This OpenSnow API Service Level Agreement (“SLA”) governs the use of the OpenSnow API under the terms of the OpenSnow Terms of Service (the “TOS”) between OpenSnow (“OpenSnow”, “us” or “we”) and users of the OpenSnow API (“you” or “Customer”). This SLA applies separately to each account using the OpenSnow API. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. OpenSnow reserves the right to change the terms of this SLA in accordance with the TOS.
OpenSnow will use commercially reasonable efforts to make the OpenSnow API available 99.95% of the time. In the event OpenSnow does not meet the goal of 99.95% API availability between August 1 and July 31 (“Yearly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
2.1 “Unavailable Time” means the OpenSnow API is not available for use according to third party performance and monitoring services (Site24x7, the “Monitoring Service”) contracted by OpenSnow at its sole discretion.
2.2 “Yearly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Year in which the OpenSnow API was in a state of “Unavailable Time” as identified by the Monitoring Service.
2.3 A “Service Credit” is a dollar credit, calculated as set forth below, that OpenSnow may credit back to an eligible Customer account.
For the yearly period between August 1 and July 31 where the Uptime Yearly Percentage, as identified by Monitoring Service, OpenSnow, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer’s account a percentage of that year’s billings.
Yearly Uptime Percentage: >99.95%
Service Credit shall be issued to Customer’s OpenSnow balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
OpenSnow will provide a report at the end of the yearly period outlining the total Unavailable Time and the Yearly Uptime Percentage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the OpenSnow API, or any other OpenSnow API performance issues, that (i) are caused by factors outside of OpenSnow’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of OpenSnow or its direct hosting subcontractors (i.e beyond the point in the network where OpenSnow maintains access and control over the OpenSnow Services); (ii) result from any actions or inactions of Customer or any third party (other than OpenSnow’s direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within OpenSnow’s direct control); or (iv) arise from OpenSnow’s suspension and termination of Customer’s right to use the OpenSnow Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available OpenSnow features or products (collectively, the “Exclusions”).
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the OpenSnow Services or other failure by us to provide the OpenSnow Services.