This Hosted Software Service Level Agreement (SLA) is governed by the Master Service Agreement (MSA) available at https://tractian.com/en/master-license. Any capitalized terms not defined here will have the meaning assigned in the MSA. Our cloud-based infrastructure is designed to deliver secure and consistent performance, with built-in redundancy and scalability to minimize disruptions. By distributing workloads across multiple servers and implementing data replication, we mitigate the risk of downtime. Tractian makes commercially reasonable efforts to maintain system uptime as outlined in our Hosted Software SLA. If uptime falls below the defined threshold, customers may be eligible for Service Credits, subject to the terms described below.
1. Definitions
“Hosted Software Downtime” – Periods when the Customer is unable to access the Hosted Software dashboard due to a failure in the Hosted Software, as confirmed by both the Customer and Tractian. Downtime caused by individual hardware device failures is not considered Hosted Software Downtime, but such failures may be covered under Tractian’s Hardware Warranty Policy available at https://tractian.com/en/hardware-warranty. “Scheduled Maintenance” – Planned downtime necessary for system updates, security patches, or infrastructure improvements, with prior notice provided to the Customer.
2. Service Availability
During the term of the applicable Order Form, the Hosted Software Availability will ensure a Monthly Availability Percentage of at least 99.70% in any given month. If the Monthly Availability does not meet the Service Level Guarantee in any given month, and if the Company complies with its obligations under the MSA, the Company will be entitled to receive Service Credits in days, as outlined in the table below:
| Monthly Availability | Service Credits (Days) |
|---|---|
| Up to 99.70% | 0 (zero) days |
| 99.70% to 98.0% | 3 (three) days |
| 98.0% to 95.0% | 7 (seven) days |
| Less than 95.0% | 10 (ten) days |
3. Service Credit
The Company must notify Tractian in writing when the Company becomes eligible to receive the said credit. Failure to meet this requirement will constitute a waiver of the right by the Company.
4. Exclusions
The Hosted Software Availability commitment does not apply to downtime caused by scheduled maintenance, with prior notice to Customers, required to ensure continued reliability and security of the Hosted Software; force majeure events beyond Tractian’s reasonable control, including but not limited to natural disasters, acts of government, war, labor disputes (excluding Tractian’s own employees), utility failures, or other unforeseen circumstances that impact system availability; failures, misconfigurations, or limitations in Customer’s infrastructure, networks, or third-party services not managed by Tractian; downtime resulting from violations of Tractian’s MSA, improper system use, or failure to follow installation and operational guidelines; interruptions caused by external cloud providers, internet service providers, or cellular network failures; and failures related to individual hardware devices, such as sensors or receivers, which may be covered under Tractian’s Hardware Warranty Policy.
5. Limitation of Remedies
The Service Credits constitute the Customer’s sole and exclusive remedy for any unavailability, performance failure, or any other failure by Tractian to provide the Hosted Software in accordance with the terms of this SLA. No other compensation or remedy shall be due to the Customer.