Last updated April 15, 2019
You acknowledge and agree that this SLA applies solely to the Cloud Services and shall not apply in connection to any other service or product offered by TigerGraph. Capitalized terms not defined hereunder shall have the meaning ascribed to them in the Terms.
1.1. “Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which the Software was in the state of “Service Unavailable.” If Customer has been using Software for less than 365 days, Customer’s Service Year is still the preceding 365 days but any days prior to Customer’s use of the service will be deemed to have had 100% Service Availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Software SLA Exclusion (defined below).
1.2. “Error(s)” means any verifiable and reproducible failure of the Service to materially conform to the specifications in the Documentation (“Specifications”) unless such failure (a) results from Customer’s misuse or improper use of the Service; (b) does not materially affect the operation and use of the Service; (c) results from the modification by Customer or any third party of the Service in a fashion not contemplated by the Agreement; (d) results from Customer’s failure to implement in a timely manner any improvements or modifications to the Service provided to Customer; (e) results from Customer’s failure to use minimum system configurations as stated in the documentation; or (f) results from hardware, software, internet access, cloud services and all other systems and infrastructure Customer is responsible to provide for using the Services.
1.3. “Eligible Credit Period” is a single month, and refers to the monthly billing cycle in which the most recent Services Unavailable event in the SLA claim occurred under an Software subscription.
1.4. “Error Correction” means either a modification or addition to or deletion from the Service that materially conforms the Service to TIGERGRAPH’s published specifications, or a procedure or routine that, when observed in the regular operation of the Service, eliminates that material adverse effect on Customer of such Error.
1.5. “Service Credit” is a dollar credit, that TIGERGRAPH may credit back to Customer under a Software subscription.
1.6. “Service Unavailable” means that access to the Service is “Unavailable” to Customer.
1.7. “Service Year” is the preceding 365 days from an SLA claim.
1.8. “Severity 1 Error” means any demonstrable Error in the Service that in a production environment: (a) causes the Service to have a significant loss of utility of intended function; (b) causes data to be lost or destroyed; or renders it Service Unavailable, orof CloudTest or TouchTest only, (d) prevents the Service from being installed or executed on the properly configured environment.
1.9. “Severity 2 Error” means any demonstrable Error in the Service that: (a) causes the Service to operate improperly in a manner which negatively affects the normal course of business for Customer; or (b) produces results materially different from those described in the Specifications but does not rise to the level of a Level 1 Error.
1.10. “Severity 3 Error” means any demonstrable Error in the Service that: (a) causes a function not to execute as documented in the published specifications without a significant loss of utility of intended functionality; or (b) disables one or more nonessential functions.
1.11. “Workaround” means a temporary solution to an Error that TIGERGRAPH has implemented, or enabled Customer to implement and that allows the Service to regain functionality to provide major software functions under the published specifications.
1.12. “Unavailable” means the collection of data points for Customer’s property ceases for a period of over 5 minutes and/or access to the analytic dashboards is restricted for a period of over 5 minutes due to circumstances within TIGERGRAPH’s control, defined in SLA Exclusions.
1.13. “Update” shall have the meaning as provided in the Agreement.
2.1. This SLA shall be effective subject to the full payment of all required fees for the Cloud Services and/or any other payments required under this SLA or Terms.
2.2. Furthermore, and without derogating from the foregoing, it is hereby clarified that this SLA shall only be in effect if the Applicability Terms have been met. Failure to achieve the Applicability Terms shall mean that this SLA is not in effect, in its entirety, and TigerGraph shall not be required to fulfill any of the terms and conditions hereunder.
3.1 TIGERGRAPH will use commercially reasonable efforts to make Software Service available with an Annual Uptime Percentage (defined below) of at least 99% during the Service Year excluding planned maintenance. In the event Software does not meet the Annual Uptime Percentage commitment, Customer will be eligible to receive a Service Credit as described below.
3.2 If the Annual Uptime Percentage for a customer drops below 99% for the Service Year, that customer is eligible to receive a Service Credit equal to 2% of ratable monthly service fee for the Eligible Credit Period. To file a claim, a customer does not have to have wait 365 days from the day they used the service or 365 days from their last successful claim. A customer can file a claim any time their Annual Uptime Percentage over the trailing 365 days drops below 99% to a maximum of 10% of an annual service credit.
3.3 TIGERGRAPH will apply any Service Credits first against future payments otherwise due from Customer. Service Credits shall only entitle Customer to a refund for a prepaid Subscription Period. A Service Credit will apply and issued only if the credit amount for the 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, Customer’s sole and exclusive remedy for any unavailability or non-performance of Software or other failure by us to provide Software is the receipt of a Service Credit (if eligible) under the terms of this SLA.
4.1 To receive a Service Credit, Customer must submit a request by sending an e-mail message to Tigergraph-sla-request @Tigergraph.com. To be eligible, the credit request must (i) include Customer’s account name in the subject of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident of Service Unavailable that Customer claims to have experienced; (iii) include Customer’s server request logs that document the errors and corroborate Customer’s claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and (iv) be received by us within thirty (30) business days of the last reported incident in the SLA claim. If the Annual Uptime Percentage of such request is confirmed by us and is less than 99% for the Service Year, then TIGERGRAPH will issue the Service Credit to Customer within one billing cycle following the month in which the request occurred. TIGERGRAPH’s system logs and other records shall be determinative for verifying service level metrics. Customer’s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit,
5.1 The Service Commitment does not apply to any unavailability, suspension or termination of Software or any other Software performance issues: (i) caused by factors outside of TIGERGRAPH’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Software; (ii) that result from any actions or inactions of Customer or any third party; (iii) that result from Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within TIGERGRAPH’s direct control); (iv) that result from failures of individual instances not attributable to Service Unavailability; or (v) arising from TIGERGRAPH’s suspension and termination of Customer’s right to use Software under the Agreement (collectively, the “Software SLA Exclusions”). If availability is affected by factors other than those explicitly listed in this agreement, TIGERGRAPH may issue a Service Credit considering such factors in TIGERGRAPH’s sole discretion.