Updated as of February 2021
This Support and Availability Policy (the “SLA Policy”) sets forth the policies and procedures with respect to the Moogsoft Inc.’s (“Moogsoft’s”) product(s) and/or service(s) specified in a Moogsoft Order Form (collectively, the “Product Offerings”) provided by Moogsoft to a customer (“Customer”) pursuant to the Moogsoft Order Form entered into between Moogsoft and Customer and the Moogsoft Observability Cloud Terms of Services (the “Agreement”). This SLA Policy, the Service Availability, and support and services provided to Customer are for the Product Offerings that are under a valid license with Moogsoft and are in the production environment only; they are not available for use of the Product Offering pursuant to a proof of concept or evaluation. Moogsoft reserves the right to change the terms of this SLA Policy in accordance with the Agreement.
As further described below, Moogsoft will use commercially reasonable efforts to: (i) provide Customer with 99.9% availability to the Product Offering (the “Service Availability”); and (ii) provide standard support to Customer.
If the Product Offering becomes substantially unavailable to Customer due to defects with the Product Offering, Moogsoft will respond to Customer (i) within eight (8) hours from Customer’s notification to Moogsoft of such unavailability, if during normal business hours (Monday-Friday, 8:00am – 6:00pm Pacific), or (ii) within eight (8) hours of the start of the next business day, if outside of normal business hours. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime or performance issues resulting from third party connections, services or utilities or other reason beyond Moogsoft’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labor problems (other than those involving Moogsoft employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Moogsoft’s possession or reasonable control, and denial of service attacks).
Moogsoft will provide support to Customer for defects with the Product Offering in accordance with this SLA Policy. Any other support services are outside of the scope of this SLA Policy and must be separately agreed in writing by Customer and Moogsoft.