MapsPeople SLA

Service Level Agreement, US

Service Level Agreement

Version 1.1 – Last modified: 03.15.21

Preamble

This MapsPeople Service Level Agreement (“SLA”) describes the sole undertakings by MapsPeople in respect of the service levels related to its products and/or services whether in the form of a subscription to software as a service, such as to the MapsIndoors Platform, or other (referred to as the “Products” and/or the “Services” and/or the “Platform”) and shall be seen as an incorporated part of any and all agreements under which MapsPeople delivers Services.

“MapsPeople” means MapsPeople A/S, Stigsborgvej 60, 9400 Noerresundby, Denmark, and any and all of its subsidiaries, including, but not limited to, MapsPeople Inc. 3205 Industrial Terrace, Austin, TX 78758, USA.

 

1. SLA Exclusions

MapsPeople’s obligations in this SLA do not apply to any unavailability, suspension or termination of the Services, or any other performance issues related to the Services which result from: (i) factors beyond MapsPeople’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of the MapsPeople Services or its direct hosting subcontractors (i.e., beyond the point in the network where MapsPeople maintains access and control over the MapsPeople Services); (ii) any acts or omissions of you or any third party (other than MapsPeople’s direct hosting subcontractor); (iii) API’s, integrations, equipment, software or other technology provided by third parties to MapsPeople or to the Customer (unless the availability, performance and service level of such are within MapsPeople’s direct control); or (iv) MapsPeople’s suspension and termination of Customer’s right to use the MapsPeople’s Services in accordance with agreements between the Parties and/or the MapsPeople Terms of Service, or (v) scheduled maintenance.

Claiming Service Credits is the sole remedy available to the Customer in case of breach of the Service Availability and/or Service Levels.

 

2. Response Time

MapsPeople shall respond to and initiate rectification of errors covered by this SLA within the time frames set out below from the time an error is reported by the Customer by filing a ticket:

 

For an error to exist the customer must be using the Platform in a live production setting; it must not be in the implementation phase; and it must relate to a supported version of the Platform.

If rectification is not initiated within the applicable time frame according to the above undertakings the delay hereof shall entitle the Customer to receive Service credits in accordance with Clause 3 below as if the service was unavailable from the end of the timeframe within which rectification should have been initiated and till rectification was initiated. MapsPeople may solely determine the category of errors.

Any errors and defects must be reported by filing a ticket at https://resources.mapspeople.com/get-support. MapsPeople may change this link at any given time. Errors and defects reported through other channels are not considered notified to MapsPeople.

 

3. Service Availability

MapsPeople will use commercially reasonable efforts to make the Products available at least 99.5 % of the time in any calendar month, except during scheduled maintenance and upgrades. If MapsPeople does not meet 99.5% availability of the Product in question, the Customer will be eligible to receive Service Credits as per below.

Service availability is calculated by subtracting the total minutes of service interruption for such Platform in a given month from the total minutes in such month, divided by the total minutes in such month and then multiplied by 100. Service interruption is the period of time that a MapsPeople Product is either (a) not available for Customer log-in or (b) substantially not functioning.

By way of example: If in a given 30-day month there are 216 minutes of Service Interruption, then the Service Availability for such month would be calculated as follows:

= (43,200 being the total minutes in a 30-day month – 216 minutes of Service Interruption) / 43,200

= 42,984 / 43,200

= 0.995

Service Availability for the month would be 99.5%

A “Service Credit” is a day of service being provided free of charge at the end of a subscription period/term.

Where reasonably possible, MapsPeople shall provide no less than 24 hours’ notice to the Customer of scheduled maintenance which is expected to last longer than 30 minutes.

 

4. Limitations

The aggregate number of Service Credits to be issued by MapsPeople to the Customer in a single calendar month shall not exceed 15. Service Credits may not be exchanged for, or converted to, monetary amounts nor made subject to set-off.

In order to obtain Service Credits due to a given reason the Customer must claim such from MapsPeople within 30 days from the time the Customer becomes eligible to receive the first Service Credit due to the reason in question. Failure to comply with this requirement will forfeit Customer’s right to receive the related Service Credits.