This ScyllaDB Cloud Service Level Agreement (“SLA”) is an agreement governing the support services and maintenance for the ScyllaDB Cloud Services (“Cloud Services”) under the terms of use of the Cloud Services, or other agreement with us governing your use of the Cloud Services (the “Terms”). Unless otherwise stated hereunder, this SLA is subject to the Terms. ScyllaDB reserves the right to modify the terms and conditions of this SLA upon 60 days’ notice to Customers.
You acknowledge and agree that this SLA applies solely to the Cloud Services and shall not apply in connection to any other service or product offered by ScyllaDB. Capitalized terms not defined hereunder shall have the meaning ascribed to them in the Terms.
1. Service Commitment
| Tier | Monthly Uptime Percentage | Service Credit Percentage |
| Tier 1 | Less than 99.99% but equal to or greater than 99.0% | 10% |
| Tier 2 | Less than 99.0% | 25% |
2. Definitions
2.1. “Applicability Terms” are the terms required for this SLA to be in effect, which shall require that the Cloud Services (i) have created a keyspace with a minimum replication factor of at least 3; and (ii) have executed queries with a consistency level of Quorum.
2.2. “Customer Requests” are Customer-initiated actions supported by ScyllaDB with respect to the Cloud Services. It is hereby clarified that Customer Requests shall not include actions outside the scope of the Cloud Services or which relate to other products or service provided by ScyllaDB.
2.3. “Documentation” means the manuals, specifications, configuration requirements and/or ScyllaDB’s written instructions, with respect to the access and/or use of the Cloud Services, including the Services.
2.4. “Downtime” is the total accumulated minutes during a calendar month for a given Cloud Services during which the entire Cloud Services are unavailable. A minute is considered unavailable for a given Cloud Service if all continuous attempts by Customer to establish a connection to the Cloud Service within the minute fail. It is hereby clarified that Downtime does not include scheduled downtime for maintenance or upgrades or as otherwise excluded in this SLA. Partial minutes of unavailability will not be counted towards Downtime. A cluster is considered available as long as at least one replica of each information element is available (consistency level = LOCAL_QUORUM)
2.5. “Service Fees” means the total fees actually paid by Customer to ScyllaDB for the Cloud Services that are applied to the month in which there was a Downtime incident(s).
2.6. “Monthly Uptime Percentage” for a given Cloud Service, as set forth in the Terms, is calculated as the total number of minutes during a given month less Downtime divided by the total number of minutes during that month. If you have been using the Cloud Services for only part of the month, then the Cloud Services are assumed to be 100% available for the portion of the month that it was not used.
2.7. “Service Credit” is calculated as a percentage of the Service Fees paid by Customer to ScyllaDB for the billing cycle in which the Monthly Uptime Percentage for a given Cloud Service fell within the ranges set forth in the table under Section 1 (Service Commitment).
3. SLA Applicability
3.1. This SLA shall be effective subject to the full payment of all required fees for the Cloud Services and/or any other payments required under this SLA or Terms.
3.2. Furthermore, and without derogating from the foregoing, it is hereby clarified that this SLA shall only be in effect if the Applicability Terms have been met. Failure to achieve the Applicability Terms shall mean that this SLA is not in effect, in its entirety, and ScyllaDB shall not be required to fulfill any of the terms and conditions hereunder.
4. Credit Requests and Payment Procedures
4.1. To receive Service Credits, Customer will need to submit a claim by notifying ScyllaDB in writing/email to [email protected]. To be eligible for Service Credit, the credit request must be received by ScyllaDB within 12 hours from the time the incident occurred and must include the following information:
4.1.1 Customer Request logs that document and details the Downtime which occurred, including:
– User ID;
– Cluster ID;
– Date;
– Duration;
– Type of error; and
– Any logs deemed necessary information (in case of any proprietary information within, then such proprietary information shall be redacted).
4.1.2. If the Monthly Uptime Percentage of such credit request is confirmed by ScyllaDB and is less than the Service Commitment under Section 1 above, then ScyllaDB will issue the Service Credits to Customer within one billing cycle following the month in which the credit request occurred. Customer acknowledges and agrees that its failure to provide the credit request and other information in accordance with the terms hereunder shall not entitle it to receive any Service Credits.
4.2. Customer hereby agrees that Service Credits will be applicable and issued only if the credit amount for the applicable billing cycle is greater than $10 USD. Service Credits may not be transferred or applied to any other account.
4.3. ScyllaDB will evaluate all credit request information reasonably as provided and available to it and make a good faith determination at ScyllaDB’s sole discretion of whether the Customer’s Service credit request is valid. In case we determine that we owe you a Service Credit, the Service Credit will be a credit against a future invoice for Cloud Services. Service Credits will not entitle you to any refund or other payment from ScyllaDB.
4.4. Notwithstanding anything to the contrary hereunder, and unless otherwise provided in the Terms or relevant PO, Customer’s sole and exclusive remedy for any unavailability or non-performance or other failure by ScyllaDB to provide the Cloud Services or this SLA is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.
5. SLA Exclusions
5.1. The SLA shall not apply in the case that any Downtime or error is caused as a result of:
5.1.1. actions or omissions of Customer or any third party acting on Customer’s behalf;
5.1.2. use of services or software provided by a third party, including errors resulting from an inadequate internet connection or bandwidth or related to third-party software or services;
5.1.3. due to Customer’s attempts to use the Cloud Services in a way that exceeds Customer’s allocated capacity as set forth in the PO or which is caused due to ScyllaDB actions in response to suspected misuse or malicious actions.
5.1.4. due to a force majeure or causes outside of ScyllaDB’s control including, among others, war, acts of terrorism, natural disaster, riots, government action, or a network or device failure;
5.1.5. Customer’s use of the Cloud Services not in accordance with ScyllaDB’s written instructions or Documentation;
5.1.6. due to any maintenance as provided to Customer pursuant to the Terms or a relevant PO;
5.1.7. caused by Customer’s faulty commands, input or instructions.
5.1.8. cause by Customer’s misuse of the Cloud Services or any unauthorized action or lack of action when required, or any such action or omission by its employees, agents or anyone gaining access to ScyllaDB’s network by means of Customer’s passwords or network, or otherwise caused by Customer’s failure to adhere to appropriate security protocols; or
5.1.9. Use of unsupported codes, configuration or versions.
6. Fair Usage Policy
6.1. As part of ScyllaDB’s vision to provide first rate quality and reliable services, ScyllaDB has implemented a fair usage policy with respect to our Cloud Services, available at: www.scylladb.com/docs/cloud-fair-usage-policy (“Fair Usage Policy”). The Fair Usage Policy contains services usage guidelines for Customers using the Cloud services to ensure that Customers use the service in accordance with ScyllaDB’s recommended specifications and guidelines.
6.2. The Fair Usage Policy forms an integral part of this SLA and governs the use of the Cloud Services in connection to this SLA.
7. Third-Party Service Providers
7.1. Customer acknowledges and agrees that ScyllaDB is using the services and/or products of third-party service providers and/or partners to facilitate the provision of the Cloud Services to Customer, as such, certain obligations under this SLA are subject to the performance and quality of services or products provided by such third-party service providers and/or partners.
7.2. In light of the foregoing, ScyllaDB shall extend to Customer the same level of service levels agreement terms as provided to ScyllaDB by its third-party service providers and/or partners in connection with the Cloud Service.
