AWS Compute Optimizer Service Level Agreement

This AWS Compute Optimizer Service Level Agreement ("SLA") is a policy governing the use of AWS Compute Optimizer and applies separately to each account using AWS Compute Optimizer. In the event of a conflict between the terms of this SLA and the terms of the AWS Customer 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.

AWS will use commercially reasonable efforts to make AWS Compute Optimizer available with the Monthly Uptime Percentages set forth in the table below for each AWS region during any monthly billing cycle (the "Service Commitment"). In the event AWS Compute Optimizer does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits are calculated as a percentage of the total charges paid by you for AWS Compute Optimizer in the affected AWS region for the monthly billing cycle in which the Service Commitment was not met, in accordance with the schedule below.

We will apply any Service Credits only against future AWS Compute Optimizer payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle during which AWS Compute Optimizer did not meet the Service Commitment. Service Credits will not entitle you to any refund or other payment from AWS. 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.  Unless otherwise provided in the AWS Agreement, your sole and exclusive remedy for any unavailability, non-performance or other failure by us  to provide AWS Compute Optimizer is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

To receive a Service Credit, you must submit a claim by opening a case in the AWS Support Center. 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, times, and AWS region(s) for each Unavailability incident that you are claiming;
3. the affected AWS Compute Optimizer API calls, and AWS Compute Optimizer API endpoint that returned errors; 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 the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

The Service Commitment does not apply to any unavailability, suspension or termination of AWS Compute Optimizer, or any other AWS Compute Optimizer 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 AWS Compute Optimizer; (ii) that result from any actions or inactions by you; (iii) that result from you not following the current AWS Compute Optimizer Documentation on the AWS Site; (iv) that result from your equipment, software or other technology; or (v) arising from our suspension or termination of your right to use AWS Compute Optimizer in accordance with the Agreement (collectively, the "AWS Compute Optimizer SLA Exclusions").

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we  may issue a Service Credit considering such factors at our discretion.

• "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of 5-minute intervals during the month in which AWS Compute Optimizer was Unavailable. If you have been running AWS Compute Optimizer for only part of the month, AWS Compute Optimizer is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AWS Compute Optimizer SLA Exclusions.
• A "Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
• "Unavailable" and “Unavailability” mean that all AWS Compute Optimizer API calls fail during a 5 minute interval. This definition includes cases where the AWS Compute Optimizer API returns ServiceUnavailable or InternalError exceptions.