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This Service Level Addendum (SLA) is incorporated into and governed by the Subscription Services Agreement (the Agreement). Capitalized terms not defined in this SLA have the meanings given to them in the Agreement.
OwnBackup shall make the Customer Data available in the SaaS Services for at least 99.9% of each calendar month, subject to this SLA.
a. General Backup and Restore. As part of its backup and restore SaaS Services, OwnBackup shall perform daily backups of the Customer Data, subject to this SLA.
b. High-Frequency Backup. As part of its High-Frequency Backup Service, OwnBackup shall perform backups of the number of Salesforce objects specified in the applicable Order, at the intervals specified in such Order, subject to this SLA.
c. Large Data Volumes. Where a Customer Data set to be backed up exceeds one billion records, the above backup frequency commitments will not apply, and OwnBackup will work with Customer to provide backups as frequently as reasonably possible, including by endeavoring to optimize backup run times.
a. Availability For each month in which OwnBackup fails to meet the availability commitment in Section 1, Customer will be eligible to receive a service credit in the form of an extension of its subscription for the applicable OwnBackup product, as specified below
|Monthly uptime percentage||Monthly Unpermitted Downtime (minutes)||Subscription Extension|
|≥ 99.5% < 99.9% uptime||44-216||7 days|
|≥ 99.0% < 99.5% uptime||216-432||14 days|
|< 99.0% uptime||> 432||28 days|
For any partial calendar month during which Customer subscribes to a SaaS Service, availability will be calculated based on the entire calendar month, not just the portion for which Customer subscribed.
b. Backup Frequency - General Backup and Restore. For each day that OwnBackup fails to meet the general backup frequency commitment in Section 2.a, Customer will be eligible to receive a service credit in the form of a three-day extension of its subscription for the applicable OwnBackup backup and restore product, as provided below.
c. Backup Frequency - High-Frequency Backup. For each High-Frequency Backup interval, as specified in the applicable Order, in which OwnBackup fails to meet the backup frequency commitment in Section 2.b, Customer will be eligible to receive a service credit in the form of a one-day extension of its subscription for the applicable OwnBackup High-Frequency Backup product, as provided below.
d. Process and Limitations. To claim a service credit, Customer must notify OwnBackup at email@example.com within 30 days after the end of the month in which OwnBackup’s applicable failure to meet the SLA occurred. If OwnBackup disputes the claim, it will provide to Customer a report documenting applicable service levels for the month. In no event will the total aggregate service credits for a calendar month exceed 45 days’ extension of Customer’s subscription for the applicable OwnBackup product. The remedies described in this SLA constitute OwnBackup’s sole liability and Customer’s exclusive remedy for any failure by OwnBackup to meet the commitments in this SLA.
Applications means OwnBackup software-as-a-service applications made available to Customer as part of the Services.
Monthly Uptime Percentage means the percentage derived by subtracting the number of minutes of Unpermitted Downtime in a calendar month from the total number of minutes in the calendar month, and dividing the difference by the total number of minutes in the calendar month.
Unpermitted Downtime means any unavailability of a SaaS Service except:
Maintenance Window means SaaS Service unavailability due to maintenance of which OwnBackup notifies Customer at least 48 hours in advance via the OwnBackup website (currently https://status.ownbackup.com/) or via email. OwnBackup will use commercially reasonable efforts to schedule maintenance during weekend hours and to limit it to four hours per month.
If Customer is using BYOS, OwnBackup is not responsible for unavailability or backup failures resulting from unavailability of Customer’s AWS bucket or Customer’s failure to configure its AWS bucket in accordance with the BYOS Documentation. This SLA does not apply to SaaS Services designated in writing as beta, pilot, limited release, or by descriptions of similar import, or to any OwnBackup product or service for which the user documentation expressly excludes this SLA. OwnBackup will have no obligations under this SLA during any period in which Customer is in breach of its payment obligations under the Agreement.