Claims and Compensation

For Trackunit to consider a claim towards compensation, all information needed to be able to verify your claim must include but is not limited to; detailed description of the incident, information regarding time and duration of the incident, downtime, the number and location of affected users, and a description of your attempts to resolve the incident. Trackunit will use the severity of the SLA violation in consideration for the amount of eligible credit up to a maximum of 2.5% of your monthly subscription for Priority and 5% for Premium.
In order for Trackunit to be able to process a claim, Trackunit Technical Support must receive the claim within 30 days from the incident. Trackunit will evaluate all information in good faith and determine if you are eligible to receive a credit memo. We will exercise reasonable efforts to process the claim within 30 days from receiving the claim. You must be compliant with the Agreement to be eligible for any credit memo.
Credit memos are your sole and exclusive remedy for any performance availability issues regarding Trackunit’s digital solution. Thus, Trackunit will never compensate for any internal costs, loss of business or 3rd party costs unless other remedies have been agreed in the Agreement. You are not entitled to withhold payment of license fees due to performance or availability issues.

Limitations

The following exceptions and limitations apply:

1. Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, network or device failure external to our data centers, including at your site or between your site and our data center).
2. That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth, lack of network coverage or related to third-party software or services.
3. Caused by your use of a service after our recommendation to modify this use.
4. During or with respect to preview, pre-release, beta or trial versions of a service, feature or software (as determined by us).
5. That result from unauthorized action or lack of action when required, from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise from your failure to follow appropriate security practices.
6. That result from your failure to; adhere to any required configurations, use of supported platforms, follow any policies for acceptable use, or your use of the service in a manner inconsistent with the intended features and functionality of the service (for example, attempts to perform operations that are not supported), or inconsistent with our published guidance.
7. That result from faulty input, instructions, or arguments (for example, requests to access data that do not exist).
8. That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior.