Kingwatek API Map Service Level Agreement (SLA)

During the Term of Customer’s Kingwatek Map Service API License Agreement (the "Agreement"), for any of the Covered Services, Kingwaytek will use reasonable commercial efforts to provide to Customer a Monthly Uptime Percentage of at least 99.9% for each Covered Service (the "Service Level Objective" or "SLO"). Capitalized terms not defined in this SLA will have the meanings given to them in the Agreement.

If Kingwaytek does not meet the SLO, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. This SLA states Customer's sole and exclusive remedy for any failure by Kingwaytek to meet the SLO.

Customer Must Request Financial Credit

In order to receive a Financial Credit, Customer must notify Kingwaytek technical support within 30 days from the time Customer becomes eligible to receive a Financial Credit, for each individual Covered Service. If Customer does not comply with this requirement, Customer will forfeit its right to receive a Financial Credit.

When requesting Financial Credit, Customer must provide Kingwaytek with date and time information regarding the Downtime for a specific Covered Service. Customer acknowledges and agrees that Kingwaytek will assess and determine whether the specified Covered Service failed to meet the SLO, and that Financial Credits are eligible.  If a dispute arises with respect to this SLA, Kingwaytek will make a determination in good faith based on the available information, which Kingwaytek may make available for auditing by Customer at Customer's request.

Maximum Financial Credit.

The aggregate maximum number of Financial Credits to be issued by Kingwaytek to Customer for any and all Downtime Periods that occur in a single calendar month will not exceed 50% of the amount due by Customer for the Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.

SLA Exclusions.

The SLA does not apply to any (a) features designated Early Access ("Trusted Tester"), Alpha, or Beta (unless otherwise set forth in the associated Documentation or if the controlling Agreement specifically states the SLA applies); (b) features or Services excluded from this SLA (as stated in the associated Documentation); or (c) performance issues or errors: (i) caused by factors outside of Kingwaytek's reasonable control; (ii) that resulted from any actions or inactions of Customer or any third parties; (iii) that resulted from Customer's or a third party’s software or hardware; (iv) that resulted from abuses or other behaviors that violate the Agreement; (v) that resulted from quotas applied by the system or listed in the Admin Console; or (vi) that resulted from Customer use of the Covered Service inconsistent with the Documentation, including but not limited to invalid requests, unauthorized use, or inaccessible data.

Definitions

The following definitions apply to this SLA:

“Covered Service” means the following Kingwaytek Services:

• Directions API

• Distance Advanced API

• Geocoding API

• Autocomplete API

• Find Place API

• Text Search API

• Nearby Search API

• Place Detail API

• Maps JavaScript API

"Downtime" means the average server-side response time for a Valid Request is greater than five seconds. Downtime is measured for each Covered Service based on the global server-side response time thresholds. However, this limitation does not apply if you deviate from the recommended methods in the documentation or employ the Direction Advanced API service in an extreme manner, such as using numerous waypoints while simultaneously enabling the optimization feature.

"Downtime Period" means a period of ten consecutive minutes of Downtime, for any individual Covered Service. Intermittent Downtime for a period of less than ten minutes, for any individual Covered Service, will not be counted towards any Downtime Periods. Downtime as part of Scheduled Maintenance, for any individual Covered Service, will not be counted towards any Downtime Periods. Downtime Periods that occur for any one individual Covered Service will not apply to any other Covered Service Downtime Periods.

"Financial Credit" means the following:

"Monthly Uptime Percentage" means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.

"Scheduled Downtime" means those times where Kingwaytek notifies Customers of periods of Downtime seven days prior to the commencement of such Downtime. There will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this SLA, and will not be counted towards any Downtime Periods.

"Valid Requests" are requests to the Services that conform to the Documentation, and that would normally result in a non-Error response.