Legal

Application

The Acceptable Use Policy ("AUP") of SPYR Network Ltd. ("SPYR") applies to the Customer under any agreement for Services ("Services Agreement") and to any of its employees, agents, contractors, end users, or anyone else using or accessing the Customer's Services (the "Users").

All Users will comply with this AUP. The Customer is responsible for any breach of this AUP by any User as if the breach were its own. Failure to comply with this AUP can result in speed throttling, suspension, or termination of Services.

Capitalized terms not defined in this AUP have the meaning given in the SPYR Service Terms and Conditions published at spyr.ca/legal (the "Terms").

IMPORTANT NOTE: SPYR may modify this AUP at any time by posting a revised version at www.spyr.ca/legal. Where a change is required in order to comply with law, with a requirement of a regulatory or industry body, or with a requirement of an Underlying Carrier, it takes effect on posting. Any other change takes effect thirty (30) days after posting. The Customer should consult this document regularly to ensure that its activities and those of its Users conform to the most recent version. BY SUBSCRIBING TO SERVICES PROVIDED BY SPYR, THE CUSTOMER AGREES TO THE SERVICES AGREEMENT AND AGREES THAT THE TERMS OF THIS ACCEPTABLE USE POLICY ARE BINDING ON THE CUSTOMER AND ON ANY USER.

Content

The Customer acknowledges and accepts that content, products and services available through the Services may be offensive or may not comply with applicable law, and that neither SPYR nor its suppliers censors or monitors content. Neither SPYR nor its suppliers has any obligation to monitor the Customer's use of the Services and, unless expressly provided otherwise in the Services Agreement, has no control over that use. The Customer assumes full responsibility and risk for access to and use of content and for use of the Services. SPYR and its suppliers accept no liability for any claim or loss arising out of or relating to access to or use of content by the Customer or any User.

Email

Sending unsolicited commercial electronic messages, including commercial advertising and informational announcements, is explicitly prohibited unless the User ensures that such transmissions comply with all applicable provincial, federal and international regulations, rules and laws, including Canada's Anti-Spam Legislation and, where applicable, the U.S. CAN-SPAM Act of 2003.

Also prohibited: sending large quantities of unwanted or unsolicited email messages ("mail bombing"); sending unsolicited bulk voice or VoIP messages; sending false or misleading commercial messages; forging headers or otherwise disguising the origin of any message; and any other abuse of email, messaging or news servers.

No User may use the Services in such a way that will result in the User, or any SPYR or Underlying Carrier network, address range or domain, being listed on a recognized SPAM abuse list or SPAM community website.

A User shall not use another site's mail server to relay mail without the express permission of that site.

Illegal use

The Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, patent or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, promotes or incites hatred, is terrorist in nature, constitutes child sexual abuse material, or violates export control laws.

Tortious behaviour

The Services may not be used to publish or disseminate information that constitutes slander, libel or defamation.

The Services may not be used to publicize the personal information or likeness of a person without their consent.

The Services also may not be used to violate the privacy rights of any person, or to transmit or distribute material that is threatening, harassing, abusive or otherwise objectionable, or to encourage conduct that would constitute a criminal offence or give rise to civil liability.

System and network security

Violations of system or network security are prohibited, and may result in criminal and civil liability. SPYR will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Gaining unauthorized access to, altering, or destroying the information of any other person by any means or device, including by hacking, spoofing, phishing, carding or pharming.
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks, and denial of service attacks.
• Transmitting or posting any virus, worm, trojan horse, cancelbot, logic bomb, or other harmful, debilitating or disruptive code or feature.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
• Appropriating the identity of any person, engaging in identity theft, or forging any person's manual or digital signature.
• Modifying, decompiling, reverse engineering, disassembling or reproducing any software, system, application or component used by SPYR or an Underlying Carrier to provide the Services.

Usenet

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited, as are inappropriate postings to newsgroups.

Resale and third-party access

The Customer will not sell, resell, sublicense, redistribute or otherwise make available to any third party, whether directly or indirectly and whether for consideration or not, any Service or any part of any Service, except where the applicable Order Form expressly permits it in writing.

The Customer will not permit any third party to gain access to the termination equipment of SPYR or of any Underlying Carrier. The Customer will not permit any third party to gain access to the Customer's own termination equipment for the purpose of obtaining access to the SPYR Network or to the network of any Underlying Carrier, or of obtaining any service of SPYR or of any Underlying Carrier, whether directly or indirectly.

The Customer will not rearrange, disconnect, remove or otherwise tamper with the equipment or facilities of SPYR or of any Underlying Carrier, and will not permit any third party to do so.

Account sharing

The Customer will not engage in account sharing, including permitting any third party to use the Customer's service account or credentials, and will not use the Services for simultaneous sessions using the same credentials.

Avoidance of payment

The Customer will not obtain or attempt to obtain any product or service from SPYR, from any Underlying Carrier, or from any other person by any means or device with the intent of avoiding payment for it.

Regulatory and underlying carrier requirements

The Services may not be used contrary to the decisions, orders, policies or other requirements of the Canadian Radio-television and Telecommunications Commission (the "CRTC") or of any other body with jurisdiction over the Services, SPYR or the Customer.

Where a Service is delivered in whole or in part over the facilities of an Underlying Carrier, the Customer will comply with the acceptable use requirements of that Underlying Carrier as notified by SPYR from time to time.

Where the Customer uses or permits the use of a Service to carry Voice over Internet Protocol traffic, the Customer will comply, and will require any User to comply, with all CRTC requirements applicable to VoIP services, including those relating to emergency service access, message relay services and consumer notification. It is the Customer's responsibility to inform itself in this regard.

Similar conduct

The Customer will not engage in any activity which SPYR advises the Customer is, in SPYR's reasonable judgment, similar to any of the foregoing, or which is generally regarded in the telecommunications industry as an unacceptable use of telecommunications services.

Indirect or attempted violations of this policy, and actual or attempted violations by a third party on behalf of a User, shall be considered violations of this policy by the Customer.

Enforcement

SPYR may immediately suspend, throttle, and/or terminate the Customer's service for violation of any provision of this policy upon verbal or written notice, such notice may be provided by voicemail or email. Prior to suspension or termination, SPYR attempts to work with our customers to cure violations of this policy and ensure that there is no recurrence; however, SPYR reserves the right to suspend or terminate based on a first offence, and is not obliged to attempt to cure a violation first where immediate action is necessary to protect the SPYR Network, to protect SPYR's ability to provide services to its other customers, or to comply with a requirement of an Underlying Carrier or of any regulatory or industry body.

Suspension at the direction of a carrier or oversight body

Where any network with which SPYR interconnects, any Underlying Carrier, or any regulatory or industry body advises SPYR of abuse or misuse originating with the Customer, SPYR may suspend the affected Services immediately and without notice, whether or not the Customer is in fact the source of the advised abuse.

Effect of suspension

A suspension under this policy does not constitute termination of the Services Agreement, does not relieve the Customer of the obligation to pay all charges for the Services during the period of suspension, and generates no Interruption Time and no service credit under any applicable Service Level Agreement.

Where SPYR has suspended a Service at the direction of a carrier or oversight body and the Customer was not in fact the source of the advised abuse, SPYR will not charge for that Service for the period of suspension and will restore it at no charge.

Otherwise, restoration of a suspended Service is conditional on the Customer ceasing the breach and paying SPYR's reasonable costs of suspension and restoration, together with a reinstatement charge of $500.

Complaints

Complaints regarding email, USENET abuse, SPAM, Illegal Use of System or Network Security issues should be sent to [email protected].

Last updated: 7 September 2026

Services and Term

1.1. Pursuant to the Customer Subscriber Agreement (CSA), SPYR will provide the Services to Customer for the Service charges. Customer's signature on the Order Form or use of the Service or SPYR Network constitutes its acknowledgement and agreement to be bound by the CSA. Capitalized terms are defined at the end of these Terms.

1.2. Each Service's Initial Term is indicated on the applicable Order Form. Customer will be deemed to have accepted the Service as of the Service Date. At the end of the Initial Term, the CSA will renew on a month-to-month basis until terminated as provided herein.

1.3. Customer may order additional Services or locations in North America through additional Order Forms, which will be governed by this CSA. Customer's account must be current in order to make changes to Services or order additional Services.

Service Charges and Billing

2.1. Service charges are on the Order Form and do not include applicable Taxes unless so indicated. New services or upgrades/relocations will result in additional fees/charges. If a prior Service location remains installed after a new Service location is installed, Customer will be responsible for Service charges for both Service locations until terminated as provided for each Service.

2.2. Invoices are sent monthly in advance. Customer agrees to pay all charges and applicable Taxes for the Service upon receipt of the invoice without counterclaim, set-off or deduction. Amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month, being eighteen percent (18%) per annum calculated as simple interest, accruing from and after the due date of payment to the date that payment is made to SPYR, before and after judgment. The obligation to pay, or the payment of, interest on overdue amounts shall not prejudice SPYR's right to immediate payment of the amounts due. SPYR may change the specifications, Terms or charges for the Service for any upcoming Renewal Term by providing Customer at least sixty (60) days advance written notice. Customer agrees that its obligation to pay service charges and Taxes under this CSA shall survive the termination of the CSA.

2.3. Customers claiming tax exemption must provide SPYR with a properly executed exemption form.

Service Use and Interruption

3.1. Customer's use of SPYR's Services or Network may only be for lawful purposes and must comply with SPYR's Acceptable Use Policy (AUP). Transmission of any material in violation of any law, regulation or the AUP is strictly prohibited. Access to other networks connected to SPYR's Network must comply with such other networks' rules.

3.2. SPYR's obligations and Customer's exclusive remedies for any failure, interruption or degradation of SPYR's Network or of any Service are stated in the Service Level Agreement (SLA) expressly identified on the Order Form for that Service, if any. SLAs are published at spyr.ca/legal. Where no SLA is expressly identified on the Order Form for a Service, no service level applies to that Service and Customer is entitled to no credit, remedy or compensation for any failure, interruption or degradation of that Service, whether or not SPYR publishes an SLA for services of a similar type. Section 5 applies in all cases.

Termination, Restriction or Suspension

4.1. Prior to the Service Date, SPYR may terminate the CSA if not approved by SPYR corporate management (including credit check). SPYR also may restrict, suspend or terminate the CSA, Customer's use of or access to any Service, or both, at any time if (a) Customer is in material breach of the CSA (including but not limited to the AUP) and, in SPYR's sole judgment, an immediate restriction or suspension is necessary to protect the SPYR Network or SPYR's ability to provide services to other customers; or (b) Customer's account is unpaid thirty (30) days after date of invoice; or (c) SPYR facilities at Customer's location are unavailable, (i.e., no connectivity and building access). A suspension under this Section does not constitute termination of the CSA and does not relieve Customer of the obligation to pay all charges for the Service during the period of suspension. Restoration of a suspended Service is conditional on Customer remedying the circumstance giving rise to the suspension and paying SPYR's reasonable costs of suspension and restoration, together with a reinstatement charge of $500.

4.2. Either Party may terminate the CSA: (a) at the end of an Initial Term or Renewal Term by providing the other Party with at least thirty (30) days prior written notice (notices provided during a monthly Renewal Term will not be effective until the end of the next month (i.e., notice received April 20th is effective June 1st); or (b) except as otherwise stated herein, during an Initial Term or Renewal Term if the other Party breaches any material term or condition of this CSA and fails to cure such breach within fourteen (14) days after receipt of written notice of the same.

4.3. If a Service is terminated prior to the Service Date, Customer shall pay SPYR for all Initial Costs for such Service. If the Service is terminated after the Service Date, Customer shall pay SPYR (a) for the Service up through the date of termination; and (b) the Initial Costs (unless already paid) and the Termination Charge. Paragraph (b) does not apply in the case of termination by Customer as provided in Section 4.2 above, by SPYR due to loss of connectivity or building access at Customer's building(s) under Section 4.1(c) above, or by SPYR under Section 4.5 below. In the case of termination by Customer under a chronic trouble provision of an applicable SLA, Customer shall pay the Initial Costs (unless already paid) but no Termination Charge. Customer acknowledges that because actual damages to SPYR caused by early termination of a Service order are uncertain and would be difficult to determine, the Termination Charge is a genuine pre-estimate of the loss SPYR will suffer on early termination, is a reasonable liquidated damage, and is not a penalty. Any reconnections of the Service shall result in additional reconnection charges to Customer at SPYR's then-prevailing rates.

4.4. If Customer defaults in any of its payment obligations under the CSA, Customer agrees to pay SPYR's reasonable expenses, including but not limited to legal and collection agency fees, incurred by SPYR in enforcing its rights. All termination notices by Customer must be sent separately for each Service (including terminating one Service location after a Service is switched to a new Service location) and must be submitted by filling out the Cancellation Form found at SPYR.ca/contact

4.5. Where an Underlying Carrier ceases, suspends, withdraws or terminates the facilities or services over which a Service is delivered, or materially increases the charges to SPYR for them, and SPYR is unable on commercially reasonable terms to substitute alternative facilities, SPYR may terminate the affected Service on thirty (30) days written notice, or on such shorter notice as the circumstances require. In that event SPYR shall have no liability to Customer other than a pro-rated refund of charges paid in advance for the period after termination, and no Termination Charge shall be payable by either Party.

Disclaimer of Warranty and Limitation of Liability

5.1. Except as otherwise expressly set forth herein, the services are provided "as is," and neither SPYR nor any of its providers, licensors, officers, employees, or agents makes any warranty, condition or guarantee with respect to the Services or as to the results to be obtained from the use of the Services, under this CSA or otherwise. The Services are purchased with knowledge of this warranty limitation. SPYR expressly disclaims all other warranties, conditions or guarantees of any kind, either express or implied, including, but not limited to any warranties or conditions of merchantability, non-infringement, satisfactory quality, and/or fitness for a particular purpose. SPYR does not monitor, and disclaims all liability and responsibility for, the content of any communication transmitted by Customer or others, and disclaims all liability and responsibility for unauthorized use or misuse of the Services.

5.2. Without prejudice to or limiting of SPYR's right to receive payment for Services, SPYR's entire liability for all claims of whatever nature (including claims based on negligence) arising out of this agreement and all others between Customer and SPYR, and the provision by SPYR of facilities, transmission, data, services or equipment including, but not limited to, damage to real/personal property, shall not exceed the lesser of (a) the amount paid by Customer for the Service at issue in the prior six (6) months to the action giving rise to the claim, or (b) one hundred thousand dollars ($100,000.00) in total; provided, however, that the foregoing limitations shall not apply for death or personal injury caused by SPYR, or for any other liability which may not be excluded or limited under applicable law.

5.3. Customer recognizes that the internet consists of multiple participating networks that are separately owned and not subject to SPYR's control. Customer agrees that SPYR shall not be liable for damages incurred or sums paid when the Services are temporarily or permanently unavailable due to malfunction of, or cessation of, services by any network, Underlying Carrier or internet service provider not subject to SPYR's control, or for transmission errors in, corruption of, or the security of customer information carried on such networks or providers. SPYR shall have no liability hereunder for damages incurred or sums paid due to any fault of Customer or any third party, or by any harmful components (such as computer viruses, worms, computer sabotage, and 'denial of service' attacks). SPYR is not liable for any breach of security on the Customer's network, regardless of whether any remedy provided in this CSA fails of its essential purpose. Customer agrees that it will not hold SPYR responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the Services (including any Underlying Carrier and any other party with whom SPYR may contract to operate or deliver the Services), or hold a third party responsible for any selection or retention of, or the acts or omissions of, SPYR in connection with the Services. Without limiting the foregoing, Customer agrees that it will not hold SPYR responsible for (a) third party claims against Customer for damages, (b) loss of or damage to Customer's records or data or those of any third party, or (c) loss or damage to Customer associated with the inoperability of Customer's equipment or applications with any component of the Services or the SPYR Network. Customer agrees to make all claims related to the services directly against SPYR, and waives any right to recover damages (directly or by indemnity) related to the Services by claiming against or through a third party to this CSA.

5.4. Neither SPYR nor anyone else involved in creating, producing, delivering (including suspending or discontinuing Services) or supporting the Services shall be liable to Customer, any representative, or any third party for any indirect, incidental, special, punitive or consequential damages arising out of the Services or inability to use the Services, including, without limitation, lost revenue, lost profits, loss of technology, rights or services, even if advised of the possibility of such damages, whether under theory of contract or tort (including negligence, strict liability or otherwise).

5.5. No action or proceeding against SPYR may be commenced by the Customer more than one (1) year after the last day on which the Service which is the basis for the action is rendered, and Customer acknowledges that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.

Indemnity

6.1. Customer will indemnify, defend and hold harmless SPYR and its directors, officers, employees, affiliates, and its agents and subcontractors from and against any claims, suits, actions, and proceedings from any and all third parties, and for payment of any Losses, to the extent such Losses arise (a) as a result of non-compliance by Customer with its obligations under the CSA, including without limitation the AUP; (b) from any and all claims by any of Customer's customers or other third party end users in connection with a Service (including, without limitation, any claims regarding content transmitted using a Service or violation of data protection legislation), regardless of the form of action, whether in contract, tort, warranty, or strict liability; provided, however, that Customer will have no obligation to indemnify and defend SPYR against claims for damages for bodily injury or death caused by SPYR's gross negligence or willful misconduct; or (c) from claims of copyright infringement and all manner of intellectual property claims, defamation claims, claims of publication of obscene, indecent, offensive, racist, unreasonably violent, threatening, intimidating or harassing material, and claims of infringement of data protection legislation, to the extent such Losses are based upon (i) the content of any information transmitted by Customer or by any of Customer's customers or authorized end users, (ii) the use and/or publication of any and all communications or information transmitted by Customer or by any of Customer's customers or authorized end users, or (iii) the use of Service(s) by Customer in any manner inconsistent with the terms of this CSA, including without limitation the AUP.

Additional Provisions

7.1. Except as to payment obligations of Customer, neither Party shall have any claim or right against the other Party for any failure of performance due to Force Majeure.

7.2. Neither Party is the agent or legal representative of the other Party, and this CSA does not create a partnership, joint venture or fiduciary relationship between SPYR and Customer. Neither Party shall have any authority to agree for or bind the other Party in any manner whatsoever. This CSA confers no rights, remedies, or claims of any kind upon any third party, including, without limitation, Customer's subscribers or end-users.

7.3. This agreement shall be governed by, and construed in accordance with, the laws in force in the Province of Saskatchewan, and the laws of Canada applicable therein. The Parties attorn to the jurisdiction of the Courts of Saskatchewan, and agree that any action or proceeding brought by either party to enforce this Agreement shall be commenced in Saskatchewan.

7.4. Notices, if required, must be sent in writing by email, courier or first class mail (postage prepaid) to the appropriate contact point listed on the Order Form, and are considered made when received at that address; provided, that termination notices to SPYR must be sent in accordance with Section 4.4 above. In the event of an emergency, SPYR may only be able to provide verbal notice first; such verbal notice will be followed by written notice. Customer is responsible for accuracy of its information on the Order Form, including points of contact.

7.5. Customer may not assign this CSA without SPYR's prior written consent, which consent shall not unreasonably be withheld. Any such assignment without SPYR's prior written consent shall be void. SPYR may assign this CSA, without the consent of Customer, to a purchaser of or successor to all or substantially all of the assets of SPYR.

7.6. Without limiting any other obligation which expressly survives the expiration or prior termination of the term of the CSA, the expiration or prior termination of the term of the CSA shall relieve both Parties of any further obligations hereunder, except with respect to Sections 2, 3, 4.3, 4.4 and 5 through 7, which shall survive any expiration or termination of these Terms.

7.7. If (but only if) required by SPYR's or Customer's agreement with Customer's Landlord: (a) any cessation or interruption in SPYR's Service does not constitute a default or constructive eviction by Customer's Landlord, and (b) Customer agrees to waive and release Landlord and its related parties from any liability in connection with any damages whatsoever incurred by Customer, including lost revenues, which arise, or are alleged to arise, out of any interruption of or defect in the SPYR Service, REGARDLESS OF WHETHER SUCH INTERRUPTION OR DEFECT IS CAUSED BY THE ORDINARY NEGLIGENCE (BUT NOT THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF A RELEASED PARTY.

7.8. The SPYR Network is owned by SPYR, or its licensors, and is protected by copyright and other intellectual property laws. Customer agrees that title to and ownership of the Services, in any form, shall at all times and in any event be held exclusively by SPYR. Customer shall be entitled to only such rights with respect to the Services as are specifically granted herein.

7.9. This CSA and such other written agreements, documents and instruments as may be executed in connection herewith are the final, entire and complete agreement between Customer and SPYR and supersede all prior and contemporaneous negotiations and oral representations and agreements, all of which are merged and integrated into this CSA.

7.10. This CSA and any Addendum thereto may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument.

7.11. Where an Underlying Carrier changes the terms, conditions, acceptable use requirements or service levels applicable to facilities or services used to deliver a Service, SPYR may amend these Terms, the AUP or the applicable SLA to the extent reasonably necessary to reflect that change, on thirty (30) days written notice to Customer. Where such an amendment is materially adverse to Customer, Customer may terminate the affected Service without payment of the Termination Charge by written notice given to SPYR before the amendment takes effect.

Definitions

AUP — SPYR's Acceptable Use Policy, published at www.spyr.ca/legal. SPYR reserves the right to amend the AUP as provided in that policy.

CSA — The entire Customer Subscriber Agreement between SPYR and Customer for provision of the Service, including any of the following: Order Form, the Terms, the applicable product rider, the AUP and the SLA.

Customer — Person or Business subscribing to a SPYR Service.

Demarcation Point — The point at which SPYR's responsibility for a Service ends, as defined in the applicable SLA or, where no SLA applies, as determined by SPYR and identified to Customer.

Equipment — Customer premise equipment, if any.

Force Majeure — Causes beyond a Party's control, including but not limited to: acts of God; fire; explosion; vandalism; cable cut; storm; flood or other similar occurrences; any law, order, regulation, direction, action or request of any government, including federal, state, provincial, municipal and local governments claiming jurisdiction over a Party or the Service, or of any department, agency, commission, bureau, corporation, or other instrumentality of any such government, or of any civil or military authority; national emergencies; unavailability of materials or rights-of-way; insurrections; riots, terrorist acts or wars (declared/undeclared); strikes, lock-outs, work stoppages, or other labor difficulties; supplier failures, shortages, breaches or delays; and the failure, interruption or unavailability of any telecommunications facility or service of an Underlying Carrier upon which SPYR relies in order to provide a Service.

Initial Costs — Greater of (a) installation fees (if not paid); or (b) all third-party costs and charges incurred by or charged to SPYR on behalf of Customer for the Service, including but not limited to local loop fees, cross-connect charges, construction costs and wiring fees.

Initial Term — Initial length of term for the Services as indicated on the Order Form.

Landlord — Customer's landlord, building owner or property/telecom manager.

Losses — Costs, fees, liabilities, losses, damages or penalties, including reasonable legal fees.

Monthly Recurring Charge — The recurring monthly charge for a Service identified on the Order Form, exclusive of Taxes, non-recurring charges, and charges for any other Service.

Order Form — Quoted services to which these Terms apply, identifying the specific Service(s) to be delivered.

Party or Parties — SPYR and/or Customer.

Renewal Term — Subsequent length of term for the Services after completion of the Initial Term.

Service(s) — Services provided by SPYR under the Customer Subscriber Agreement.

Service Date — Earlier of date on which (a) SPYR deems that the Service is available for Customer's use at either the SPYR-defined Demarcation Point or last-available test point; or (b) Customer first uses the Service or the SPYR Network.

SLA — The Service Level Agreement, if any, expressly identified by title and version number on the Order Form for a Service, published at www.spyr.ca/legal. Each SLA is issued with a version number and effective date, and the version in effect on the date of the applicable Order Form governs that Service unless otherwise stated on the Order Form. Where no SLA is expressly identified on the Order Form for a Service, no SLA applies to that Service. SPYR reserves the right to amend the SLAs as provided in Section 2.2 or Section 7.11.

Space — Rented rack space from SPYR, if any.

SPYR — SPYR Network Ltd. or its subsidiaries or affiliates.

SPYR Network — The telecommunications network and network components owned, operated or controlled by SPYR, including SPYR's fibre backbone, metropolitan fibre networks, fixed wireless facilities, any equipment connected to such facilities, and the software, data and know-how used by SPYR to provide the Services. Where SPYR services a building through its own facilities, the SPYR Network includes those facilities. The SPYR Network does not include customer premises equipment, customer-ordered telephony circuits, the facilities or networks of any Underlying Carrier, or any other networks or network equipment not operated and controlled by SPYR.

Tax or Taxes — All taxes arising in any jurisdiction, including without limitation all: sales, use, excise, gross receipts, value added, access, bypass, franchise, telecommunications, property (for co-location customers), consumption, or other taxes, fees, duties, charges or surcharges (however designated) which are imposed on or based on the provision, sale or use of the Service(s), including such taxes imposed directly on SPYR or for which SPYR is permitted to invoice Customer in connection with SPYR's performance under the CSA. Taxes do not include SPYR's income taxes.

Termination Charge — Single payment equal to the total remaining dollar value of the applicable Service order through the Initial Term or Renewal Term, as applicable, plus any third-party cancellation, termination or acceleration charges incurred by SPYR in respect of that Service, but only to the extent such third-party charges are not already recovered through the remaining dollar value of the Service order. In no event shall the Termination Charge exceed the aggregate of the remaining dollar value of the Service order and such unrecovered third-party charges.

Terms — Terms and conditions that apply to the Services SPYR provides to Customer.

Underlying Carrier — Any third party whose facilities, network or services SPYR uses in order to deliver a Service, in whole or in part.

SLA-FIB Version 1.0 — Effective 7 September 2026

This SLA applies only to business fibre and Ethernet Private Line circuits where it is named on your Order Form. It does not apply to residential services, month-to-month or non-contract services, or fixed wireless services.

Application

1.1. This Service Level Agreement (SLA-FIB, or this SLA) applies only where the applicable Order Form expressly identifies this SLA by title and version number as applying to a Service. Where an Order Form does not expressly identify this SLA, this SLA does not apply to that Service, and Customer is entitled to no credit, remedy or compensation under it.

1.2. This SLA is available only for business Fibre Access, Ethernet Private Line (EPL), Ethernet Virtual Private Line and Network Access Services provided under a written Order Form for a fixed Initial Term. It is not available for, and does not apply to, residential services, month-to-month or non-contract services, fixed wireless services, or any other service.

1.3. SPYR publishes separate service level agreements for certain other services. The publication of this SLA does not entitle Customer to any service level, credit or remedy in respect of any Service for which this SLA is not expressly identified on the Order Form.

1.4. Capitalized terms not defined in this SLA have the meaning given in the SPYR Service Terms and Conditions published at spyr.ca/legal (the Terms). Where this SLA and the Terms conflict, the Terms prevail, except in respect of service levels, service credits and Interruption Time, where this SLA prevails.

1.5. Each version of this SLA is issued with a version number and effective date. The version in effect on the date of the applicable Order Form governs that Service unless otherwise stated on the Order Form.

Definitions

Bandwidth Profile — The committed transmission rate identified on the Order Form.

Demarcation Point — The User Network Interface (UNI) port facing Customer, installed by SPYR or by an Underlying Carrier at a termination panel at the Location, unless a different point is specified on the Order Form.

Interruption — A period during which the Service is wholly unavailable for the transmission and reception of traffic at the Demarcation Point, excluding any period described in Section 6.

Interruption Time — The duration of an Interruption, measured in accordance with Section 5.

Local Loop — The access connection between the SPYR Network, or the network of an Underlying Carrier, and the Demarcation Point at a Location, including all fibre, conduit and facilities installed to make that connection.

Location — A premises identified on the Order Form to which the Service is provided.

Monthly Recurring Charge — The recurring monthly charge for the affected Service identified on the Order Form, exclusive of Taxes, non-recurring charges, and charges for any other Service.

Off-Net — Any portion of a Service provisioned over facilities not owned, operated or controlled by SPYR.

Underlying Carrier — Any third party whose facilities, network or services SPYR uses in order to deliver the Service, in whole or in part.

Service Level Objectives

3.1. SPYR's service level objectives for the Service are: (a) Latency: a maximum one-way transmission delay of fifteen (15) milliseconds, measured between the ingress UNI and the egress UNI, excluding any Off-Net segment and excluding the Local Loop at either Location; (b) Packet Loss: 0.1% or less of in-profile service frames, measured over a calendar month between UNIs; and (c) Throughput: the Bandwidth Profile identified on the Order Form, measured using 256-byte service frames in both directions under normal operating conditions.

3.2. SPYR will use commercially reasonable efforts to achieve the objectives in Section 3.1. They are objectives only. SPYR shall have no liability of any kind, and Customer shall be entitled to no credit, remedy or compensation, for any failure to achieve any objective in Section 3.1.

Mean Time to Restore

4.1. SPYR's objective is a mean time to restore of eight (8) hours from the commencement of Interruption Time. This is an objective only. SPYR shall have no liability for failing to achieve it, and Customer's sole remedy in respect of an Interruption is the service credit provided in Section 7.

Measurement of Interruption Time

5.1. Interruption Time begins at the later of (a) the time SPYR opens a trouble ticket in response to an Interruption reported by Customer in accordance with Section 9, and (b) the time Customer releases the affected circuit or circuits to SPYR for testing and repair.

5.2. Interruption Time ends at the earlier of (a) the time the trouble ticket records that the Service is no longer interrupted, and (b) the time the affected circuit or circuits are returned to Customer for use.

5.3. An Interruption that is not reported by Customer generates no Interruption Time.

5.4. Interruption Time is measured on a 24-hour basis and is not restricted to business hours.

Exclusions from Interruption Time

6.1. Interruption Time does not include, and no service credit accrues in respect of, any period during which the Service is unavailable or degraded by reason of: (a) scheduled, routine or emergency maintenance, repair, upgrade, migration or change of the SPYR Network, an Underlying Carrier network, a Local Loop or the Service, including any such work carried out at Customer's request; (b) any Interruption not reported to SPYR in accordance with Section 9; (c) Force Majeure, as defined in the Terms; (d) any act or omission of Customer or of any person using the Service through Customer, including delay in providing SPYR or an Underlying Carrier access to a Location or to facilities needed to investigate or correct the Interruption, and including any breach by Customer of the Terms, this SLA or the AUP; (e) Customer's power supply, cabling, equipment, systems or software, or anything on Customer's side of the Demarcation Point; (f) any act or omission of a third party, including denial of service attacks, cable cuts caused by third parties, and the acts or omissions of any Underlying Carrier; (g) the failure or unavailability of any equipment, system, facility or service not owned, operated or controlled by SPYR; (h) interruption of, or loss of performance on, the public Internet or any network beyond the SPYR Network; (i) transient degradation of short duration that clears before any repair action is taken; or (j) any Interruption reported by Customer in respect of which SPYR's investigation returns no trouble found.

6.2. SPYR may recover from Customer, at SPYR's then-current rates, the cost of any dispatch or investigation arising from an Interruption reported by Customer that is found to fall within Section 6.1.

Service Credits

7.1. Where Interruption Time in respect of a Service at a Location exceeds one (1) hour in a single event, Customer shall be entitled, subject to Sections 7.2 to 7.6, to a credit of one (1) day of service for the first hour of Interruption Time and one (1) further day of service for each additional full hour of Interruption Time. For the purposes of this SLA, one day of service means one thirtieth (1/30) of the Monthly Recurring Charge for the affected Service.

7.2. Claim required. A service credit is available only if Customer requests it in writing, identifying the trouble ticket number and the affected Service and Location, and SPYR receives that request no later than five (5) days after the end of the calendar month in which the Interruption Time occurred. A request received after that date is void and no credit accrues. Service credits are not applied automatically.

7.3. Off-Net portions. SPYR provides service credits only in respect of Interruption Time arising on the SPYR Network. Where a Service or any portion of a Service is provisioned Off-Net, no credit accrues under Section 7.1 in respect of that portion. Instead, SPYR will pass through to Customer such credit, if any, as SPYR actually receives from the Underlying Carrier in respect of that Interruption, and Customer's entitlement is limited to the amount so received.

7.4. Cap. The total of all service credits in respect of a Service at a Location for any calendar month shall not exceed twenty-four (24) days of service. Credits do not carry forward or back to any other month, do not transfer between Services or Locations, and are applied only against the next invoice issued after the credit is determined.

7.5. Account must be current. No service credit is payable while any amount owing by Customer to SPYR is past due.

7.6. Sole and exclusive remedy. The service credits in this Section are Customer's sole and exclusive remedy, and SPYR's entire liability, for any Interruption, unavailability, delay or degradation of the Service, and for any failure to meet any service level objective or mean time to restore objective, however caused and regardless of the theory of liability. Where a credit is provided under this Section in respect of a circumstance, SPYR shall have no further liability to Customer in respect of that circumstance.

Chronic Trouble

8.1. Where a Service experiences either (a) four (4) or more separate Interruptions, each of two (2) hours or more of Interruption Time, within any sixty (60) consecutive days, or (b) a single Interruption of seventy-two (72) or more consecutive hours of Interruption Time, Customer may terminate that Service, and only that Service, on thirty (30) days written notice to SPYR, without payment of the Termination Charge.

8.2. The right in Section 8.1 arises only in respect of Interruptions for which service credits have been validly claimed under Section 7.2 and granted, expires if not exercised within sixty (60) days after the end of the applicable measurement period, and does not arise in respect of any period excluded by Section 6.

8.3. On termination under Section 8.1, Customer remains liable for Initial Costs not already paid, as defined in the Terms.

Reporting and Support

9.1. Priority 1 events, being total loss of Service or severe degradation with critical impact on Customer's business operations, must be reported by telephone to the SPYR NOC at 306-781-2616.

9.2. Priority 2 events, being impaired performance with minimal or no operational impact, requests for information or assistance, and requests for moves, adds or changes, must be reported by email to [email protected].

9.3. A report must include the Customer name, the Location address, the circuit identifier, a contact reachable for the duration of the event, and a description of the fault, together with supporting diagnostic information including ping and traceroute output and interface status sufficient for SPYR to confirm that the fault does not originate on Customer's side of the Demarcation Point.

9.4. As a precondition to SPYR responding to a report, Customer must have carried out diagnostics sufficient to certify to SPYR that the trouble is not related to Customer's equipment, cabling, hardware or software. Customer is responsible for remedying trouble on Customer's side of the Demarcation Point.

9.5. Where joint testing is required, Customer must make personnel and technical resources available. SPYR's obligations under this SLA are conditional on that cooperation, and Interruption Time does not run during any period in which it is not provided.

Maintenance

10.1. SPYR will endeavour to carry out planned maintenance that is expected to interrupt the Service between 00:00 and 06:00 Central Time. Where an interruption is expected, SPYR will endeavour to give Customer forty-eight (48) hours advance notice stating the date, time and expected duration.

10.2. No advance notice will be given of emergency maintenance, of maintenance undertaken to prevent an anticipated outage, of maintenance carried out by an Underlying Carrier on shorter notice to SPYR, or of maintenance not expected to interrupt the Service.

10.3. In no event does maintenance constitute a failure of performance by SPYR.

Demarcation

11.1. SPYR is responsible for the Service to the Demarcation Point only. The connection from the Demarcation Point onward, and the installation, configuration and maintenance of Customer's network and equipment, is the responsibility and at the cost of Customer.

11.2. Any construction or extension of facilities beyond the Demarcation Point is the responsibility of Customer. SPYR may provide such extension at an additional charge on request.

11.3. Customer shall not permit any third party to access, rearrange, disconnect, remove or otherwise interfere with SPYR equipment or the equipment of any Underlying Carrier at any Location.