InfluxDB Cloud 2.0 Service Level Agreement

Service Level Agreement

This document (the “Service Level Agreement”) contains InfluxData’s service levels for the InfluxDB Cloud 2.0 Service (the “Service”) provided by InfluxData to customers on an annual pre-pay Services subscription plan (as described in Section 4.1(B) of the Agreement) pursuant to a Sales Order and the InfluxDB Cloud 2.0 Services Subscription Agreement (the “Agreement”) under which Customer acquires its rights to use the Service. For clarity, this Service Level Commitment does not apply to, and customers shall not be eligible to request Service Level Credits in respect of, pay-as-you-go Services subscription plans (as described in Section 4.1(A) of the Agreement). InfluxData agrees to undertake the obligations set forth in this Service Level Commitment beginning on the Effective Date set forth above, and InfluxData shall have no obligation to Customer with respect to this Service Level Commitment prior to the Effective Date.

1. Definitions

Except as otherwise expressly defined in this Service Level Commitment, capitalized terms have the meanings ascribed to them in the Agreement. For the purposes of this Service Level Commitment, the following capitalized words and phrases are ascribed the following meanings:

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

“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” is defined as the total accumulated minutes when the Service is Unavailable in a given calendar month.

2. Service Level

1. Committed Service Level.
   1. During each calendar month of the Term of the Agreement, InfluxData will provide and maintain a Monthly Availability Percentage of 99.9% with respect to the Service, subject to the Exclusions set forth in Section 4 below (collectively, “Committed Service Level”).
   2. 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.
2. Multiple Customer Accounts. If Customer has multiple Services accounts (as set forth in the Sales Order), the Monthly Availability Percentage (and, if applicable, Service Level Credit) will be calculated separately for each account.

3. Service Level Credit

1. If the Service fails to meet the Committed Service Level in a given calendar month, Customer shall be eligible to request, as the sole and exclusive remedy, a service level credit (“Service Level Credit”) as provided below and in accordance with Section 4.

   Monthly Availability Percentage	Service Level Credit
   99.9% - 100%	No credit
   99.0% - 99.9%	10%
   95% - 98.99%	25%
   Below 95%	50%

The Service Level Credit will be calculated as a percentage of the total fees and charges incurred by Customer based on Customer’s actual usage of the Services in the calendar month in which the Committed Service Level was not met corresponding to the Monthly Availability Percentage specified in the table above, up to a maximum Service Level Credit per calendar month equal to 50% of the total fees and charges in the aggregate for all Claims (defined below). For clarity, the total fees and charges incurred by Customer based on Customer’s actual usage of the Services in a given calendar month shall be calculated using the following formula: Customer’s actual usage of the Services in the applicable calendar month multiplied by the applicable rates as defined in the Sales Order.

4. Service Credit Claims

1. Eligibility. To be eligible 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 five (5) calendar days following the end of the calendar month in which the Committed Service Level was not met. The Claim must indicate the dates and times the Service was Unavailable and include related logs documenting the Unavailability. Customer is not eligible to receive any Service Level Credits if Customer’s payment obligations are past due or in default or if Customer is otherwise in breach of any material contractual obligations to InfluxData.
2. Calculation of Service Level Credits. InfluxData will process the requests and reserves the right to deny the Service Level Credit if InfluxData determines in its sole discretion that Customer’s Monthly Availability Percentage met or exceeded the Committed Service Level in the applicable calendar month for which Customer submitted the Claim. InfluxData shall calculate the Monthly Availability Percentage in accordance with this Service Level Commitment using InfluxData system logs and other records. The amount of any applicable Service Level Credit will be calculated based on the amounts paid or payable by Customer for the calendar month in which the Committed Service Level was not met.
3. Payment of Service Level Credits. In the event that InfluxData determines Customer is eligible for a Service Level Credit in accordance with this Section 4, such Service Level Credit(s) will be paid by InfluxData to Customer 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 Term, then InfluxData will apply such Service Level Credits to any other fees or expenses payable by Customer to InfluxData. Service Level Credits cannot be exchanged for, or converted to, monetary compensation.
4. Limited Remedy. The right to request Service Level Credits specified in Section 3(a) above is Customer’s sole and exclusive remedy for any failure by InfluxData related to the availability of the Service.

5. Exclusions

A period of Unavailability is excluded from the Committed Service Level, and will not be considered as Unavailable Minutes, if the Unavailability is due to:

• scheduled maintenance or emergency maintenance;
• Customer’s breach of the Agreement;
• Customer’s non-compliance with applicable Documentation or any specifications agreed upon by the parties;
• any unauthorized modification, operation, or use of the Services by Customer or any third party;
• the failure of services, hardware, software, or other equipment or materials provided by Customer or any third party; or
• a force majeure event.

The foregoing shall each constitute an “Exclusion” and collectively, the “Exclusions”.