AWS Wickr Service Level Agreement

This AWS Wickr Service Level Agreement (“SLA”) is a policy governing the use of AWS Wickr and applies separately to each account using AWS Wickr. 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 AWS Wickr available with the Monthly Uptime Percentage in each AWS region where AWS Wickr is available, during any monthly billing cycle, of at least 99.9% (the “Service Commitment”). In the event AWS Wickr 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 AWS Wickr in the affected AWS region for the monthly billing cycle in which the Monthly Uptime Percentage falls within the ranges specified in the table below:

We will apply any Service Credits only against future AWS Wickr 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 AWS Wickr 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 “AWS Wickr SLA Credit Request” in the subject line, and
   
2. the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability in that AWS region throughout the billing cycle.

If the Monthly Uptime Percentage applicable to the month 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 credit 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 AWS Wickr, or any other AWS Wickr 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 AWS Wickr; (ii) that result from any actions or inactions of you; (iii) that result from failure to follow the guidelines or to use the service within the limitations described in the AWS Wickr documentation on the AWS Site; (iv) that result from your equipment, software or other technology; (v) caused by AWS Wickr Data Retention and/or Wickr Open Access (WOA) services, if configured; (vi) caused by Wickr’s Global Federation with non-AWS Wickr services (i.e. Wickr Enterprise deployments); or (vii) arising from our suspension or termination of your right to use AWS Wickr in accordance with the Agreement (collectively, the “AWS Wickr SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Monthly Uptime Percentage, 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 AWS Wickr administrative function public APIs that do not fail. If no Requests are made within a given 5-minute interval, that interval is assumed to be 100% available.
• “Monthly Uptime Percentage” for a given AWS region is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage excludes downtime resulting directly or indirectly from any Wickr SLA Exclusion.
• “Request” is defined as an AWS Wickr API call made to perform an administrative user function in the AWS Wickr Admin Console.
• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible AWS Account.