Legal：ApsaraDB for OceanBase Service Level Agreement

This Alibaba Cloud International Website ApsaraDB for OceanBase Service Level Agreement (“SLA”) applies to your purchase and use of the Alibaba Cloud International Website ApsaraDB for OceanBase (“Service”) and your use of the Service is subject 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 “Downtime” means the total number of minutes that a single ApsaraDB for OceanBase Cloud cluster is unavailable in the month. A minute is considered unavailable if all attempts from ApsaraDB for OceanBase Cloud servers to establish a connection to the cluster fail during one (1) minute. In the circumstance where an ApsaraDB for OceanBase Cloud cluster is deployed on a date that is not the first day of the month ("Deployment Date"), the ApsaraDB for OceanBase Cloud cluster is deemed to be 100% available during the period from the first date of the month to the Deployment Date (both dates inclusive).

1.2 “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 natural disasters, epidemic, downtime of the relevant submarine communication cables, failure of telecommunications infrastructure or systems, wars, riots, Acts of God, terrorist acts, government actions, etc.;

(c) events that result from any actions or inactions on your part in connection with your use of the Service, including without limitation (i)loss or leakage of data or passwords caused by you, (ii) you have not followed appropriate safety practices, and (iii) caused by your operation(s) or any operation(s) authorized by you;

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

(e) events that result from your failure to adhere to any required configurations for the use of the Service, including without limitation (i) overloading a database instance so that such database instance is inoperable and (ii) creating an excessively large number of tables leading to significant increase of the recovery time;

(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) a cyber-attack on your application or the data thereof; and

(j) Scheduled Downtime.

1.3 “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.

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

Monthly Uptime Percentage=[(total operating minutes in a billing month-Downtime)/total operating minutes in a billing month]×100%

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

1.6 “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.

1.7 “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 99.99% 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, Alibaba Cloud Product Terms, Terms of Use, and Membership Agreement, you shall be entitled to claim a Service Credit in accordance with Section 3 herein. The Service Guarantee does not apply to any unavailability, suspension or termination of the Service, or any other Service performance issues resulting from or in connection with the 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, and your attempts to resolve the downtime at the time of occurrence;

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

(c) Information relating the affected instances, including the affected instance 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:​

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 neither be used or applied to set-off the fees for the other Alibaba Cloud services, nor entitle you to any refund or other payment from us.

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

3.5 The Service Credit provided to you must be used within one (1) month from the date the Service Credit is made available for you to use.

3.6 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 and our sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide Services, 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.