Last Updated: June 22, 2021

This Service Level Agreement (this “SLA”) is entered into by Mapped and Customer (as defined in the Mapped Customer Agreement available at  www.Mapped.com/legal/CustomerAgreement (the “Customer Agreement”)) pursuant to and subject to the Customer Agreement. Capitalized terms not defined below have the meanings ascribed to them in the Customer Agreement.

1.                   DEFINITIONS

1.1               “Actual Monthly Uptime Percentage” = (A-B+C)/A , where:

A = Total Monthly Minutes

B = Unavailable Monthly Minutes

C = Excluded Monthly Minutes

1.2               “Monthly Uptime Percentage Threshold” means the percentage listed in the table below under the heading, “Monthly Uptime Percentage Threshold.”

Applicable Services	Monthly Uptime Percentage Threshold	Service Credit
API Services	99.95%	10% credit equivalent

 

1.3               “Service Credit” means the dollar credit that Mapped will credit to a Customer’s eligible account if the Actual Monthly Uptime Percentage is less than the Monthly Uptime Percentage Threshold, and which is calculated by multiplying the Service Credit percentage by Customer’s applicable API Services Fees charged for the applicable calendar month.

1.4               “Total Monthly Minutes” means the total number of minutes in the applicable calendar month.

1.5               “Unavailable Monthly Minutes” means the number of minutes in the applicable calendar month during which the APIs for the Products were unavailable for use.

2.                   SERVICE COMMITMENTS

2.1               If, during any month throughout the Term, the Actual Monthly Uptime Percentage falls below the Monthly Uptime Percentage Threshold, then Customer will be eligible to receive a Service Credit, subject to Customer’s compliance with Section 3 below.

3.                   CREDIT REQUEST AND PAYMENT PROCEDURES. To receive a Service Credit for the Products, Customer must submit a request to Mapped through the Mapped Customer service portal, available at support.mapped.com, within 30 days from the last day of the calendar month in which Customer claims Mapped failed to meet or exceed the Monthly Uptime Percentage Threshold. Availability of Mapped’s APIs is measured by a third party provider of performance and monitoring services (the “Monitoring Service”), that issues monthly uptime reports, available at support.mapped.com. Mapped will adjust the Monitoring Service’s uptime results as necessary to account for any Excluded Monthly Times. All submissions must include: (a) “SLA Claim” as the subject of the ticket; (b) the dates and times of Unavailable Monthly Time; and (c) any documentation of the applicable outage. Each Service Credit will be applied to future amounts payable by Customer to Mapped for the Products. No refunds or cash value will be given. All SLA claims will be verified against the measurements of the Monitoring Service.

4.                   EXCLUDED MONTHLY MINUTES. Notwithstanding any provision in this SLA to the contrary, no Unavailable Monthly Minutes will be deemed to have occurred if downtime: (a) is caused by factors outside of Mapped’s reasonable control, including, without limitation, telecommunications or cloud infrastructure provider-related problems or issues, Internet access, or related problems occurring beyond the point in the network where Mapped maintains access and control over the Services; (b) results from any actions or inactions of Customer or any third party (except for Mapped’s agents and subcontractors); (c) results from the Customer Applications, Customer’s equipment, software or other technology, Add-on services, or third party equipment, software or other technology (except for equipment within Mapped’s direct control); (d) occurs during Mapped’s scheduled maintenance for which Mapped will provide at least 24 hours’ prior notice, except that no notice is required for scheduled maintenance that occurs during Mapped’s published scheduled maintenance periods); (e) occurs as a result of emergency maintenance (maintenance that is necessary for purposes of maintaining the integrity or operation of the Services), regardless of whether any notice is provided by Mapped; (f) results from any alpha, beta, developer preview, development test bed environments, descriptions of similar import or not otherwise generally available Mapped features or products; or (g) periods of Unavailable Monthly Minutes that are less than five minutes of continuous unavailability in duration (collectively, the “Excluded Monthly Minutes”).

5.                   ENTIRE SLA LIABILITY. With respect to any failure of Mapped to meet the Monthly Uptime Percentage Threshold or Successful Connection Rate, as applicable, this SLA states Mapped’s sole and entire liability to Customer and Customer’s sole remedy.