ScyllaDB Cloud Service Level Agreement v1.0

Last updated – July, 2024

This ScyllaDB Cloud Service Level Agreement (“SLA”) governs the support and maintenance services for the ScyllaDB Cloud and such other related services provided to you (“you” or “Customer”) by ScyllaDB Inc. or ScyllaDB, Ltd., as applicable (“ScyllaDB”, “we” or “us”), as further identified in your respective Order Form (the “ScyllaDB Cloud Services”) under the agreement with us governing your use of the ScyllaDB Cloud Services (the “Terms”).

Unless otherwise stated hereunder, this SLA is subject to the Terms, and Capitalized terms not defined hereunder shall have the meaning ascribed to them in the Terms. ScyllaDB reserves the right to modify the terms and conditions of this SLA. We will provide a prior notice of at least 90 days for material changes to this SLA.

DEFINITIONS.

  1. Qualifying Cluster” means any cluster of a Paid Subscription Customer, supported with the dedicated ScyllaDB non-standard support and care package, that is paid for, non-development, and deployed in at least 3 Availability Zones. Non-production Clusters are explicitly excluded from the provisions of this SLA and shall not be considered as Qualifying Cluster(s). Consequently, non-production Clusters do not qualify for any service commitments and cannot be utilized as a basis or considered in any manner for asserting Service Credit under this SLA.
  2. Documentation” means the manuals, specifications, configuration requirements and/or ScyllaDB’s written instructions, with respect to the access and/or use of the ScyllaDB Cloud Services. ScyllaDB Documentation can be found at: https://docs.scylladb.com/stable/.
  3. Downtime” is the total accumulated minutes during a calendar month in which a cluster is not measured as available by us. A “minute” is considered “unavailable” if all continuous attempts by the Customer to establish a connection to the cluster within such a minute fail, as reflected in minute-by-minute logs, as evidenced by Customer. Notwithstanding anything to the contrary herein, ‘Downtime’ does not include: (i) downtime for maintenance or upgrades, OR (ii) as otherwise excluded in this SLA. Partial minutes of unavailability will not be counted as ‘minute’ towards Downtime.
  4. Monthly Service Fees” means the total Fees paid by you to ScyllaDB for a given cluster, as attributable to a calendar month. Monthly Service Fees will not include, in any case, out-of-pocket expenses incurred or committed by ScyllaDB to any Third-Party Vendor(s) or service providers of ScyllaDB with respect to the cluster.
  5. Monthly Uptime Percentage” is calculated as the (total number of minutes during a given calendar month minus Downtime), divided by (the total number of minutes during that calendar month). For the avoidance of doubt, if you have been using the cluster that experienced Downtime for only part of the calendar month, the Monthly Uptime Percentage will be calculated based on the total number of minutes during that calendar month and it is assumed to be 100% available for the portion of the calendar month that the cluster was not deployed.
  6. Paid Subscription Customer” means any customer that currently pays Fees under a valid executed Order Form issued by ScyllaDB for use of the ScyllaDB Cloud Services and is fully compliant with the terms of this SLA, the Terms, the Order Form, the Documentation, the Fair Usage Policy available at: https://www.scylladb.com/scylla-cloud-fair-usage-policy/ and best practices as provided by ScyllaDB support team, including the full payment of all amounts owed and due to ScyllaDB in respect of the ScyllaDB Cloud Services.
  7. Service Credit” is calculated as a percentage of the Monthly Service Fees attributable to the calendar month in which the Monthly Uptime Percentage for a specific cluster fell below the ranges set forth in the Service Commitment and Credit table herein.

SERVICE COMMITMENTS AND CREDITS.

1. Service Commitments and Product Tiers:

Support and Care Package
Professional Premium
Monthly Uptime Percentage Service Credit Percentage Monthly Uptime Percentage Service Credit Percentage
Equal to or greater than 99.99% No Credit Equal to or greater than 99.999% No Credit
Less than 99.99% but equal to or greater than 99.0% 10% Less than 99.999% but greater than 99.99% 10%
Less than 99.0% 25% Less than 99.0% 25%

SLA APPLICABILITY TERMS; CREDIT REQUESTS AND PAYMENT PROCEDURES.

  1. Notwithstanding anything in the Terms, Customers will be entitled to submit a request for Service Credit under this SLA and ScyllaDB will process such requests for Service Credit, only upon completion and satisfaction of all the following terms, otherwise the Service Credit shall be deemed to have been waived by Customer:
      1. you must be a Paid Subscription Customer and have had a Qualifying Cluster, and none of the SLA Exclusions specified herein apply, during the applicable time period to which the Service Credit relates.
      2. you must submit a Support Ticket with ScyllaDB Support Team within no more than 60 minutes of first becoming aware of an event that impacts cluster availability;
      3. Submit a request for Service Credit by notifying ScyllaDB by email to [email protected] within thirty (30) days of the end of the calendar/billing month in which the Downtime occurred and upon confirmation of outage.
      4. The submitted request for Service Credit must include Customer related request logs that accurately document in details a description of the events resulting in Downtime, including (without limitation): User ID, Cluster ID, Date, Time, Duration, The number and location(s) of affected users, Descriptions of customer attempts to fix the Service Downtime as it occurred, Type of error, and Any logs deemed necessary information (in case of any proprietary information within, then such proprietary information shall be redacted).
      5. you must provide all assistance required by ScyllaDB in investigating the cause of the Downtime and investigating the credit request.
  2. If the Monthly Uptime Percentage in a Customer credit request is confirmed by ScyllaDB and fall below the Service Commitment Percentage, then ScyllaDB will issue the Service Credits to Customer within 45 days following the last day of the month in which the credit request was approved. 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.
  3. Service Credits are provided per Customer per cluster and may not be assigned, transferred or applied to any other account.
  4. Customer requests for Service Credits shall not include actions outside the scope of the ScyllaDB Cloud Services or which relate to other products or services provided by ScyllaDB.
  5. ScyllaDB will evaluate all Credit Request information 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.
  6. In case we determine that you are entitled to a Service Credit, the Service Credit will be issued as credit against a future invoice for the Qualified Cluster that experienced the Service Downtime. Service Credits will not entitle you to any refund or other payment from ScyllaDB. The total of all Service Credits utilized for any future invoice shall not exceed 10% of the total annual Subscription Fees paid or payable to ScyllaDB by Customer in such invoice for that certain month.
  7. None of the SLA Exclusions listed herein apply to the underlying events that caused the Downtime, impact or error.
  8. Notwithstanding anything to the contrary hereunder, and unless otherwise provided in the Terms or an Order Form, Customer’s sole and exclusive remedy for any unavailability, Downtime or non-performance or other failure by ScyllaDB to provide the ScyllaDB Cloud Services or its obligations under this SLA is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

SLA EXCLUSIONS.

Notwithstanding anything to the contrary herein or the Terms, this SLA shall only apply to Downtime, and only to the extent such Downtime is not resulting from:

  1. actions or omissions of Customer or any third party acting on Customer’s behalf, not in compliance with this SLA.
  2. any services, software or technology, services, hardware, or software provided by a third party or Customer, including cloud hosting services utilized via the Cloud Services (Customer Account).
  3. Customer’s attempts to use the Qualified Cluster in a way that exceeds Customer’s allocated purchased capacity as set forth in the Order Form or which is caused due to ScyllaDB actions in response to suspected misuse or malicious actions.
  4. 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. Customer’s use of the ScyllaDB Cloud Services not in accordance with ScyllaDB’s written instructions or Documentation;
  6. Any maintenance or updates provided to Customer pursuant to the Terms or a relevant Order Form.
  7. Customer’s faulty commands, input or instructions.
  8. Customer’s misuse of the ScyllaDB 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.
  9. Use of unsupported codes, configuration or versions.
  10. Limitations related to availability, SLA, services or performance of Third Party Vendors, including Amazon Web Services (AWS) and Google Cloud Platform (GCP).
  11. Customer breach of this SLA, the Terms or the ScyllaDB Fair Usage Policy, available at: www.scylladb.com/docs/cloud-fair-usage-policy.
  12. Any act or omission of the Third-Party Vendor.

FAIR USAGE POLICY.

  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 ScyllaDB Cloud Services, available at: https://www.scylladb.com/scylla-cloud-fair-usage-policy/ (“Fair Usage Policy”). The Fair Usage Policy contains services usage guidelines for Customers using the ScyllaDB Cloud Services to ensure that Customers use the ScyllaDB Cloud Service in accordance with ScyllaDB’s recommended specifications and guidelines.
  2. The Fair Usage Policy forms an integral part of this SLA and governs the use of the ScyllaDB Cloud Services in connection to this SLA.