SLA

Service Level Agreement for XYZ Online Services

Last Revised: [5/5/2022]

This Service Level Agreement (this “SLA”) for XYZ Online Services is a policy governing the use of the Included Services (listed below) and applies separately to each account using the Included Services. In the event of a conflict between the terms of this SLA and the terms of the XYZ Online Subscription 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. You can review the most current version of this SLA at any time by visiting https://www.XYZblox.com/sla.

1. Included Services

• i. Managed Blockchain Node
• ii. Managed Database Node
• iii. Shared Solution Platform

2. General Service Commitment

XYZ will use commercially reasonable efforts to make the Included Services each available for each XYZ region with a Monthly Uptime Percentage of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

3. Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for the individual Included Service in the affected XYZ region for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.

We will apply any Service Credits only against future payments for the applicable Included Service otherwise due from you. Service Credits will not entitle you to any refund or other payment from XYZ. 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.

If you purchased Services as part of a suite or other single offer, the Applicable Monthly Service Fees and Service Credit for each Service will be pro-rated.

If you purchased a Service from a reseller, you will receive a service credit directly from your reseller and the reseller will receive a Service Credit directly from us. The Service Credit will be based on the estimated retail price for the applicable Service, as determined by us in our reasonable discretion.

4. Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the XYZ 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 dates, times, and affected XYZ region of each Unavailability incident that you are claiming;
3. the resource IDs for the affected Included Service ; 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 your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and XYZ’ sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide the Included Services.

5. XYZ SLA Exclusions

The Service Commitment and Hourly Commitment do not apply to any unavailability, suspension or termination an Included Service, or any other Included Service performance issues:

1. Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
2. That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
3. That results from failures in a single XYZ Datacenter location, when your network connectivity is explicitly dependent on that location in a non-geo-resilient manner;
4. Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
5. During or with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us) or to purchases made using XYZ subscription credits;
6. That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
7. That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
8. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
9. That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
10. For licenses reserved, but not paid for, at the time of the Incident; or
11. Arising from our suspension or termination of your right to use the applicable Included Service in accordance with the Agreement (collectively, the “XYZ 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.

6. Definitions

“Availability Zone” and “AZ” mean an isolated location within an XYZ network region identified by a letter identifier following the XYZ region code (e.g., us, ca, eu).

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Included Services, as applicable, was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any XYZ SLA Exclusion.

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

“External Connectivity” is bi-directional network traffic over supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.

“Incident” means (i) any single event, or (ii) any set of events, that result in Downtime.

“Management Portal” means the web interface, provided by XYZ, through which customers may manage the Service.

“Scheduled Downtime” means periods of Downtime related to network, hardware, or Service maintenance or upgrades. We will publish notice or notify you at least five (3) days prior to the commencement of such Downtime.

“Unavailable” and “Unavailability” mean:

For Single Blockchain Node Instances, when your Single Blockchain Node Instance has no external connectivity.

For Single Database Node Instances, when your Single Database Node Instance has no external connectivity.