This HYPR Serve Service Agreement (the “Service Agreement”) governs HYPR Serve Services ordered from Observata under an Order Form that incorporates it. It applies in accordance with the document-version and renewal rules of the Governing Agreement.
HYPR Serve service agreement
Version 1.2 | Document Effective Date: 23 September 2026
1 Definitions
1.1 Authorised Representative. “Authorised Representative” means a person designated by Customer to request or approve HYPR Serve work, set priorities, review service or OCU information, or otherwise give operational instructions within the authority assigned by Customer.
1.2 Governing Agreement. “Governing Agreement” means the master customer agreement or other governing customer agreement identified in the applicable Order Form. Where the Observata Master Customer Agreement applies, this Service Agreement is the Service Agreement for the HYPR Serve
Service Family.
1.3 Outcome. “Outcome” means a standardised HYPR Serve work package made available by Observata through the Outcome Catalogue, with defined scope, prerequisites, deliverables or expected result and an OCU cost or other stated commercial measure.
1.4 Outcome Catalogue. “Outcome Catalogue” means the versioned online catalogue through which Observata makes Outcomes and Outcome Packages available for HYPR Serve.
1.5 Service Advisor. “Service Advisor” means an Observata service coordination role included where stated in the Order Form or applicable Service Description.
1.6 Other defined terms. Capitalised terms not defined in this Service Agreement have the meanings given in the Governing Agreement or, where applicable, the Observata Master Customer Agreement incorporated by the Order Form.
2 Scope and HYPR Serve model
2.1 Service scope. HYPR Serve is Observata’s framework for advisory, consulting, specialist, implementation, project, enablement, training and other professional services. HYPR Serve may be delivered as a recurring service, standardised Outcome, bespoke engagement or a combination of these.
2.2 Commercial models. The Order Form identifies the HYPR Serve offering purchased, term, commercial model and other transaction terms. HYPR Serve may be purchased using OCUs, hourly or time-and-materials rates, fixed fees, recurring fees or another commercial model expressly stated in the Order Form.
2.3 Service descriptions and bespoke scope. Where applicable, an online Service Description describes the standard content and delivery model of a recurring or packaged HYPR Serve service. Individual Outcomes do not require a separate Service Description; their standard scope is described in the Outcome Catalogue. Bespoke work may be further defined in a Project Specification.
2.4 Support Policy. The Support Policy applies only where the Order Form or applicable Service Description expressly incorporates it. HYPR Serve does not by itself include 24/7 support, incident response or a service level commitment.
3 Specialist and advisory engagements
3.1 Specialist access. A HYPR Serve engagement may include scheduled specialist access, advisory sessions, reasonable questions between sessions, service coordination and access to Outcomes, as stated in the Order Form or applicable Service Description.
3.2 Specialist continuity. Where a named or designated specialist is included, Observata will use reasonable efforts to maintain continuity but may substitute another suitably capable specialist where reasonably necessary.
3.3 Between-session support. Questions or coordination between scheduled sessions are bounded by the purchased service. Work that is substantial, project-based or outside the standard engagement may require an Outcome, additional OCUs, a Project Specification, change order or separate Order Form.
4 OCU use within HYPR Serve
4.1 OCU applicability. This section applies only where the Order Form provides for the purchase, allocation or use of Observata Credit Units (OCUs). The general OCU commitment, carry-over, pull-forward, expiry and refund rules are governed by the Governing Agreement and Order Form.
4.2 OCU reservation. Where an Outcome is activated against an available OCU pool, Observata reserves the OCU cost recorded for that Outcome. Reserved OCUs reduce the balance available for other work but are not treated as consumed solely because they are reserved.
4.3 OCU consumption. OCUs are consumed according to the activated Outcome and its delivery status. Completion consumes the stated OCU cost. If an Outcome is cancelled after work begins, Observata may consume OCUs corresponding to work performed or a reasonable non- recoverable delivery commitment and will release the unused balance.
4.4 Bespoke OCU use. Bespoke HYPR Serve work may also be priced or consumed in OCUs where the Order Form or Project Specification expressly states the applicable OCU basis. Otherwise, the commercial model stated in the Order Form applies.
5 Outcomes and Outcome Catalogue
5.1 Outcome Catalogue. The Outcome Catalogue is the authoritative standard description of available Outcomes and may state objective, activities, exclusions, prerequisites, deliverables or expected results, assumptions, size or variant and OCU cost or other commercial measure.
5.2 Catalogue updates. Observata may update the Outcome Catalogue for future activations. An activated Outcome remains governed by the recorded scope and commercial measure applicable when it was activated, unless Customer and Observata approve a change.
5.3 Activation record. Observata will retain a reasonable record identifying the Outcome or package version or recorded catalogue content applicable at activation. If an Order Form or Project Specification expressly states requirements for the same work that differ from the standard Outcome, the more specific agreed requirements govern.
6 Outcome requests and activation
6.1 Authorised Representatives. Customer may designate one or more Authorised Representatives. Observata may rely on their instructions within the authority communicated by Customer until Customer notifies Observata of a change.
6.2 Outcome requests. An Authorised Representative may request or approve an Outcome through a customer portal, service desk, email, Service Advisor workflow or another traceable channel accepted by Observata. Observata activates the Outcome by confirming the request and recording the Outcome identifier or catalogue reference, applicable OCU cost or other commercial measure, requester or approver and activation date.
6.3 Outcome activation authority. No separate Order Form, statement of work or signature is required for an Outcome that falls within Customer’s existing purchased entitlement, available OCU pool or other pre-agreed commercial authority. Work requiring additional commitment, fees or legal terms requires an appropriate Order Form, change order or other accepted commercial document.
7 Bespoke projects implementation and training
7.1 Bespoke services. Non-catalogue work may include bespoke consulting, implementation, migration, architecture, workshops, assessments, training, enablement and other project or professional services. The scope may be stated in the Order Form or an incorporated Project Specification.
7.2 Project Specifications. A Project Specification may define scope, deliverables, dependencies, milestones, technical requirements, acceptance criteria and delivery assumptions. It does not amend general legal terms unless the applicable Governing Agreement’s amendment requirements are satisfied.
7.3 Pricing and change. Time-and-materials estimates are estimates unless expressly stated otherwise. Fixed-fee work is limited to the agreed scope and assumptions. Material changes to scope, dependencies, timing or deliverables may require an agreed change order, additional OCUs or another commercial adjustment.
8 Delivery and Customer responsibilities
8.1 Standard of performance. Observata will perform HYPR Serve Services with reasonable professional skill and care in accordance with the Order Form, this Service Agreement and any applicable Service Description, Outcome or Project Specification.
8.2 Customer responsibilities. Customer will provide timely access, information, personnel, permissions, supported systems, prerequisites, decisions and approvals reasonably required for delivery. Customer is responsible for backups, change controls and production approvals within Customer- controlled environments unless the agreed scope expressly assigns a specific task to Observata.
8.3 Operational authority. Customer retains operational authority over its systems and business decisions unless the agreed scope expressly provides otherwise. Observata’s advice, configuration, scripts, designs or implementation assistance do not by themselves transfer responsibility for
Customer-controlled environments beyond the work expressly undertaken by Observata.
8.4 Access and information security. Where HYPR Serve requires access to Customer systems, environments, credentials or Restricted Customer Information, that access is governed by the confidentiality and information-security requirements of the Governing Agreement. Observata will limit access to personnel reasonably required for the relevant Services.
8.5 Dependencies and delay. A Customer delay, missing prerequisite or third-party dependency may pause delivery or extend affected dates. Observata will identify the dependency and work reasonably with Customer to resume delivery. Any material commercial impact is handled through the applicable
Order Form, OCU mechanics or agreed change process.
9 Service Advisor reporting and coordination
9.1 Service Advisor. Where a Service Advisor is included, the Service Advisor may coordinate delivery, facilitate service reviews, discuss priorities and possible Outcomes, coordinate specialists and provide service reporting. The Service Advisor does not make Customer decisions or approve work for Customer unless separately authorised by Customer.
9.2 OCU reporting. For OCU-based Services, Observata will provide reasonable visibility of purchased or allocated OCUs, OCUs reserved or committed for active work, OCUs consumed, remaining balance, relevant dates and associated Outcomes or activities. Reporting may be provided through a customer portal, periodic Service Advisor reporting or another reasonable mechanism made available by Observata.
9.3 Reporting queries. Customer should raise questions about OCU consumption, hours, project status or Outcome records promptly after receiving the relevant report. The parties will review the underlying service and activation records in good faith.
10 Changes cancellation and completion
10.1 Reprioritisation and changes. Customer and Observata may reprioritise requested or active Outcomes within available entitlement and reasonable delivery constraints. A material change to an activated Outcome’s scope or commercial measure requires traceable approval by both parties and, where additional commitment is required, the applicable commercial document.
10.2 Cancellation. If Customer cancels an Outcome before work begins, Observata will release any reserved OCUs. If Customer cancels after work begins, Observata may consume OCUs or charge fees only for work performed and reasonable non-recoverable commitments in accordance with the
applicable commercial model.
10.3 Completion and acceptance. A standard Outcome is complete when its defined activities or deliverables have been materially completed or made available to Customer. If an Outcome or Project Specification includes express acceptance criteria, those criteria govern. No separate formal acceptance process applies unless expressly stated.
11 Third-party platforms deliverables and data
11.1 Third-Party Services. HYPR Serve may involve Third- Party Services. Applicable upstream terms, restrictions, warranties and dependencies are governed by the Governing Agreement, this Service Agreement and any identified Service Description. HYPR Serve does not expand Observata’s obligations for Third-Party Services beyond those documents.
11.2 Deliverables. HYPR Serve deliverables may include recommendations, configurations, dashboards, scripts, designs, documentation, implementation work, training materials and other technical artefacts. Rights in deliverables are governed by the Governing Agreement, Order Form and any applicable Project Specification.
11.3 Data and security governance. Where delivery involves Personal Data or Restricted Customer Information, the applicable Governing Agreement, DPA and agreed security requirements apply. This Service Agreement does not create a separate confidentiality, information-security, data-protection or
liability regime.
12 Term and relationship to other documents
12.1 Term and legal governance. The Order Form governs the term, renewal and commercial commitment for the applicable HYPR Serve Services. Suspension, termination, confidentiality, information security, intellectual property, data protection and liability are governed by the Governing Agreement except to the extent this Service Agreement expressly addresses a HYPR Serve-specific service mechanic.
12.2 Post-termination work. After the applicable Order Form expires or terminates, Customer may not activate new Outcomes or commence new bespoke work unless the parties agree otherwise. Active work will be completed, stopped or wound down according to its recorded status, the applicable
commercial model and the Governing Agreement.
12.3 Precedence. Where the Observata Master Customer Agreement applies, its functional precedence rules govern. Where the parties contract on Customer paper, this Service Agreement supplements the customer agreement to the extent incorporated, and any conflict is resolved according to the precedence expressly stated in the Governing Agreement or Order Form.