InfluxDB Cloud 3.0 Dedicated Service Level Description

“Calendar Minutes” means the total number of minutes in the applicable calendar month.

“Downtime” means any period of time in which the Subscription Services are Unavailable.

“Monthly Subscription Services Fees” means the minimum annual commitment Subscription Services fees specified in the applicable Sales Order for the applicable account, pro-rated on a monthly basis.

“Request” means any Customer-initiated read, write, task, or administrative action via the InfluxDB API (as further described in InfluxDB Cloud Documentation).

“Unavailable” means all continuous Requests to the Service in a one-minute interval fail and return a 5xx error code. “Unavailability” has the corresponding meaning.

“Unavailable Minutes” means the total accumulated minutes in the applicable calendar month when the Service is Unavailable.

• During each calendar month of the Subscription Term, InfluxData will provide and maintain a “Monthly Availability Percentage” of at least 99.9% with respect to the Subscription Services (the “Availability Service Level”).
• The “Monthly Availability Percentage” will be calculated on a calendar month basis using the following formula: ([Calendar Minutes less Unavailable Minutes] divided by Calendar Minutes) multiplied by 100.
• Multiple Customer Accounts. If Customer has multiple accounts under a Sales Order, the Monthly Availability Percentage and, if applicable, any “Service Level Credit” (defined below), will be calculated separately for each such account.

• If the Subscription Services fail to meet the Availability Service Level in a given calendar month, then Customer may request a service level credit equal to the percentage of the Monthly Subscription Fees for the month in which the service level failure occurred, corresponding to the Availability Level specified in the “Service Level Credits” table below. (“Service Level Credit”) as provided below and in accordance with Section 4.

• Eligibility. To receive a Service Level Credit, Customer must file a claim for each such Service Level Credit by emailing InfluxData at [email protected] (each, a “Claim”), within ten (10) business days following the end of the calendar month in which the Availability Service Level was not met. If Customer makes a request for a report on their Availability pursuant to such a Service Level Credit inquiry, InfluxData will provide a report of Customer’s Availability in that affected month.
• Calculation of Service Level Credits. InfluxData will determine the Monthly Availability Percentage in accordance with this Service Level Description using InfluxData system logs and other records.
• Payment of Service Level Credits. InfluxData will provide Customer with any Service Level Credits to which Customer is entitled by way of a credit on the next invoice submitted by InfluxData to Customer. If any Service Level Credits are unutilized upon expiration or termination of the Subscription Term, then InfluxData will apply such Service Level Credits to any other fees or expenses payable by Customer to InfluxData. If there are no such other Fees or expenses, then InfluxData will pay Customer the credit amount.
• Termination Rights. If the Monthly Availability Percentage is less than 98.00% in any three calendar months over any consecutive six calendar month period, then Customer may terminate the Subscription Services, by delivery of notice to InfluxData to that effect within 30 days of the last of such failures. If Customer terminates in accordance with the foregoing, then InfluxData will refund to Customer any unutilized Subscription Services fees prepaid to InfluxData for terminated Subscription Services.
• Limited Remedy. The rights to Service Level Credits and the termination rights specified in Section 4(d) above are Customer's sole and exclusive remedy for any failure by InfluxData related to the Unavailability of the InfluxDB Platform. The maximum total credit for failure to meet the Availability Service Level for any given month will not exceed 50% of the Monthly Subscription Services Fees. Service Level Credits that would be available but for these limitations will not be carried forward to future months.

• Scheduled Downtime. If InfluxData believes that scheduled maintenance will result in Downtime, then InfluxData will provide at least 48 hours prior notice and to the extent practicable perform such maintenance from 6:00 p.m. Friday to 3:00 a.m. Monday US Pacific Time (“Scheduled Maintenance”). InfluxData may in addition perform unscheduled emergency maintenance for the security or performance reasons (“Emergency Maintenance”). InfluxData will use commercially reasonable efforts to provide at least 30 minutes prior notification of Emergency Maintenance that InfluxData believes will cause Downtime.
• Exceptions. For purposes of determining periods of Unavailability, no Downtime will accrue for any Unavailability that is due to any of the following: (i) Scheduled Maintenance or Emergency Maintenance; (ii) Customer’s workload exceeding the capacity of the then-current “Configuration” (as defined in the Sales Order), unless Customer has notified InfluxData of the excess workload in reasonable detail at least 3 business days in advance, and not subsequently required InfluxData to reduce the Configuration; (iii) Customer’s non-compliance with the applicable Documentation or any specifications agreed upon in writing by the parties; (iv) any failure of services, hardware, software, or other equipment or materials provided by Customer or any third party service provider of Customer; (v) any Downtime caused by a third party, except to the extent resulting from a breach by InfluxData of its obligations under the Agreement; or (vi) any Force Majeure event.
• Scope. The Service Level commitments apply only to production use of the InfluxDB Platform, and do not apply to any non-production environments, such as staging and testing environments. Customer is not entitled to any Service Level Credit if it is in breach of the Agreement (including Customer’s payment obligations) at the time of the occurrence of the event giving rise to the credit.