SERVICE LEVEL AGREEMENT “SLA”
Service commitment for system uptime
Improbable will use commercially reasonable efforts to make the SpatialOS platform available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the “Service Commitment”). In the event that the platform does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. You will not be eligible for Service Credits: (i) in billing cycles in which you are using SpatialOS Credits; (ii) in any billing cycle in which you become in arrears to Improbable, up until the point in time where such late payment is corrected by you; and/or (iii) where you are on any free tier of SpatialOS pricing.
Please contact us to discuss SLAs for the running of deployments when games are live, which will depend on the specific requirements of the game.
The following definitions apply:
- “Clusters” are separate sets of machines that a customer can use to create a Deployment or conduct development or operational tasks in a particular Region. Clusters are separated (e.g. USEast-1 and USEast-2) so that if one Cluster in a Region fails a customer can utilize another Cluster in the Region.
- “Deployment” means an instance of SpatialOS machines operating together to run a single game world.
- “Downtime” means a period of time in which there are no available Clusters within a supported Region on which you can create a Deployment or conduct development or operational tasks, except where that lack of availability is caused by (a) external products or services which Improbable is not responsible for (including but not limited to Steam and Google Play); (b) is a result of downtime scheduled in advance by Improbable; and/or (c) results from a failure to use SpatialOS in accordance with any applicable terms.
- “Monthly Uptime Percentage” means the total number of minutes in a billing cycle, minus the number of minutes of Downtime suffered from all Downtime aggregated across a billing cycle, divided by the total number of minutes in a billing cycle.
- “Region” means a geographic area in which a customer can create a SpatialOS Deployment, for example USEast, EUWest.
- “SpatialOS Credit(s)” are dollar credits given to the customer by Improbable to pay for SpatialOS usage. These are different to the Service Credits defined below.
“Service Credit(s)” are dollar credits, calculated as a percentage of the total charges paid by you for SpatialOS Deployments in that Region for the billing cycle in which the Downtime occurred in accordance with the schedule below:
Monthly Uptime Percentage Service Credit Percentage Less than 99.9% 10% Less than 99% 20% Less than 95% 30%
Customer Must Request Service Credits
In order to receive any of the Service Credits described above, customers must notify their account manager within ten working days from the time the customer becomes eligible to receive a Service Credit. Customers must also provide proof of the Downtime through server and client logs and/or metrics. If the customer does not comply with these requirements, the customer will forfeit its right to receive a Service Credit. If a dispute arises with respect to this SLA, Improbable will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information, which Improbable will make available for auditing by the Customer at the Customer’s reasonable request. This SLA applies only in supported regions and is subject to amendment and to any specific terms and conditions agreed with particular customers.