expressly indicated by the Client at least 30 days in advance. SeaWex may offer preferential conditions for multi-year renewals.

10. Fees and Billing

The SaaS service cost is detailed as a separate line in the quotation. The fee may vary depending on the number of connected pedestals or smart devices, activated features, and data volume managed. Billing will be annual unless otherwise agreed.

11. Hardware Supply Conditions

The supply of physical material, including smart meters, pedestals, gateways, sensors, or other SeaWex devices, will be subject to the following conditions:

• The total hardware amount must be paid upon signing the quotation and before shipment.
• SeaWex will not initiate logistics or packaging until payment confirmation is received.
• Shipping costs may be included as an additional line in the quotation, depending on destination, volume, and transport mode.
• The Client may request express shipping or additional insurance, which will be quoted separately.

12. Smart Device Warranty

SeaWex smart devices are covered by a 2-year legal warranty, in accordance with current European legislation. The warranty covers manufacturing defects and operation under normal use conditions. Damage due to improper handling, unauthorized installation, extreme conditions, or unapproved modifications is excluded.

13. Engineering Exclusion

This contract does not include engineering services, custom design, civil works, electrical installation, or external certifications. Any additional service must be quoted and agreed separately.

14. Liability

SeaWex shall not be liable for service interruptions caused by third parties, force majeure, or unauthorized external configurations. SeaWex’s liability is limited to the annual amount of the contracted service.

15. Jurisdiction

This contract shall be governed by Spanish law. The parties submit to the courts and tribunals of Palma de Mallorca, expressly waiving any other jurisdiction.

16. Intellectual Property

16.1 Ownership

All intellectual and industrial property rights over the SeaWex SmartPort platform, including its source code, architecture, design, functionalities, technical documentation, interfaces, APIs, trademarks, logos, and any other associated element, are the exclusive property of SeaWex SmartPort or its licensors. The Client does not acquire any ownership rights over the platform or its components, beyond the limited use granted under this contract.

16.2 Usage Restrictions

The Client agrees not to perform, directly or indirectly, the following actions without express written authorization from SeaWex SmartPort:

• Copy, modify, decompile, reverse engineer, or create derivative developments of the platform.
• Use the platform outside the scope of their port infrastructure or for purposes other than those contracted.
• Assign, sublicense, rent, sell, or transfer access to third parties.
• Remove, hide, or alter intellectual property notices or registered trademarks.

16.3 Technological Protection

SeaWex SmartPort may implement technical protection measures to ensure authorized use of the platform. The Client agrees not to interfere with, disable, or circumvent such measures.

16.4 Infringement and Liability

In case of unauthorized use, improper reproduction, or violation of SeaWex SmartPort’s intellectual property rights, the Client shall be liable for damages caused, including legal costs, compensation, and loss of revenue.

16.5 Third-Party Collaboration

When the Client integrates the SeaWex SmartPort platform into third-party systems (pedestals, sensors, ERPs, etc.), they must ensure that such third parties comply with the usage and intellectual property conditions established herein.