Thinking Mode - Service Schedule

Effective Date: 11/08/2026

1. Purpose of document

1.1 What is this document?

• (a) This document comprises a Service Schedule and forms part of the Customer Agreement between Thinking Mode and the Customer concerning the Thinking Mode Service.

• (b) This Service Schedule details certain terms and conditions with respect to the Thinking Mode Service offering of Thinking Mode.

1.2 Defined terms + Interpretation

• (a) In this Service Schedule, unless otherwise provided, capitalised terms shall have the meaning as specified in the Customer Agreement.

• (b) A reference to Service in this document concerns the Thinking Mode Service as contemplated by the Customer Agreement with the Customer.

2. About the Thinking Mode Service

2.1 About

• (a) The Thinking Mode Service is an AI-powered assessment platform designed to assist educators in verifying student understanding of content through adaptive questioning.

• (b) The Thinking Mode Service is offered to the Customer via use of the Thinking Mode Platform. Use of the Thinking Mode Service by the Customer requires an active subscription for a relevant Service Period.

• (c) The Customer accesses the Thinking Mode Service via the Thinking Mode Platform with Account log-in details provided by Thinking Mode.

• (d) The Platform Access Conditions on the Thinking Mode Platform govern use of and access to the Thinking Mode Platform as part of the Thinking Mode Service. It is binding on all Users.

2.2 Account registration

• (a) In order to use the Thinking Mode Service, the Customer’s relevant Authorised Representative will be required to sign up for an Account on the Thinking Mode Platform. Users may access the Thinking Mode Platform using an access code or invitation generated by the Customer.

• (b) It is a requirement when registering for an Account that true, accurate and complete information as requested is submitted and kept up-to-date after registration.

• (c) The Customer agrees that it is solely responsible for:

  • (i) maintaining the confidentiality and security of Account information and password; and

  • (ii) any activities and those of any Third Party that occur through use of the Account, whether those activities have been authorised by the Customer or its Personnel, or not.

  • (iii) The Customer also agrees to let Thinking Mode know if it detects any unusual activity on its Account or in respect of the Thinking Mode Service as soon as it becomes aware of it.

• (d) Thinking Mode will not be responsible to the Customer for, and expressly disclaims any liability for, any cost, loss, damages or expenses arising out of a failure by the Customer to maintain the security of its Account information or its password.

2.3 Customer Account Setup

The Customer is required to set up its Account.

2.4 Invitations

The Thinking Mode Platform allows the Customer to send invitations to relevant persons to access the educational functionality of the Thinking Mode Platform.

2.5 Privacy Notice

The terms of the Privacy Notice apply.

3. Management of Thinking Mode Platform

The Thinking Mode Platform is monitored (to the extent able) 24x7 alerting our engineers to any unscheduled outage.

4. Hosting of Thinking Mode Platform

The Thinking Mode Platform is hosted by Amazon Web Services (AWS) in Sydney, Australia.

5. Service Period

The Proposal states the applicable Service Period (i.e. Service Commencement Date to contemplated Service End Date).

6. Fees

The Fees for the Thinking Mode Service shall be as specified in the Proposal.

7. Support

7.1 Help Desk

We offer all Customers who have an active subscription to the Thinking Mode Service and all Users of the Thinking Mode Service a Help Desk facility for support, available by email as detailed below.

7.2 Severity Levels

For Help Desk support, we classify Severity Levels concerning the Thinking Mode Service as follows:

Classification of Events	Description
Severity 1 - Critical Defects/Problems	The Thinking Mode Service is not operable, significantly impaired or experiencing substantial loss of functionality or connectivity. A Severity 1 event shall also be deemed to exist if the effects of Severity 2 events and/or Severity 3 events together would be classified as a Severity 1 event.
Severity 2 - Manageable Defects/Problems	The Thinking Mode Service is experiencing degraded operation or diminished system performance without substantial loss of functionality. A Severity 2 event shall also be deemed to exist if the effects of two or more Severity 3 events together would be classified as a Severity 2 event.
Severity 3 - Minor Defects/Problems	The Thinking Mode Service is experiencing problems that do not impair its functionality and operation.
Severity 4 - Insignificant Defects/Problems	A defect/problem in respect of the Thinking Mode Service which has no material business impact upon the Customer.

7.3 Incident Reporting Process

All incidents must be reported as per the Notification section below. The incident report must contain all the key information as described in the Incident Report Content section below. We or our relevant Thinking Mode Service support partner shall determine (acting reasonably) the Severity Level applicable to an incident or event.

7.4 Notification

All support requests concerning the Thinking Mode Service requires a complete Incident Report including, as relevant, full particulars. However, all target response and rectification times will be calculated from the time when a complete Incident Report has been submitted by email.

The Help Desk can be contacted as follows:

Via email: hello@thinkingmode.com

7.5 Incident Report Content

The Incident Report shall include the following information, as appropriate:

• Contact Person and details of the Customer.

• Active Thinking Mode Service subscription particulars.

• Customer Incident Report identification number, if any such number has been previously assigned.

• Suggestion for Severity Level event classification and a description of the issue.

• Full particulars of the circumstances.

• Any relevant screen shots.

• Other information that may assist.

7.6 Target response + target rectification times

Severity Level	Target Initial Response Time	Target Rectification Time
Severity 1	8 hours Business Hours	2 - 8 Business Hours
Severity 2	16 Business Hours	16 - 32 Business Hours
Severity 3	24 Business Hours	32 - 48 Business Hours
Severity 4	32 Business Hours	48 - 96 Business Hours

Business Hours means 8:00 AM - 5:00 PM (Adelaide time), Monday - Friday.

Severity 1 incidents may be reported during weekends and non-Business Hours as well. Severity 1 issues will be resolved as above and likewise for Severity Levels 2 to 4.

8. Data centre upgrades

Thinking Mode is constantly seeking improvement to its services and solutions and may from time to time introduce a new data centre facility or migrate an existing data centre facility to a new data centre. For the Customer to benefit from these improvements, it agrees that Thinking Mode may relocate the Thinking Mode Service, make changes to the provision of the Thinking Mode Service and may establish new procedures for the use of the Thinking Mode Service contemplated by this Service Schedule. In each case, Thinking Mode will use reasonable endeavours to give the Customer reasonable advance notice with a view to minimising the effect that such change will have on the Customer’s use of the Thinking Mode Service contemplated by this Service Schedule.

9. Availability - Service Level Agreement

Thinking Mode provides the Customer with a Service Level Guarantee concerning the Thinking Mode Service, as follows.

9.1 Guaranteed Availability

The Thinking Mode Service shall be accessible (in functional form), from the Effective Date, from the local node of the Australian data centre where the Thinking Mode Service is hosted for not less than 99% of School Hours in each calendar month. Where a duplicate or back-up production environment exists then only one such production environment needs to be so accessible and functional (whether original/main or back-up) for the relevant period. This is referred to in this Service Schedule as Guaranteed Availability.

9.2 School Hours

School Hours means 8:00 am to 4:00 pm, Monday to Friday, in the local time of the Customer’s principal place of business, excluding public holidays in that place.

Outside School Hours, Thinking Mode uses reasonable endeavours to keep the Thinking Mode Service available on a 24x7 basis, but Guaranteed Availability is not measured outside School Hours.

9.3 Guaranteed Availability exclusions

For the purpose of calculating whether the Service Level Guarantee has been met, Guaranteed Availability does not include the duration of outage, downtime, liability, failure or default in access, lack of availability, lack of functionality or utility to the extent:

• due to a Force Majeure Event;

• caused by a data centre service provider or host;

• caused by a Customer-induced Event or misuse;

• due to scheduled or emergency maintenance, as contemplated by section 10.4 below;

• caused by defects or problems arising from the Customer’s IT infrastructure, including any systems, software, services or IT infrastructure provided or hosted by a Third Party service provider; or

• caused by a virus, hacking, cyber security breach or other malicious activity of any person (unless caused by Thinking Mode).

9.4 Outage measurement

For the purposes of Thinking Mode’s calculations as to Guaranteed Availability, an Outage of the Thinking Mode Service means and commences (one or more relevant permitted Users of the Customer not being able to log into and access the Thinking Mode Platform) when the Customer lodges a Severity 1 support case notifying Thinking Mode that the Customer is experiencing an Outage and will end when Thinking Mode notifies the Customer that Guaranteed Availability has been restored or that the Thinking Mode Service was in fact available (e.g. because the Outage was caused by other factors).

10. Maintenance

10.1 Included maintenance

The subscription to the Thinking Mode Service is inclusive during the relevant Service Period of software maintenance, technical refreshes, PTFs (program temporary fixes), firmware updates and new operating system releases in respect of the infrastructure comprised in the Thinking Mode Service. The Customer must notify Thinking Mode of any issues detected with the Thinking Mode Service so that Thinking Mode can then provide appropriate support where required. The inclusion of Thinking Mode Service software maintenance ceases upon the Service End Date and is not assignable or transferable.

10.2 Timing of maintenance

Maintenance will be performed from time to time and Thinking Mode will endeavour to perform all maintenance in accordance with the following order of priority in the time zone where the data centre is located:

• 1. any time on Saturday and/or Sunday; or

• 2. between the hours of 8pm to 6am Monday to Friday; or

• 3. outside of Business Hours.

10.3 Thinking Mode maintenance windows

Firmware upgrades, modification or repairs to shared infrastructure that we schedule at least 72 hours in advance, will ordinarily only occur during non-Business Hours.

10.4 Emergency maintenance

In the case of critical unforeseen maintenance needed for the security or performance of your configuration or Thinking Mode’s network, Thinking Mode will make all reasonable efforts to notify the Customer in advance of any emergency maintenance.