This Augmentt Service Level Agreement (“SLA”) between Augmentt Technology, Inc. (“Augmentt”, “us” or “we”) and users of the Augmentt Services (“you”) governs the use of the Augmentt Services under the provisions of the Augmentt Subscription Agreement (the “Terms”).
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
Augmentt Service Commitment: 99.9% Uptime
Augmentt will use commercially reasonable efforts to make your Augmentt Services running in the AWS Environments available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you may be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.9% means that we guarantee you will experience no more than 43.49 min/month of Unavailability.
“Maintenance” means scheduled Unavailability of the Augmentt Services, as announced by us prior to the Augmentt Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Augmentt Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Scheduled Maintenance Window” means the window during which weekly scheduled maintenance of the Augmentt Services may be performed. The Scheduled Maintenance Window is between the hours of Saturday 12:01am to Sunday 11:59am Eastern Standard Time.
“Unavailable” and “Unavailability” means when the Augmentt services is not available or not reachable due to Augmentt’s fault.
The Service Commitment does not apply to any Unavailability:
That results from a suspension or Remedial Action, as described in the Terms;
Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Augmentt network;
That results from any actions or inactions of you or any third party;
That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
That results from failures of Augmentt Services not attributable to Unavailability; or
That results from any Maintenance.
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.