Amazon Application Recovery Controller Service Level Agreement

This Amazon Application Recovery Controller Service Level Agreement (“SLA”) is a policy governing the use of Application Recovery Controller and applies separately to each account using Amazon Application Recovery Controller. 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 each Amazon Application Recovery Controller Cluster available with a Monthly Uptime Percentage of 100% during any monthly billing cycle (the "Service Commitment"). In the event an Amazon Application Recovery Controller Cluster 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 Amazon Application Recovery Controller Cluster 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 Amazon  Application Recovery Controller 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 Application Recovery Controller 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, times, and affected Amazon Application Recovery Controller Cluster 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 the request was received. 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 Application Recovery Controller or any other Amazon Application Recovery Controller 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 Application Recovery Controller; (ii) that result from any actions or inactions by you or any third party, (iii) that result from your failure to follow the guidelines and best practices described in the Amazon Application Recovery Controller 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); (v) arising from our suspension or termination of your right to use Amazon Application Recovery Controller in accordance with the Agreement; or (vi) with respect to Routing Control updates, that occur during a period in which you were not continuously attempting to make API calls against all endpoints in your Cluster (for example, https://host*.ap-northeast-1.cluster.route53-recovery-cluster.amazonaws.com/v1, https://host*.ap-southeast-2.cluster.route53-recovery-cluster.amazonaws.com/v1, https://host*.eu-west-1.cluster.route53-recovery-cluster.amazonaws.com/v1, https://host*.us-west-2.cluster.route53-recovery-cluster.amazonaws.com/v1, and https://host*.us-east-1.cluster.route53-recovery-cluster.amazonaws.com/v1) (collectively, the “Amazon Application Recovery Controller 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 Zone” and “AZ” mean an isolated location within an AWS region identified by a letter identifier following the AWS region code (e.g., us-west-1a).
• A “Cluster” is a set of redundant regional endpoints against which you can execute API calls to update or get the state of one or more Routing Controls.
• A “Routing Control” is a switch that enables you to control whether application traffic is routed to a particular AWS region or Availability Zone.
• “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which a Cluster was in a state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Amazon Application Recovery Controller 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 valid API calls made continuously to all endpoints in a Cluster throughout a minute fail to result in a 2xx success code. If valid API calls are not attempted continuously against all endpoints in a Cluster during a minute, or if no API calls are made against a Cluster endpoint during the minute, the Cluster is considered available during that minute.