1. Scope & Applicability

1.1

These Service Terms apply to the provision of maintenance and related services by Aquablu for Water Dispensers under either:

(a) a Purchase Agreement, where the Client may separately purchase a Service Model (Essential or Full Service) as specified in the Quote; or

(b) a Lease Agreement / Pay-Per-Drink (“PPD”) Agreement, where the Services are always included and the applicable Service Model is Full Service, unless explicitly agreed otherwise in writing.

1.2

These Service Terms do not govern the sale, lease or PPD of Products themselves. Those arrangements are governed by the applicable:

(a) General Terms & Conditions – Purchase, or

(b) General Terms & Conditions – Lease & PPD, as referenced in the Quote and/or Agreement.

1.3

In case of conflict between (i) the Agreement/Quote, (ii) these Service Terms, and (iii) the applicable General Terms & Conditions (Purchase or Lease/PPD), the following order of precedence applies:

(1) the Agreement/Quote,

(2) these Service Terms,

(3) the applicable General Terms & Conditions.

1.4

Any and all other general conditions (of the Client) are hereby explicitly rejected.

1.5

For the avoidance of doubt:

(a) under a Lease Agreement / PPD Agreement, the Service Model Full Service forms an integral part of the

subscription and is included in the agreed fees; and

(b) under a Purchase Agreement, the Service Model (Essential or Full Service) is a separate product/service and

applies only if explicitly selected and purchased by Client in the Quote and/or Service Agreement.

2. Definitions

2.1

In these Service Terms, the following words in bold shall have the meanings as shown below:

Aquablu

a private limited liability company (besloten vennootschap met beperkte aansprakelijkheid), duly incorporated and existing under the laws of The Netherlands, with its registered office and its principal place of business at (1013AC) Amsterdam, at the Koivistokade 1a, registered with the trade register of the Dutch Commercial Register of the Chamber of Commerce under number: 27120461, hereinafter referred to as: “ Aquablu”;

Agreement

the arrangements and agreements made in the Quote and/or Service Agreement with

respect to the Services.

Client

a party under an agreement with Aquablu for the purchase and sale of Products and/or the provision of Services, or for the lease and/or PPD of Products and/or the provision of Services.

End-user

The ultimate user or consumer of the products of Aquablu.

Lease Agreement / PPD agreement

the agreement between Aquablu and Client under which Products are provided on a lease basis and/or under a pay-per-drink model, including any related lease or subscription terms and conditions.

Parties

Aquablu and Client jointly.

Purchase Agreement

The agreement between Aquablu and Client in which the terms and conditions of the purchase of Products are detailed.

Quote

the purchase or service order confirmation sent from Aquablu to Client, including the selected Service Model and applicable prices.

Remuneration

the amount to be paid by Client to Aquablu for the Services, as specified in the Quote and/or Agreement.

Sanitary Requirements

the sanitary and cleaning requirements as specified in Annex I and/or the Manual, as updated from time to time.

Service Model

the service level selected by Client in the Quote, being Essential or Full Service, or any other model as may be offered by Aquablu; provided that under a Lease Agreement / PPD Agreement the Service Model is Full Service by default, unless explicitly agreed otherwise in writing.

Service Terms

these service terms, including the arrangements and agreements made in the Quote with respect to the Services and any Annexes included.

Water Dispenser

the innovative smart water dispenser developed by Aquablu.

Warranty (Purchase)

the warranty applicable to Products purchased by Client, as set out in the General Terms & Conditions – Purchase and/or the Purchase Agreement.

Warranty (Lease/PPD)

the warranty and/or service/repair regime applicable to leased Products, as set out in the General Terms & Conditions – Lease & PPD and/or the Lease/PPD Agreement.

3. Services & Service Models

3.1

Aquablu provides maintenance services for Water Dispensers under the selected Service Model. Aquablu offers different Service Models (the “Services”), including Essential and Full Service.

(a) Under a Lease Agreement / PPD Agreement, the Service Model is Full Service and is included in the subscription fees, unless explicitly agreed otherwise in writing.

(b) Under a Purchase Agreement, the Service Model applies only if explicitly selected and purchased by Client in the Quote and/or Service Agreement.

3.2

The scope of Services included in the selected Service Model is specified in the Quote and the applicable Price List. In case of discrepancy, the Quote shall prevail.

3.2A

If Client purchases Products under a Purchase Agreement without selecting a Service Model, Aquablu has no

obligation to provide Services, except where Services are legally required or otherwise explicitly agreed in writing.

3.3

Aquablu will provide technical maintenance as part of the Services.

3.4

Additional filters required for above-average usage are not included unless explicitly stated in the Quote and will be charged separately. The lifetime of a carbon filter equates to 4,000 liters (20,000 consumptions) and the nano filter 8,000 liters (40,000 consumptions), unless stated otherwise in the Manual.

3.5

Client hereby grants Aquablu the assignment, which Aquablu hereby accepts, to provide the Services during the

term of the Agreement for the Water Dispensers.

3.6

Aquablu is entitled to have the Services performed by qualified third parties. Aquablu remains responsible for the

Services to be provided by those third parties.

3.7

Client is obliged to ensure that its employees, customers and other end users of the Water Dispenser handle the

Water Dispenser with care and use the Water Dispenser under normal conditions of use and in accordance with

the Manual. This includes not exceeding the system’s intended capacity and ensuring adequate ventilation.

4. Warranty & Service Remedy Split (Purchase vs Lease/PPD)

4.1

The Product warranty applicable to purchased Products (“Warranty (Purchase)”) is governed exclusively by the General Terms & Conditions – Purchase and/or the Purchase Agreement.

4.2

The service/repair obligations and any warranty regime applicable to leased Products (“Warranty (Lease/PPD)”) are governed exclusively by the General Terms & Conditions – Lease & PPD and/or the Lease/PPD Agreement.

4.3

These Service Terms define the scope of Services and the service process under the selected Service Model and do not extend, replace or limit the Warranty (Purchase) or Warranty (Lease/PPD), unless explicitly agreed in writing.

4.4

Aquablu’s liability, including any warranty or guarantee obligations, may be excluded or limited in the event that the Client does not fulfil its obligations under these Service Terms, including non-compliance with the Manual and/or the Sanitary Requirements.

5. Sanitary Requirements

5.1

Client is obliged to adequately and diligently perform the Sanitary Requirements for the use of the Water Dispensers. Client remains responsible for compliance with the laws and regulations that apply to the Water Dispenser and the use thereof.

5.2

The Water Dispensers are connected to the Aquablu Dashboard, which gives Aquablu insight if and insofar the Client has adequately and diligently performed the Sanitary Requirements. Parties agree that the Aquablu Dashboard provides binding evidence if and insofar the Sanitary Requirements have been followed, unless proven otherwise by Client.

5.3

Failure to comply with the Sanitary Requirements may result in additional service charges, and may affect warranty coverage under the Warranty (Purchase) or Warranty (Lease/PPD), as applicable.

6. Reporting defects

6.1

Client is obliged to immediately, but in any event within a period of twenty-four (24) hours, inform Aquablu inthe event of a defective Water Dispenser by sending an e-mail to support@aquablu.com.

7. Term and Renewal

7.1

The term of the Services and the selected Service Model are specified in the Quote and/or Agreement.

7.2

If the Services are provided under a Purchase Agreement, renewal of the Services (if applicable) shall occur only as

stated in the Quote and/or Service Agreement.

7.3

If the Services are provided under a Lease Agreement / PPD Agreement, renewal shall follow the term and

renewal provisions of the Lease/PPD Agreement, unless explicitly agreed otherwise in writing.

8. Miscellaneous

8.1

In the event that one or more provisions of this Agreement shall be declared to be illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the Parties hereto, such illegality or unenforceability shall not affect the validity and enforceability of the other provisions hereof, and the Parties shall agree upon the modification of this Agreement with respect to such illegal or unenforceable provisions to eliminate such invalidity or unenforceability or (early) terminate this Agreement.

8.2

This Agreement and the rights and obligations thereunder form a whole and therefore indivisible.

8.3

Any waiver under this Agreement must be given by Notice to that effect.

9. Applicable law and disputes

9.1

The Service Agreement between Aquablu and Client is governed by Dutch law.

9.2

The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

9.3

All disputes which may arise between Aquablu and Client arising from or in connection with (the execution of) an agreement concluded between Aquablu and Client shall be submitted to the competent court in Amsterdam.

Annex I: Sanitary Requirements

1. General rules for cleaning procedures

To prevent contamination and fingerprints, hands need to be thoroughly washed and disinfected before starting any procedure, and food safe gloves must be worn during every cleaning procedure. Whenever a filter or filter cleaning tool is being removed, ensure the water supply is closed at the main inlet before removal to prevent undesirable leaking. Make sure to reopen the water supply at the main inlet after a filter or filter cleaning tool has been properly installed. After every cleaning procedure, all components of the Aquablu cleaning kit should be cleaned and properly stored inside the cabinet or an alternative generally agreed upon location. This includes the proper washing of the microfiber cloth, by washing it in accordance with the included instructions.

• Before use, always ensure the microfiber cloth is clean and does not contain particles that could cause scratches. During every procedure, it is recommended to use the corresponding service menu to guide the user through the process. If there are any deviations between the procedure descriptions below and the service menu, the service menu is to be followed. If cleaning procedures result in unexpected deviations in tastes and/or odors, please contact your servicing partner and/or Aquablu. Do not resume operations of the affected water/flavor lines until the problem has been addressed.

• Client shall document when the Sanitary Requirements are executed in the overview in the Manual

Cleaning overview

1. Surface sanitation | External surfaces

2. Surface sanitation | Dispenser Nozzle

3. Internal sanitation | Flavor line

4. Internal sanitation | Water Line

NOTE: Failure to use sanitizing products and processes approved by Aquablu will invalidate your warranty. Before beginning the sanitation process please ensure that water is turned off at the mains and refer to the sanitisation liquid documentation for further information. Please ensure sanitized gloves are worn.

2. Sanitation Schedule

Every 6 months

• All filters need to be changed and all internal waterways sanitized using the Aquablu certified cleaning tabs. This procedure is part of the service contract.

Every 3 months

• When replacing flavor bag, we recommend to sanitize the flavor line with each replacement. We however require to sanitize the flavor line after maximum of 3 months usage.

Weekly

• Nozzle cleaning using the nozzle cleaning tool and the Aquablu certified surface sanitiser.

Daily• External surface cleaning using a microfiber cloth. This includes the tray, inner wall, and display. Do not include the nozzle when cleaning with the cloth. All external surfaces need to be cleaned using the Aquablu certified surface sanitiser.

Please ensure the system is cleaned according to the sanitary requirements and in line with the cleaning procedure in the product manual. Parties have explicitly agreed that the Sanitary Requirements as published on the website or updated Manual of Aquablu prevail over the Sanitary Requirements in this Annex.

In the event of an amendment with respect to the Sanitary Requirements, Aquablu is obliged to timely inform the Client thereof. The latest version as published on the website are applicable after a period of thirty (30) days of such a publication.