AWS HealthOmics Service Level Agreement

This AWS HealthOmics Service Level Agreement (“SLA”) is a policy governing the use of AWS HealthOmics (“HealthOmics”) and applies separately to each account using HealthOmics. In the event of a conflict between the terms of this SLA and the terms of the AWS Customer Agreement or another 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 HealthOmics 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 HealthOmics 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 the affected HealthOmics API for the monthly billing cycle in which the Monthly Uptime Percentage for a given AWS region fell within the ranges set forth in the table below:

We will apply any Service Credits only against future HealthOmics payments otherwise due from you. At our discretion, we may issue the Service Credits to the credit card you used to pay for the billing cycle in which the lack of Availability 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 HealthOmics 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 billing cycle and AWS region(s) with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for that AWS region for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability in that AWS region throughout the billing cycle; and
   
3. 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 HealthOmics , or any other HealthOmics 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 HealthOmics;

(ii) that result from any actions or inactions by you or any third party (e.g. scaling of provisioned capacity, misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.);

(iii) that result from you not following the guidelines and best practices described in the HealthOmics 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 HealthOmics in accordance with the Agreement (collectively, the “HealthOmics 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

• “Availability” is calculated for each 5-minute interval as the percentage of Requests processed by HealthOmics that do not fail with Errors and relate solely to the provisioned HealthOmics functions. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
• An “Error” is any Request that returns an error code in the 5xx range, e.g. 500 or 503.
• “Monthly Uptime Percentage” for a given HealthOmics instance is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any HealthOmics SLA Exclusions.
• “Request” is an invocation of an HealthOmics function/command by directly calling the invoke API or triggered by a supported event source.
• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.