Legal:MaxCompute Service Level Agreement

This Alibaba Cloud International Website MaxCompute Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website MaxCompute (“Service”) and your use of the Service is subjected to the terms and conditions of the Alibaba Cloud International Website Product Terms of Service (“Product Terms”) between the relevant Alibaba Cloud entity described in the Product Terms (“Alibaba Cloud”, “us”, or “we”) and you. This SLA only applies to your purchase and use of the Services for a fee, and shall not apply to any free Services or trial Services provided by us.

1. SCOPE AND DEFINITIONS

1.1 “Service Cycle” means a calendar month.

1.2 “Service Cycle in Minutes” means the total number of minutes in a Service Cycle calculated by reference to the following formula:

Service Cycle in Minutes = Total number of days in a Service Cycle × 24 hours × 60 minutes

1.3 "Valid Requests" means the requests for computing services that are received by the MaxCompute server within an Alibaba Cloud account and the requests for data transfer that conform to the Back-off Requirements and whose status codes are valid status codes.

1.4 "Failed Requests" means the Valid Requests whose status codes are 500 or whose error codes are "ODPS-0010000: System internal error" due to the system errors of MaxCompute.

1.5 "Repeated Requests" means the requests with the same URL that are sent from the same client IP address to the MaxCompute server on the same Alibaba Cloud account within 5 minutes. If the URI and URI Parameter parameters of two requests are set to the same values, the two requests have the same URL.

1.6 "Error Rate per 5 Minutes" means the Error Rate of a service item that is calculated at 5-minute intervals by reference to the following formula:

Error Rate per 5 Minutes = (Number of Failed Requests per 5 minutes/Number of Valid Requests per 5 minutes) × 100%

The Error Rate per 5 Minutes is calculated starting at 00:00 each day at 5-minute intervals, such as from 00:00:00 to 00:04:59 or 00:05:00 to 00:09:59. In these cases, the Error Rate per 5 Minutes is calculated 12 times per hour. Repeated Requests do not count toward the Error Rate unless they conform to the Back-off Requirements.

1.7 "Back-off Requirements" means, when an error occurs, the client must wait for a period of time before it sends another request. This period of time is the back-off interval. After the first error occurs, the minimum back-off interval is 1 second. For each consecutive error, the back-off interval increases exponentially, to a maximum of 32 seconds.

1.8 "Downtime" means more than 5% Error Rate per 5 Minutes.

1.9 “Downtime Period” means a 5-minute period during which a service item is unavailable. If a service item is unavailable within 5 minutes, the service item has one Downtime Period.

1.10 “Monthly Uptime Percentage” means a percentage of service availability calculated by reference to the following formula:

Monthly Uptime Percentage = [(Service Cycle in Minutes – Number of Downtime Periods × 5 minutes)/Service Cycle in Minutes] × 100%

If you purchase MaxCompute by using the subscription billing method, the Monthly Uptime Percentage is calculated by level-1 quota. If you purchase MaxCompute by using the pay-as-you-go billing method, the Monthly Uptime Percentage is calculated by project.

1.11 “Exclusions” means any unavailability, suspension, or termination of the Service that is due to any of the following:

(a) suspension or termination described in Clause 8.2 of the Membership Agreement;

(b) events that are outside of our reasonable control, including any events of force majeure such as earthquakes, epidemics, downtime of the relevant submarine communication cables, failure of telecommunications infrastructure or systems, riots, Acts of God, etc.;

(c) events that result from any actions or inactions on your part in connection with your use of the Service;

(d) events that arise out of your or any third parties’ (not under our direct control) equipment, software, and/or technology;

(e) events that result from your failure to adhere to any required configurations for the use of the Service;

(f) events that result from your illegal or unlawful use of the Service, events that result from your breach of any of the terms and conditions of the Alibaba Cloud Product Terms , Terms of Use, or Membership Agreement;

(g) events that result from your non-payment of any charges payable to us;

(h) events that result from critical accidents or failure of the relevant internet service provider(s);

(i) Scheduled Downtime;

(j) Cyberattacks affecting your application availability;

(k) events that result from your failure to retry the service in an appropriate manner after Service Unavailability is detected, or to send more than 10 Valid Requests within 5 minutes due to other reasons;

(l) events that result from unavailability of external services, such as Alibaba Cloud services other than MaxCompute or third-party services from other service providers; and,

(m) events that result from the limits described in the Documentation.

1.12 “Monthly Service Fee” means the total charges paid by you for the Services in one billing month. For the upfront lump sum payment paid by you for the Service, Monthly Service Fee equals to the lump sum payment divided by the number of months of the Service covered by such payment.

1.13 “Scheduled Downtime” means the periods of Downtime relating to network, hardware, or service maintenance or upgrades. We will use reasonable commercial endeavors to provide written notice to you prior to the commencement of Scheduled Downtime.

1.14 “Service Credit” means the percentage of the Monthly Service Fee for the affected Service that is credited to you for a validated claim following our service credit claim process under Section 3.

1.15 “Service Guarantee” shall have the meaning set forth in Section 2 of this SLA.

2. SERVICE LEVEL AGREEMENT

We shall use commercially reasonable endeavors to provide a Monthly Uptime Percentage of no less than 99.9% each billing month in connection with your use of the Service (the “Service Guarantee”). If we fail to meet the Service Guarantee then, subject to the terms and conditions of this SLA, you shall be entitled to claim a Service Credit in accordance with Section 3 herein. The Service Guarantee does not apply to any events described in the Exclusions.

3. CLAIMS AND PAYMENT PROCESS

3.1 If you believe that the Service Guarantee in connection with your use of the Service is not met in any billing month, then you may file a claim for Service Credit in accordance with this Clause 3.1. Your claim must include at least the following information:

(a) A detailed description of the incident, including the logs or messages for request failure documenting the errors and claimed outage;

(b) The date, time and duration of the Downtime;

(c) Information relating the affected projects, including the affected project IDs; and

(d) Any other information that we reasonably ask you to provide to support your claim.

3.2 Your claim for a Service Credit must be received by us within thirty (30) days after the last day of the billing month of occurrence of the event giving rise to the claim. Your failure to submit the claim within this time will be deemed to be an irrevocable waiver of your right to claim and receive such Service Credit. Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the Service Guarantee has been breached and if so, the cause of the failure. We will make a good faith determination if a Service Credit is to be provided to you in our sole discretion and will inform you the result as soon as reasonably practicable. We will use commercially reasonable effort to process your claim and provide the Service Credit to you as early as possible.

3.3 If we, after our good faith review of your claim, determine that a Service Credit must be provided to you, the Service Credit to be provided will be the following:

3.4 Subject to Clauses 3.1, 3.2, and 3.3, the Service Credit shall apply to set-off the fees payable by you for the Service only. The Service Credit shall not be used or applied to set-off the fees for the other Alibaba Cloud services, unless otherwise stated to you in writing by us from time to time.

3.5 The Service Credit provided in any billing month for a particular Service or Service resource will not, under any circumstance, exceed 100% of your Monthly Service Fee for that affected Service or Service resource, as applicable, in the billing month.

3.6 The Service Credit provided to you must be used within six (6) months from the date the Service Credit is made available for you to use.

3.7 You agree that any decision or determination made by us relating to your claim for any Service Credit shall be final and binding on you.

4.ADDITIONAL TERMS

4.1 In the event of any inconsistency between yours and our system records relating to your claim, unless the discrepancy is caused by any material error or malfunction of our system, our system record shall at all times prevail and be the final and conclusive reference for calculating the Service Credits to be provided to you.

4.2 The Service Credits provided in this SLA are your sole and exclusive remedy for any failure in the performance of the Service and we shall not be liable to the you or any person claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise.

4.3 We reserve the right to change the terms of this SLA anytime by posting an amended and restated version of this SLA on the Alibaba Cloud International Website. Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA.

4.4 This SLA shall constitute part of your agreement for your purchase and use of the Service.

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