Amazon Monitron Service Level Agreement

This Amazon Monitron Service Level Agreement (“SLA”) is a policy governing the use of Amazon Monitron and applies separately to each account using Amazon Monitron. 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 Amazon Monitron available with the applicable Monthly Uptime Percentage during any monthly billing cycle (the “Service Commitment”). In the event Amazon Monitron 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 Amazon Monitron that did not meet the Monthly Uptime Percentage commitment in a billing cycle in accordance with the schedule below.

We will apply any Service Credits only against future Amazon Monitron 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 error 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 an Amazon Monitron 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:

(i) the words “SLA Credit Request” in the subject line;

(ii) the dates and times of each incident where you are claiming that Amazon Monitron was Unavailable; and

(iii) 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 applicable to the month of such request is confirmed by us and is less than the applicable 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.

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon Monitron, or any other Amazon Monitron 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 Amazon Monitron; (ii) that result from any actions or inactions of you; (iii) that result from failure to follow the guidelines or exceeding the limitations described in the Amazon Monitron Documentation on the AWS Site or Amazon Monitron Device Terms of Service; (iv) that result from Amazon Monitron hardware (see our Amazon Monitron Warranty for information about remedies for hardware errors or defects); (v) that result from your equipment, software or other technology; or (vi) arising from our suspension or termination of your right to use Amazon Monitron in accordance with the Agreement (collectively, the “Amazon Monitron SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Downtime, then we may issue a Service Credit considering such factors at our discretion.

• “Request” means a user request to the Amazon Monitron service as described in the Amazon Monitron documentation.
• “Error” means any Request that returns a 500 or 503 error code.
• “Downtime” means: (i) the total number of users in your Amazon Monitron account that find Amazon Monitron Unavailable during a 5-minute interval divided by (ii) the total number of users in your Amazon Monitron account. We will calculate Downtime for each Amazon Monitron account as a percentage for each 5-minute interval in the monthly billing cycle.
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Downtimes for each 5-minute period in the monthly billing cycle.
• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible Amazon Monitron account.
• “Unavailable” means specifically that a user attempts and, due to one or more Errors, is unable to: (i) commission an Amazon Monitron sensor; (ii) retrieve the measurements that were sent by an Amazon Monitron sensor; or (iii) get alerts on issues identified by Amazon Monitron. If you received an Error during a given 5-minute internal, but during that same interval you received a non-Error response to the same request or a Request of the same type (for example, to commission an Amazon Monitron sensor), that interval is deemed 100% available. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available. The term “Unavailable” excludes all other issues, including any issues resulting directly or indirectly from any Amazon Monitron SLA Exclusions.