Support and Availability
1. Motorq agrees to maintain the availability of the Motorq Service during such percentage of each calendar month as is set forth below, subject to the exclusions set forth below. If Motorq fails to achieve such level of availability (a “Shortfall”) for any calendar month during the Term (the “Original Month”), prorated for partial months, and Customer notifies Motorq that a Shortfall has occurred within fifteen (15) days after the end of such Original Month, Motorq shall provide a credit (the “Service Credit”) against its next succeeding invoice after such notice equal to a percentage of the Subscription Fee for the Original Month, calculated in the manner set forth below. Any lack of availability due to the following causes shall be excluded from such calculation: (1) scheduled downtime for maintenance and upgrades (for which Motorq shall provide at least forty-eight (48) hours advance notice), (2) Customer action or inaction, including lack of availability of Customer personnel to assist in restoring service, (3) failure of Customer’s equipment, software, connectivity or other technology (4) the failure of any third party data source to provide data, or (5) any interruption in Motorq’s access to its cloud computing service not directly or indirectly caused by the negligence of Motorq.
2. Motorq agrees to respond to functionality issues (“Issues”) reported by Customer’s authorized personnel within the periods set forth below hereto based on the level of severity, as determined by Motorq in good faith. The period for Motorq to respond to Issues as set below shall be extended to the extent any delay in response is due to (1) Customer action or inaction, including lack of availability of Customer personnel (2) the failure of Customer’s equipment, software, connectivity or other technology, (3) the failure of any third party data source to provide data, or (4) any interruption in Motorq’s access to its cloud computing service not directly or indirectly caused by the actions or inactions of Motorq.
3. Motorq is committed to providing the availability of Motorq Service for 99.9% of each calendar month. The Service Credit, if any, for each calendar month (pro-rated for partial months) shall be calculated in accordance with the following table. In the table, “X” is defined as the availability percentage for a particular month.
The above calculation is subject to the exceptions and procedures set forth above. The scheduled downtime exclusion in Section 1, however, shall not exceed four hours in any-one-month period.
4. The following chart sets forth Motorq’s commitment to respond to Issues reported by authorized personnel of Customer based on the level of severity.
*Note: The Motorq Service relies on third-party partners (software infrastructure, automotive OEMs, aftermarket device companies, and additional data service vendors) for service and does not have direct control over all hardware systems, software systems, or their operational performance. Motorq collaborates closely with its partners to promptly restore any rare instances of outages. All Severity Level definitions are applicable only to the Customer’s Production Environment of Motorq. Scheduled downtime is excluded from these calculations
The following chart sets forth Motorq’s commitment to respond to requests reported by authorized personnel of Customer based on the foregoing Severity Level.
The timeline is initiated based on the customer request meeting the qualifications outlined below and Motorq verification of the severity level.
To qualify for the above Response SLA, Customers must alert Motorq to potential issues, bugs, or incidents via the approved Motorq Support Ticket Submission form. Motorq will provide access to this form to Authorized Support Contacts from the Customer’s team.
Business hour definition (UTC time): Monday 03:00 - Saturday 03:00 (24/5 coverage)
During non-business hours, for Level 1 and Level 2 issues only, customers may, in addition to submitting an issue via the authorized method outlined above, reach out to a Motorq authorized phone number.
5. Motorq shall provide outputs under the following schedule:
* From the time such data is made available to Motorq from the source.
6. Motorq shall store or be able to access data sufficient for Motorq to recalculate any Data Analytics or for Customer to access such data as per the following schedule, subject to requirements imposed by data sources or regulatory bodies:
- Streaming and API outputs:
a. Telemetry, events, trips streaming data (via Kafka, Azure EventHub, or other streaming platform) – minimum of three (3) days
b. Latest status and open events API – minimum of one hundred and eighty (180) days
- Queryable database
Data Analytics – minimum of one (1) year
- Motorq Portal (UI)
Reports & Dashboards – minimum of one (1) year
