Enterprise SLA
Exhibit A
SERVICE LEVEL AGREEMENT
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.
1. Definitions.
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.
2. Service Level Warranty.
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:
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Uptime
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Days Credited
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< 99.0% - ≥97.0%
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3
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< 97.0% - ≥ 94.0%
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7
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< 94.0%
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15
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3. Customer Must Request Service Credit.
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.
4. Maximum Service Credit.
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.
5. Exclusions.
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.
6. Exclusive Remedy.
This SLA sets forth Customer’s sole and exclusive remedy for any failure by LocalStack to meet the Service Level Warranty.
7. Chronic Failure & Termination Right.
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.
Exhibit B
SUPPORT SERVICES SCHEDULE
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.
1. Definitions.
“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.
2. General.
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).
3. Contacts.
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.
4. Service & Software Support Priority Levels and Timeframes.
- Priority Determination by LocalStack. LocalStack will establish the Priority Level of an Error and the corresponding Support case in its sole discretion and will use its best efforts to adhere to the Response Times and Resolution Times set forth in the tables below for the Service and Software. If an Error is not addressed within the Resolution Time set forth in the tables below, LocalStack will commence an Escalation.
- LocalStack Web Application and API Server Service Support / Priority Levels & Timeframes. The following Priorities, Response and Resolution Times apply to the LocalStack Web Application and LocalStack API Server aspects of the Service only. Response Times and Resolution Times are calculated from the Start Time.
- LocalStack Pro Software Support. The following Priorities, Response and Resolution Times apply to the LocalStack Pro Software only.
5. Conditions, Exclusions, and Termination.
- Conditions. LocalStack’s obligation to provide Support is conditioned upon the following: (i) Customer makes reasonable efforts to solve the Error after consulting with LocalStack; (ii) Customer provides LocalStack with sufficient information and resources to correct the Error, as well as any and all assistance reasonably requested by LocalStack; and (iii) Customer procures, installs, and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to access and operate the Service.
- Exclusions. LocalStack is not obligated to provide Support in the following situations: (i) the problem is caused by Customer’s negligence, hardware malfunction, or other causes beyond the reasonable control of LocalStack; (ii) the problem is caused by Customer’s excessive use of the Service and/or Software contrary to the specifications set forth in the Documentation that causes damage to, or adversely affects, server or network capacity or Service infrastructure (e.g., ; (iii) the problem is with third party software not licensed through LocalStack; or (iv) Customer fails to pay any amount that is payable to LocalStack within the timeframe for payment specified in the MSA.
- Termination. LocalStack reserves the right to conclude its performance of a Support case when, in its reasonable discretion, LocalStack determines that it has provided a satisfactory resolution or workaround to the Error.
- Chronic Failure & Termination Right. Customer shall have the right to terminate the Agreement upon notice to LocalStack in the event LocalStack fails to substantially comply with these Support Terms as follows: (a) with respect to Priority 1 Errors, on two (2) or more separate occasions; or (b) with respect to Priority 2, 3, or 4 Errors, substantially comply on three (3) or more separate occasions where Customer reasonably determines that such failure to comply has materially impacted the Services.
