Supplemental Terms

These Supplemental Terms (“Supplemental Terms”) apply to specific Subscription types as described herein and supplement and form a part of the Memfault Terms of Service found at https://memfault.com/terms unless Customer has a separate agreement governing its Subscription to Memfault’s Product, in which case these Supplemental Terms will supplement and form a part of that separate agreement (in either case, the “Agreement”).

Notwithstanding anything to the contrary in the Agreement, Memfault reserves the right, at its sole discretion, to update these Supplemental Terms. Customer’s continued usage of the Product will be considered Customer’s acceptance of the then-current version of these Supplemental Terms.

FREE SUBSCRIPTION TERMS

The following additional terms apply to Free Subscriptions (as defined in the Agreement):

1. All users exercising rights under any Free Subscription to the Product who are associated in any way with the same Entity (as defined below) must have their accounts registered with Memfault under the same, single organization originally designated by the Customer. For purposes of clarity, the limitations in the Agreement, including, but not limited to the limitations in Section 3.4 of the Agreement, apply in the aggregate to every user of every Free Subscription at an Entity. Creating multiple organizations and accounts within a single Entity shall not operate to expand in any way the use restrictions in the Agreement, and You agree not to create or attempt to create such multiple organizations within a single Entity. “Entity”means any corporation, partnership, or similar entity, including all of such entity’s parent companies, subsidiaries, and affiliated entities.

2. Free Subscriptions may be used for a maximum of 10 hardware units with the Memfault SDK installed on it (each, a “Device”).

3. All Devices must be on a single architecture, with the same or substantially the same chipset and/or firmware image).

4. If the Devices are used for any commercial purpose (excluding only personal/hobbyist use), then all Devices must be owned, controlled and solely used internally by the Entity exercising the rights licensed under this Agreement.

5. Free Subscriptions:

5.1    may send an aggregate maximum of 5 time series metrics per day, calculated including all active Devices;

5.2    may send an aggregate maximum of 10 core dumps uploaded per day, calculated including all active Devices;

5.3    may have a maximum of 3 alerts configured at any one time, calculated including all active Devices;

6. If You breach any term of the Agreement or these Free Subscription Terms, including but not limited to the use restrictions, Memfault may terminate Your Free Subscription immediately.

7. Free Subscriptions expire, and all rights terminate, after 30 days. If you wish to begin a paid Subscription, please visit: https://memfault.com/pricing/.

8. Notwithstanding anything to the contrary in the Agreement, Memfault has no obligation to provide support, including, but not limited to, assistance with onboarding, integration, or consultation, training, or access to Memfault’s product roadmap.

PARTNER SUBSCRIPTION TERMS

The following additional terms apply to Partner Subscriptions (as defined in the Agreement):

1. All users exercising rights under any Partner Subscription to the Product who are associated in any way with the same Entity (as defined below) must have their accounts registered with Memfault under the same, single organization originally designated by the Customer. For purposes of clarity, the limitations in the Agreement, including, but not limited to the limitations in Section 3.4 of the Agreement, apply in the aggregate to every user of every Partner Subscription at an Entity. Creating multiple organizations and accounts within a single Entity shall not operate to expand in any way the use restrictions in the Agreement, and You agree not to create or attempt to create such multiple organizations within a single Entity. “Entity”means any corporation, partnership or similar entity, including all of such entity’s parent companies, subsidiaries, and affiliated entities.

2. Partner Subscriptions may be used for a maximum of 100 hardware units with the Memfault SDK installed on it (each, a “Device”).

3. All Devices must be on a single architecture, with the same or substantially the same chipset and/or firmware image).

4. If the Devices are used for any commercial purpose (excluding only personal/hobbyist use), then all Devices must be owned, controlled and solely used internally by the Entity exercising the rights licensed under this Agreement.

5. Partner Subscriptions:

5.1  may send an aggregate maximum of 5 time series metrics per day, calculated including all active Devices;

5.2  may send an aggregate maximum of 10 core dumps uploaded per day, calculated including all active Devices;

5.3  may have a maximum of 3 alerts configured at any one time, calculated including all active Devices;

6. If You breach any term of the Agreement or these Partner Subscription Terms, including but not limited to the use restrictions, Memfault may terminate Your Partner Subscription immediately.

7. Customer shall be eligible for prioritized support responses.