Effective dates: July 30, 2019 - Aug. 15, 2019

1.      Service Availability

HERE will use commercially reasonable efforts to provide Service Availability of at least 98.5% per calendar month for reading data from and writing data to volatile, versioned and stream layers, and performing pipeline operations using version 2 or higher of the Pipelines API. In the event that OLP does not meet this Service Availability, Customer is eligible to receive service credits as defined below.

Service Availability is calculated as the number of successful operational tests divided by the number of total operational tests for each calendar month, expressed as a percentage to the second decimal point. HERE measures Service Availability based on HERE production logs and on commercial-grade Web API monitoring tools deployed by HERE and run at no greater than 5-minute intervals.

HERE reserves the right, at its sole discretion, to amend the monitoring methodology and tools.

2.      Service Credits

Service Credits are calculated as a percentage of the Consumption fees paid by Customer for the days in the monthly billing cycle(s) that are part of the calendar month in which the Service Availability was below 98.5%, and in accordance with the schedule below.

 

-          Monthly Uptime Percentage: Less than 98.5% but equal to or greater than 97.0%, Service Credit Percentage: 10%

-          Monthly Uptime Percentage: Less than 97.0% but equal to or greater than 95.0%, Service Credit Percentage: 20%

-          Monthly Uptime Percentage: Less than 95.0%, Service Credit Percentage: 30%

The maximum Service Credit that HERE will issue a Customer in a single billing month is 30% of the amount due for Consumption fees by the Customer for that billing month. This would occur when the Monthly Uptime Percentage was less than 95.0% and the billing month coincided with the calendar month.

To receive Service Credit, Customer must notify HERE by contacting us through the support portal on platform.here.com within 30 days from the time the Customer becomes eligible to receive a Service Credit, and provide server log files showing service unavailability and dates and times of unavailability.

Any Service Credits will be applied only against a future payment due from Customer and will not entitle Customer to any refund or other payment from HERE. Service Credits may not be transferred or applied to any other account. Service Credits are Customer's sole and exclusive remedy for any unavailability of the HERE Open Location Platform in accordance with the terms of this SLA.

3.      Maintenance

HERE will use commercially reasonable efforts to provide maintenance notifications at least five (5) business days before any maintenance is performed on its systems if the maintenance is reasonably expected to cause any material degradation or drop in Service Availability or quality. HERE shall send maintenance notifications through platform.here.com and/or to the email address designated by the Customer. HERE will endeavor to keep OLP fully operational during all maintenance.

4.      Exclusions

 The SLA does not apply to:

-          Services not covered by the Service Availability commitment,

-          Items that are not part of OLP,

-          Equipment or functionality, e.g. internet connectivity, which is outside of the sole control of HERE,

-          Incidents created by Customer error or omission,

-          Interruption to OLP service resulting from any scheduled Maintenance,

-          Use of OLP which does not comply with HERE specifications or the Agreement, or

-          Force Majeure events.

HERE will make commercially reasonable efforts to protect its assets and services against threats and attacks potentially impacting Service Availability. In the case of a large-scale attack HERE might not be able to maintain Service Availability at expected level and reserves the right to claim such event as a non-SLA impacting event.

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Current version: HERE OLP Service Level Agreement (“SLA”)