Amazon ECS Anywhere Service Level Agreement

This Amazon ECS Anywhere Service Level Agreement ("SLA") is a policy governing the use of Amazon Elastic Container Service Anywhere (“Amazon ECS Anywhere”) and applies separately to each account using Amazon ECS Anywhere. 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 ECS Anywhere 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 Amazon ECS Anywhere 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 ECS Anywhere in the applicable AWS region 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 ECS Anywhere 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. Service Credits 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 or non-performance or other failure by us to provide Amazon ECS Anywhere 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, AWS Regions, and the dates and times of each Monthly Uptime Percentage and Unavailability incident you are claiming;
3. the affected Requests and External Instance-id; and
4. 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 Amazon ECS Anywhere, or any other Amazon ECS Anywhere 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 ECS Anywhere; (ii) that result from any voluntary actions or inactions by you (e.g., restarting an instance, updating an instance, updating instance configuration, disabling security groups, changing or misconfiguration of VPC settings, etc.); (iii) caused by open source orchestration software that leads to repeated ECS Anywhere Instance crashes or an inoperable ECS Anywhere Instance; (iv) that result from your equipment, software or other technology; or (v) arising from our suspension or termination of your right to use Amazon ECS in accordance with the Agreement (collectively, the "Amazon ECS Anywhere 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.

• An “Error” is any Request that returns a 500 or 503 error code, as described in Amazon ECS Common Errors on the AWS Site.

• “Unavailability” is calculated for each 5-minute interval as the percentage of Requests processed by Amazon ECS Anywhere that fail with an Error. If you did not make any Requests in a given 5-minute interval, that interval is deemed to be 100% available.

• “Monthly Uptime Percentage” for a given AWS Region is calculated by subtracting from 100% the average of the Unavailability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Amazon ECS Anywhere SLA Exclusion (as defined above).

• A “Request” is a customer-initiated action to Amazon ECS Anywhere by directly calling RunTask, StartTask, CreateService, or UpdateService, as listed in the API Reference Guide. For the avoidance of doubt, calls to other actions do not count as Requests and are not eligible for Service Credits.

• A "Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.