Service Level Agreement

Tessell is committed to providing a fault-resilient database service with automatic recovery and self-healing capabilities. Tessell's automated management software and skilled personnel are monitoring and managing all Database Services and will react to system failures, updates, critical security patches, and other anomalies to minimize their impact on the Database Services' availability or performance.

Tessell will provide the Database Services with a Monthly Uptime Percentage of at least 99.99% during a calendar month ("Service Level Objective" or "SLO"). In the event Tessell does not meet the SLO, the Customer will be eligible to receive Service Credits as described below. This Tessell Service Level Agreement ("SLA") states the Customer's sole and exclusive remedy for any failure by Tessell to meet the SLO.

Definitions

"Critical Bug" means a software bug that could potentially cause a severe negative impact on the service, such as customer service data corruption or unavailability of the primary functions of the service.

"Security Update" means a fix to a known security vulnerability that could be used to compromise the service level provided, work around the service access controls, or in another way negatively affect the service.

"Downtime" means a period of time when the Database Services have no external connectivity. If you have been running the database service for only part of the month, your database service is assumed to be 100% available for the portion of the month that it was not running.

"Downtime Period" means a period of one or more consecutive minutes of Downtime. Partial minutes or intermittent Downtime for a period of less than one minute will not be counted as any Downtime Periods.

"Monthly Uptime Percentage" means the total number of minutes in a calendar month, minus the aggregate number of minutes of Downtime of all Downtime Periods taking place during the month, divided by the total number of minutes in the month.

"Periodic Maintenance Update" means the maintenance updates applied to the Database Service during a maintenance window. Tessell shall inform the Customer of any Periodic Maintenance Updates at least seven (7) days in advance and will use its reasonable efforts to minimize the impact on the Database Services. Periodic Maintenance Updates do not typically cause any noticeable impact on the Database Services but may sometimes cause a short period of lower service performance or Downtime which shall not exceed 1 hour.

Service Credits

If the Downtime is caused by a failure in Tessell's software or operations, the Database Services are provided with Service Credits covering ten (10) times the amount of the Downtime Period that exceeds the amount of the Downtime Period allowed by the SLO. The amount of the Service Credits provided to the Customer for Downtime Periods having taken place during a calendar month may not exceed in the aggregate the value of the fees charged to the Customer for the same Database Services during the three (3) preceding calendar months.

All Downtime Periods and applicable free Service Credits are calculated by Tessell. If a dispute arises with respect to the amount of the Service Credits to be provided to the Customer, Tessell will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information, which Tessell will make available for auditing by the Customer at the Customer's request.

The Service Credits will be provided in the form of a credit applied to future use of the Database Services and will be applied to the use of the Database Services taking place within ninety (90) days of the provision of the Service Credit, after which period any unused Service Credits shall expire without any further compensation. The Service Credits may not be transferred or exchanged for cash or other forms of payment.

Exemptions

The Downtime caused by the following events shall not be taken into account when calculating the Monthly Uptime Percentage:

1. Caused by factors outside of Tessell's reasonable control, including any force majeure event and hostile actions by third parties such as denial-of-service attacks;
2. Downtime caused by the use of Beta Services and/or Beta Features;
3. Periodic Maintenance Updates, which shall not occur more often than once (1) per calendar month;
4. Critical Bug fixes and Security Updates;
5. Customer-generated service system load (network requests, client queries, storage usage) that exceeds the resource-based capabilities (network traffic, CPU usage, memory usage, disk usage) of the given service plan level; and
6. Failures or termination of the virtual machines or related services by subcontractors or Subprocessors used by Tessell to implement the Database Services.
7. Failures caused by underlying database engine software that lead to repeated database crashes or an inoperable database service.