This AWS Continuum Service Level Agreement (“this SLA”) is a policy governing the use of AWS Continuum and applies separately to each account using AWS Continuum. 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 in this SLA but not defined shall have the meanings set forth in the Agreement. 

SLA

AWS will use commercially reasonable efforts to make AWS Continuum for each AWS region available as shown in the table during any monthly billing cycle (the “AWS Continuum SLA”). In the event AWS Continuum does not meet the AWS Continuum SLA, you will be eligible to receive a Service Credit as described below.

Monthly Uptime Percentage	Service Credit Percentage
Less than 99.9% but equal to or greater than 99.0%	10%
Less than 99.0% but equal to or greater than 95.0%	25%
Less than 95.0%	100%

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for AWS Continuum in the affected AWS region for the monthly billing cycle in which the SLA, as applicable, was not met.

We will apply any Service Credits only against future AWS Continuum 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 in which the Unavailability occurred. 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 Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide AWS Continuum 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 opening a case in the AWS Support Center. Your credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include the information specified below:

1. the words “AWS Continuum SLA Credit Request – Claim” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming;
3. the affected AWS Continuum environment id(s) or if unavailable, affected AWS account IDs, and
4. your request logs and any other information that documents the errors and corroborate your claimed outage**.

** Please replace any confidential or sensitive information with asterisks.

If we confirm you have a valid claim under the applicable SLA, 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.

AWS Continuum SLA Exclusions

The SLA does not apply to any unavailability, suspension, or termination of AWS Continuum, or any other AWS Continuum 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 Continuum; (ii) that result from any actions or inactions by you; (iii) that result from you not following the guidelines and best practices described in the AWS Continuum technical 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 Continuum in accordance with the Agreement. 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.

Definitions

• A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
• “Monthly Uptime Percentage” for a given AWS region is calculated as the average of the Availability of all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AWS Continuum SLA Exclusion (defined above).
• “Availability” is calculated for each 5-minute interval as the percentage of Requests (defined below) processed by AWS Continuum that do not fail with Errors (defined below) and relate solely to the provisioned AWS Continuum functions. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
• “Request” means a call to an AWS Continuum API or AWS Security Agent API listed in the AWS Continuum Documentation.
• An “Error” is any Request that returns a 500 or 503 error code.