This StreamNative Cloud Service Level Agreement ("SLA") describes the service availability commitment for the StreamNative Cloud Service under the Terms of Service or Subscription Agreement (collectively or individually "Agreement") between StreamNative, Inc. ("StreamNative") and Customer. Unless otherwise provided herein, this SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement. During the period of your StreamNative Cloud Services, StreamNative will use commercially reasonable efforts to make the StreamNative Cloud Service available with a Monthly Uptime Percentage as detailed below (the "Service Level"). If StreamNative does not meet the Service Level, Customer will be eligible to receive a Service Credit as described below. Definitions
- "Downtime" is the total accumulated minutes during a calendar month for a given StreamNative Cloud Service cluster during which the entire cluster is unavailable. A minute is considered unavailable for a given cluster if all continuous attempts by StreamNative’s monitoring system to write to the cluster within the minute fail. StreamNative’s monitoring system connects to the same endpoints that Customer uses. Downtime does not include unavailability that results from any of the exclusions set forth below. Partial minutes of unavailability will not be counted as Downtime.
- "Monthly Uptime Percentage" means the total number of minutes in a calendar month, minus the number of minutes of Downtime in such month, divided by the total number of minutes in such month. If Customer’s StreamNative Cloud Service cluster is provisioned and running for only part of a calendar month, such cluster is deemed to be 100% available during the portion of the month in which it was not provisioned and running.
- "Service Credit" means the percentage of monthly Service fees, calculated as set forth below, credited to Customer’s StreamNative Cloud Service bills in accordance with the process described in this SLA.
Service Credits are calculated as a percentage of the total monthly Service fees paid by Customer for the unavailable StreamNative Cloud Service cluster for the calendar month in which the StreamNative Cloud Service does not meet the Service Level, in accordance with the schedule below.
Service Credit Request and Application Process
To receive a Service Credit, Customer must submit a claim by logging a support ticket (if Customer is Community Supported, Customer must email email@example.com). To be eligible, the credit request must be received by StreamNative within five (5) calendar days after the last day of the
month in which the StreamNative Cloud Service does not meet the Service Level, and must include all information reasonably necessary for StreamNative to verify the claim, including:
- the words "SLA Credit Request" in the subject line;
- a description of the applicable client(s), the version of each such client, and the configurations for each such client; and
- a description of the events resulting in Downtime, including the time and duration of the Downtime and Customer requests logs that document the failed write attempts.
StreamNative will evaluate Customer requests and determine in good faith whether a Service Credit is owed based on its system logs, monitoring reports, configuration records, and other available information. If StreamNative confirms that the Monthly Uptime Percentage applicable to the month of such request did not meet the Service Level, then StreamNative will issue the Service Credit to Customer within one billing cycle following the month in which Customer’s request is confirmed. Customer’s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit. Service credits are not refundable and can only be used toward future billing charges. StreamNative will apply any Service Credits against Customer’s next billing charge. Service credits are exclusive of any applicable taxes charged to
Customer or collected by StreamNative. Service Credits will not entitle Customer to any refund or other payment from StreamNative. Service Credits are Customer’s sole and exclusive remedy for any unavailability of the StreamNative Cloud Service in accordance with the terms of this SLA. Service credits expire without refund twelve (12) months from issuance.
The SLA does not apply to any unavailability of the StreamNative Cloud Service:
- That results from (i) a suspension described in Section 6.6 of the Agreement (Late Payments) or (ii) Customer’s misuse of the StreamNative Cloud Service in violation of Section 3 of the Agreement (Acceptable Use);
- Due to factors outside StreamNative’s reasonable control, including but not limited to any force majeure event, network intrusions, denial of service attacks, systemic internet issues or any other act or omission of any telecommunication or services provider;
- That results from the use of services, hardware, or software provided by a third party and not within the primary control of StreamNative, including issues resulting from inadequate bandwidth or resulting from failures of cloud platform services on which the StreamNative Cloud Service runs;
- That results from Customer’s unauthorized action or lack of action when required, including those of Customer’s Users or by means of Customer’s passwords; or
- That results from Customer’s failure to use StreamNative-supported Kafka clients with acceptable configuration values as defined in the StreamNative Cloud Service documentation.
- Unavailability due in whole or in part to any of the following: Customer-controlled actions and/or environment or other failures or shortcomings not within StreamNative’s control; Customer’s violation of the Agreement; failure by Customer to take any remedial action in relation to the Services as recommended by StreamNative, or otherwise preventing StreamNative from doing so Customer’s negligence or willful misconduct, which may include failure to follow agreed-upon procedures; scheduled maintenance that takes place upon five (5) days email notice, ad hoc maintenance carried out to avoid future unavailability, and/or updates; or Customer’s failure to provide information required by StreamNative to provision the StreamNative Cloud Service.