This Service Level Agreement (“SLA”) is a policy governing the use of S61 services and applies separately to each subscription. In the event of a conflict between the terms of this SLA and the terms of the Subscription Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment
System61 will use commercially reasonable efforts to make S61 available with a Monthly Uptime Percentage of at least 99.95%, during any monthly billing cycle (the “Service Commitment”). In the event that S61 does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits
Service Credits are calculated as a percentage of the total charges paid by you for S61 for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

Monthly Uptime Percentage
Service Credit Percentage
Less than 99.95% but greater than or equal to 99.0% – 10%
Less than 99.0% but greater than or equal to 95.0%  – 25%
Less than 95.0% 100%

We will apply any Service Credits only against future S61 payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from System61. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide S61 is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

S61 SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of S61, or any other S61 performance issues: (i) caused by factors outside of our reasonable control including any force majeure event or Internet access or related problems beyond the demarcation point of S61; (ii) that result from any voluntary actions or inactions by you or any third party (e.g., scaling of provisioned capacity, misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making encryption keys inaccessible, etc.); (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from you not following the best practices described in the Amazon S61 Developer Guide on the System61 Site; or (v) arising from our suspension or termination of your right to use S61 in accordance with the Agreement (collectively, the “S61 SLA Exclusions”). 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.

“Availability” is calculated for each 5-minute interval as the percentage of Requests processed by S61 that do not fail with Errors and relate solely to the provisioned S61 APIs. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
An “Error” is any Request that fails due to an S61 internal service error.
“Monthly Uptime Percentage” for a given System61 region is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude any lack of Availability resulting directly or indirectly from any S61 SLA Exclusion.
A “Request” is an invocation of an endpoint of any API hosted on S61.
A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.