PLATFORM OS INCORPORATED SERVICE LEVEL AGREEMENT
This Platform OS Incorporated Service Level Agreement (this “SLA”) is a policy governing the use of the
Included Services (listed below) and applies separately to each account using the Included Services. In the
event of a conflict between the terms of this SLA and the platformOS Terms of Service 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.
This SLA applies to site instances that are on a billing plan that is paid for, ie: not free. SLA for staging,
QA, DEV and other services that are not paid for, will not be covered by this SLA, unless a paid billing plan is
applied to those environments.
GENERAL SERVICE COMMITMENT
platformOS will use commercially reasonable efforts to ensure Production Server Endpoints for Amazon EC2,
Amazon EBS, Amazon RDS, Elasticsearch and REDIS Clusters (Included Services) are each available with a Monthly
Uptime Percentage of at least 99.9%, in each case during any monthly billing cycle (the “Service Commitment”).
This is based on a 50% utilisation of services by the number of total users allocated for a given Hosting tier.
EG: Tier 2, 25,000 users should expect no service degradation for 12,000 active users.
In the event of Customers requiring a spike in resources due to specific events, it will be required that pOS
be informed of such event to ensure provisioning is made. In almost all cases, auto-scaling will account for
load spikes and be charged as overages (as outlined in the Terms of Service) where required.
In the event any of the Included Services do 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 (excluding one-time payments)
for the Included Service for the monthly billing cycle in which the Unavailability occurred in accordance with
the schedule below.
We will apply any Service Credits only against future payments for the applicable Included Service due from
you. Service Credits will not entitle you to any refund or other payment from platformOS. 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). Service Credits may not be transferred or applied to any other account. Your sole and exclusive
remedy for any unavailability, non-performance, or other failure by us to provide server uptime of your pOS
services, is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
CREDIT REQUEST AND PAYMENT PROCEDURES
To receive a Service Credit, you must submit a claim by emailing support@platformos.com. To be eligible, the credit request must be
received by us by the end of the second billing cycle after which the incident occurred and must include:
1. the words “SLA Credit Request” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming;
3. the affected instances; and
4. your request logs that document the errors and corroborate your claimed outage (any confidential or
sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment,
then we will issue the Service Credit to you within one billing cycle following the month in which your request
is confirmed by us. Your failure to provide the request and other information as required above will disqualify
you from receiving a Service Credit.
platformOS SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of pOS:
(i) that result from a suspension due to non-payment of any invoices, where 30-day warning and a further 30 day
grace period is given to fulfill payment;
(ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access
or related problems beyond the demarcation point of pOS and Amazon Web Services;
(iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a
recovery;
(iv) 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);
(v) that result from failures of individual Instances or volumes not attributable to AWS Region Unavailability;
(vi) that result from any maintenance including but not limited to a) Zero Day security patches b) Major
Software updates to Operating Systems, Database Versions, Application Server Software versions and c) Changes to
external 3rd Party APIs that are outside of the control of pOS, which may impact availability of pOS such as a
product end of life, or decommissioning of services out of the control of pOS as provided for pursuant to the
Agreement; or
(vii) arising from our suspension and termination of your right to use pOS in accordance with the Agreement
(collectively, the “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.
We will not be responsible for failure to fulfill any obligations due to causes beyond its control.