Amazon Nimble Studio Service Level Agreement

Last Updated: 4/28/2021

This Amazon Nimble Studio Service Level Agreement (“SLA”) is a policy governing the use of Amazon Nimble Studio (“Amazon Nimble Studio”) and applies separately to each account using Amazon Nimble Studio. 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.

Service Commitment

AWS will use commercially reasonable efforts to make Amazon Nimble Studio available with a Monthly Uptime Percentage for each AWS region during any monthly billing cycle, as described below (the “Service Commitment”). In the event Amazon Nimble Studio 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, excluding Windows RDS License fees charged, for Amazon Nimble Studio in the affected AWS region for the monthly billing cycle in which the Service Commitment was not met, in accordance with the schedule 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%

30%

Less than 95.0%

100%

We will apply any Service Credits only against future Amazon Nimble Studio 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 Amazon Nimble Studio is the receipt of Service Credits (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. 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, times, and affected AWS region for each Unavailability incident that you are claiming; 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 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.

Amazon Nimble Studio SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension, or termination of Amazon Nimble Studio, or any other Amazon Nimble Studio 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 Nimble Studio; (ii) that result from any actions or inactions by you or any third party, including improper configuration of your image, streaming applications, operating system settings, fleet, identity provider, Active Directory environment, VPC, or DNS; (iii) that result from you not following the guidelines and best practices described in the Amazon Nimble Studio Documentation on the AWS Site; (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); or (v) arising from our suspension or termination of your right to use Amazon Nimble Studio in accordance with the Agreement (collectively, the “Amazon Nimble Studio 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.

Definitions

  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Amazon Nimble Studio was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Amazon Nimble Studio SLA Exclusion.
  • A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
  • “Unavailable” and “Unavailability” means during a given minute if all continuous attempts to connect to the Workstation Instance throughout the minute are unsuccessful. If there are no attempts to connect to the Workstation Instance during the minute, the Workstation Instance is considered available during the minute.
  • A “Workstation Instance” is an EC2 instance managed and provided by Amazon Nimble Studio for content creation tasks.