p>This GraphGrid GDS Service Level Agreement (“SLA“) is a policy governing the use of the GraphGrid Graph Database Service (“GraphGrid GDS“) under the terms of the GraphGrid Customer Agreement (the “GraphGrid Agreement“) between GraphGrid, Inc. and its affiliates (“GraphGrid“, “us” or “we”) and users of GraphGrid’s services (“you“). This SLA applies separately to each account using GraphGrid GDS. Unless otherwise provided herein, this SLA is subject to the terms of the GraphGrid Agreement and capitalized terms will have the meaning specified in the GraphGrid Agreement. We reserve the right to change the terms of this SLA in accordance with the GraphGrid Agreement.

Service Commitment

GraphGrid will use commercially reasonable efforts to make Multi-AZ instances available with a Monthly Uptime Percentage (defined below) of at least 99.95% during any monthly billing cycle (the “Service Commitment”). In the event GraphGrid GDS does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.

Definitions

·       “Monthly Uptime Percentage” for a given Multi-AZ instance is calculated by subtracting from 100% the percentage of one (1) minute periods during the monthly billing cycle in which the Multi-AZ instance was “Unavailable”. If you have been running that Multi-AZ instance for only part of the month, your Multi-AZ instance is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any GraphGrid GDS SLA Exclusion (defined below).

·       “Multi-AZ instance” means a GraphGrid GDS for Neo4j database instance with Multi-AZ enabled by having a distribution across at least two (2) AZs within the Region, with the mode set to HA_CAUSAL and an instance count greater or equal to three (3) instances.

·       “Unavailable” means that all connection requests to the running Multi-AZ instance fail during a one (1) minute period.

·       A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

Service Credits

Service Credits are calculated as a percentage of the charges paid by you for the Multi-AZ instances that did not meet the Monthly Uptime Percentage commitment in a billing cycle in accordance with the schedule below.

We will apply any Service Credits only against future GraphGrid GDS 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 unavailability occurred. Service Credits will not entitle you to any refund or other payment from GraphGrid. 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 GraphGrid Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide GraphGrid GDS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you will need to submit a claim to claims@graphgrid.com. 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:

i. the words “SLA Credit Request” in the subject line;

ii. the dates and times of each Unavailability incident you are claiming;

iii. the Resource IDs and the Regions of the affected Multi-AZ instances; and

iv. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

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 the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

GraphGrid GDS SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of GraphGrid GDS, or any other GraphGrid GDS performance issues:

(i) that result from a suspension described in Section 6.1 of the GraphGrid Agreement;

(ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of GraphGrid GDS;

(iii) that result from any voluntary actions or inactions from you or any third party (e.g., rebooting a database instance, scaling compute capacity, not scaling storage when the storage is full, misconfiguring security settings, VPC configurations or credential settings, disabling encryption, etc.);

(iv) that result from instances belonging to the Micro DB instance class or other instance classes which have similar CPU and memory resource limitations;

(v) that result from you not following the basic operational guidelines described in the GraphGrid GDS Operational Guidelines (e.g., overloading a database instance to the point it is inoperable, creating excessively large number of nodes, relationships or dense super nodes that significantly increase the recovery time etc.);

(vi) caused by underlying database engine software that lead to repeated database crashes or an inoperable database instance;

(vii) that result in long recovery time due to insufficient IO capacity for your database workload;

(viii) 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); or

(ix) that result from any maintenance as provided for pursuant to the GraphGrid Agreement; or

(x) arising from our suspension and termination of your right to use GraphGrid GDS in accordance with the GraphGrid Agreement (collectively, the “GraphGrid GDS SLA Exclusions“).

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.