Last Updated August 2022MAPAL OS SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) sets the Technical Maintenance and Support services provided by any entity of MAPAL Group (the “Supplier”, “MAPAL”, “We” or “Us”) as part of a written agreement duly signed between MAPAL and the Customer (the “Agreement”).

This SLA is made available at https://mapal-os.com/en/company/support-policy-en  or such other website address as may be notified to the Customer from time to time. 

In the event of a conflict between the terms of this SLA and the terms of the Agreement, the terms and conditions of the Agreement apply, but only to the extent of such conflict.

MAPAL reserves the right to reasonably modify this SLA from time to time. The effective date of each version of this SLA will be stated therein, and MAPAL will retain an archived copy of each SLA version that will be made available to the Customer upon request.

Capitalised terms used herein but not defined herein shall have the meanings set forth in the Agreement.

MAPAL works to continuously improve the Platform. New releases may be made available automatically to the Customers at any time. However, upgrades and changes that require downtime of the Platform (other than Emergency Maintenance actions) will be rolled out during Scheduled Maintenance Windows.

Technical support services will be provided during the following business hours, according to the Support Level Agreement:

If the Customer prefers to adhere to the Premium or the Enterprise level then the Supplier and the Customer shall agree the fees in the relevant Sales Order.

Otherwise the Basic level shall apply. 

MAPAL will utilise industry leading hosting infrastructure to provide the Platform and use commercially reasonable efforts to have a Software Availability of at least 98.0% (the “Availability Commitment”).  

The Customer must notify Software Availability incidents to MAPAL by email to help@mapal-os.com no later 24 hours from the date of the incident. 

If the Availability Commitment is not met, the Customer may be eligible to receive Service Credits. MAPAL will apply any Service Credits only against future License Fee payments otherwise due from the Customer. Service Credits will not entitle the Customer to reduce payments for any other concept other than License Fees, nor to any refund or other payment from MAPAL.  

Unless otherwise provided in the Agreement, the Customer´ sole and exclusive remedy for any unavailability, non-performance or other failure by MAPAL to provide the Platform is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA. 

To be eligible to receive Service Credits, the Customer must submit a claim no later than 24 hours after the end of each calendar month in which the Availability Commitment was not met according to the Customer, by sending an email to help@mapal-os.com including: 

A Customer will only be eligible to receive Service Credits if it has fulfilled all of its obligations under the Agreement and this SLA, and provides the Service Credit request as required above. 

Service Credits will be calculated: the percentage of Software Unavailability (100% - Software Availability) and the License Fees paid by the Customer corresponding to the month, licensed solution and/or service, and Sites in which the failure to meet the Software Availability Commitment has occurred (“SU License Fees”). 

Formula for Unavailability:

% Unavailability = [1 - (Availability Time - Unavailability Time)/Availability Time]*100

Service Credits will be issued withing one billing cycle following the month in which the credit request occurred.  

Subject to the terms of the Agreement, MAPAL will use commercially reasonable efforts to remedy Software Errors reported by the Customer in accordance with this SLA, provided that MAPAL is able to reproduce and demonstrate the Software Error in the environment for which the Platform was designed to operate. 

The Customer must notify Software Errors to MAPAL by sending an email to help@mapal-os.com. 

Software Errors are classified as follows: 

MAPAL is the sole responsible to assign the severity level of a Software Error.  

MAPAL has structured a response plan to address the most critical Software Errors first. Cases will be opened upon receipt of request or identification of issue, and incidents will be routed and addressed according to the severity of the Software Error, as detailed below

Target Response Times will run during the Contact Schedule defined in the Technical Support Schedules section of this SLA. 

Target Resolution Times will run during the Resolution Schedule defined in the Technical Support Schedules section, and will begin upon receipt of the Software Error communication from the Customer in accordance with the provisions of this SLA.  

This SLA does not apply and MAPAL will have no obligation to respond or remedy any Software Availability issue or Software Error: 

(i) if the customers is not up to date regarding all payments due to MAPAL in accordance with the Agreement; or 

(ii) if the Customer has not reported the incident according to the procedures set forth in this SLA or does not give commercially reasonable assistance in analysing and solving errors, including providing data, as may be reasonably required; or 

(iii) the incident is caused by factors outside of MAPAL reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Platform; or 

(iv) the incident results from the use of the Platform outside the scope described in the Agreement, in a manner not specified in the Documentation or specifications provided by MAPAL, or exceeding the limitations described in such Documentation and/or specifications; or 

(v) the incident results from any changes made in any way (including error-fixing) in the Platform by the Customer or any related third-party not specifically authorised by MAPAL; or 

(vi) the incident results from the Customer´s or any third-parties´ equipment, software, hardware, and/or network infrastructure outside the data centre in which the Platform is hosted; or 

(vii) the incident results from Customer´s unauthorized action or inaction from Customer´s employees, agents, contractors, or vendors or anyone gaining access to the Platform by means of Customer´s passwords or equipment; or 

(viii) the incident results from an action or inaction from a non-Authorised User; or 

(ix) the incident is not reproductible or fully documented during the reporting procedure; or 

(x) in case of suspension or termination of the right of the Customer to use the Platform or to receive support services in accordance with the Agreement.