This “Service Level Agreement” (or “SLA”) is made a part of and incorporated by reference into the Order Form and MSA between LocalStack and Customer.
For purposes of this SLA, the following terms have the meaning ascribed to each term below:
“Downtime” means if Customer is unable to access the Service by means of a web browser and/or API as a result of failure(s) in the Service architecture, as confirmed by LocalStack but excluding Excused Downtime.
“Emergency Downtime” means such time as the Service is offline due to a short-term emergency condition.
“Excused Downtime” means any downtime that is Maintenance Downtime or Emergency Downtime.
“Maintenance Downtime” means such time as the Service is offline for maintenance or backup purposes, provided that the incident is scheduled with Customer at least twenty-four (24) hours in advance and such notice will be delivered via the Service Status Page (defined below).
“Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
“Service Credit” means the number of days that LocalStack will add to the end of the Term, at no charge to Customer.
During the Term, the Service will be operational and available to Customer at least 99.0% of the time in any calendar month (“Service Level Warranty”). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month, and if Customer meets its obligations under this Agreement, then Customer will be eligible to receive Service Credit as follows:
|
Uptime |
Days Credited |
|---|---|
|
< 99.0% - ≥97.0% |
3 |
|
< 97.0% - ≥ 94.0% |
7 |
|
< 94.0% |
15 |
Customer may monitor the Service Monthly Uptime Percentage via LocalStack’s “Service Status Page” located here: https://localstack.statuspage.io/. In order to receive Service Credit, Customer must notify LocalStack within 30 days from the time Customer becomes eligible to receive a Service Credit under the terms of this Agreement. Failure to comply with this requirement will forfeit Customer’s right to receive Service Credit. LocalStack will establish whether a Service Level Warranty failure has occurred and whether any Credit is due in its sole discretion.
The aggregate maximum amount of Service Credit to be issued by LocalStack to Customer for all Downtime that occurs in a single calendar month will not exceed 15 days. Service Credit may not be exchanged for, or converted into, monetary amounts.
The Service Level Warranty does not apply to any performance issues that: (i) are caused by riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, earthquakes, or any other causes that are beyond LocalStack’s reasonable control so long as LocalStack uses commercially reasonable efforts to mitigate the effects of such force majeure; (ii) resulted from any aspect of the Customer Environment or third-party equipment, applications or services (e.g. Customer’s internet connection), or both; or (iii) resulted from Customer’s violation of the Agreement.
This SLA sets forth Customer’s sole and exclusive remedy for any failure by LocalStack to meet the Service Level Warranty.
Customer shall have the right to terminate the Agreement upon notice to LocalStack in the event LocalStack fails to substantially comply with the Service Level Warranty as follows: (a) if the Service Level Warranty is not met on two (2) or more separate occasions in a 1 month period; or (b) if the Service Level Warranty is not met on three (3) or more separate occasions in a 6 month period.
This Support Services Schedule to the Order Form is made a part of and incorporated by reference into the MSA between LocalStack and Customer and sets forth the terms on which LocalStack provides technical support (“Support”) to Customer (“Support Terms”) for the Service.
“Error” means a failure of the Service or Software to conform to the published specifications, resulting in the inability to use, or material restriction in the use of, the Service or Software.
“Escalation” means the process by which LocalStack will work continuously, and at multiple levels of its organization, to resolve an Error if not resolved within the specified Resolution Times set forth in the tables below.
“Start Time” means the time at which LocalStack first becomes aware of an Error during LocalStack’s regular business hours, following initiation of a Support case by Customer in accordance with Sections 2 and 3, below.
During a Subscription Term, LocalStack will provide the Support described in these Support Terms. LocalStack provides Support during normal business hours (9am – 5pm, EU time, Monday - Friday).
Customer may initiate a Support case, with an authenticated Authorized User email address, by emailing support@localstack.cloud or opening a ticket via LocalStack’s ticketing portal (located here: https://support.localstack.cloud). Customer may initiate an unlimited number of Support cases.
