This Service Level Agreement (“SLA”) is a policy governing the use of LTIAAS's API Services and applies separately to each account using these services. In the event of a conflict between the terms of this SLA and the Terms of Service or other agreement with us governing your use of our API 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.
GATHERACT LLC, the parent company of LTIAAS, will use commercially reasonable efforts to make services available with a Monthly Uptime Percentage of at least 99.95% for each region the API Services are hosted, during any monthly billing cycle (the “Service Commitment”). In the event that the API Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you for the API Services in the affected region for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:
|Monthly Uptime Percentage||Service Credit Percentage|
|Less than 99.95% but greater than or equal to 99.0%||10%|
|Less than 99.0% but greater than or equal to 95.0%||25%|
|Less than 95.0%||100%|
We will apply any Service Credits only against future API Services payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Service Commitment was not met. Service Credits will not entitle you to any refund or other payment from GATHERACT LLC. 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. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the API Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by emailing firstname.lastname@example.org. 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:
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.
The Service Commitment does not apply to any unavailability, suspension or termination of the API Services, or any other API Services performance issues: (i) caused by factors outside of our reasonable control including any force majeure event or Internet access or related problems beyond the demarcation point of the API Services; (ii) that result from any voluntary actions or inactions by you or any third party (e.g., scaling of provisioned capacity, misconfiguration of authentication tokens, timeouts related to slow 3rd party connections, etc.); (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from you not following the best practices described in the Developer Guides on the LTIAAS WebSite; or (v) arising from our suspension or termination of your right to use any API Services in accordance with the Agreement (collectively, the “API Services 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.
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