1. AVAILABILITY COMMITMENT

Own shall make the Customer Data available in the SaaS Services for at least the percentage of each calendar month specified in Table 1 below, subject to this SLA.

2. BACKUP FREQUENCY COMMITMENT

a. General Backup and Restore. As part of its Recover SaaS Services, Own shall perform daily backups of the Customer Data, subject to this SLA.

b. Large Data Volumes. Where a Customer Data set to be backed up exceeds the applicable number of records specified  below, the above backup frequency commitments will not apply, and Own will work with Customer to provide backups as frequently as reasonably possible, including by endeavoring to optimize backup run times: (i) one billion records for data sets backed up from Salesforce, (ii) 100 million records for data sets backed up from ServiceNow, and (iii) 50 million records for data sets backed up from Microsoft Dynamics 365.

3. SERVICE CREDITS

a. Availability For each month in which Own 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 Own product, as specified in Table 1 below.  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 Own 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 Own Recover product, as provided below.

c. Process and Limitations. To claim a service credit, Customer must notify Own at support@owndata.com within 30 days after the end of the month in which Own's applicable failure to meet the SLA occurred. If Own 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 Own product. The remedies described in this SLA constitute Own’s sole liability and Customer’s exclusive remedy for any failure by Own to meet the commitments in this SLA.

4. DEFINITIONS

Maintenance Window means SaaS Service unavailability due to maintenance of which Own notifies Customer at least 48 hours in advance via the Own website (currently https://status.owndata.com/) or via email. Own will use commercially reasonable efforts to schedule maintenance during weekend hours and to limit it to four hours per month.

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.

SaaS Services means Own software-as-a-service applications made available to Customer as part of the Services.

Unpermitted Downtime means any unavailability of a SaaS Service except:

  • during a Maintenance Window,
  • due to causes beyond Own’s reasonable control, such as, for example, labor disputes; civil disturbances; acts of God; acts of war or terror; government actions; orders of courts or tribunals; hosting provider failures; Customer equipment; or third-party service or API latency or unavailability (e.g., due to credential or permission errors), or
  • if Customer is using Own Bring Your Own Storage (BYOS), unavailability resulting from unavailability of Customer’s AWS bucket or Customer’s failure to configure its AWS bucket in accordance with the BYOS Documentation, or
  • any downtime period of 15 minutes or less initiated by Own to implement a bug fix or patch.


5. EXCLUSIONS

The above backup frequency commitments do not apply to Salesforce, ServiceNow or Microsoft Dynamics sandbox, development or test environments. This SLA does not apply to SaaS Services designated in writing as beta, pilot, limited release, or by descriptions of similar import, or to software installed on Customer’s or its third-party vendor’s system, or to any Own product or service for which the user documentation expressly excludes this SLA. If Customer is using BYOS, Own 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. Own will have no obligations under this SLA during any period in which Customer is in breach of its payment obligations under the Agreement.

TABLE 1
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
Monthly
Availability
Commitment
Service Credits
Monthly
Availability
Subscription
Extension
Recover
99.9%
≥ 99.5% < 99.9% 
≥ 99.0% < 99.5%
 < 99.0%
7 days
14 days
28 days
Archive
99.9%
Accelerate
99.9%
Discover
99.0%
≥ 95.0% < 99.0%
≥ 90.0% < 95.0%
< 90.0%
7 days
14 days
28 days
Monthly
Availability
Commitment
Service Credits
Monthly
Availability
Subscription
Extension
Recover
99.9%
≥ 99.5% < 99.9% 
≥ 99.0% < 99.5%
 < 99.0%
7 days
14 days
28 days
Archive
99.9%
Accelerate
99.9%
Discover
99.0%
≥ 95.0% < 99.0%
≥ 90.0% < 95.0%
< 90.0%
7 days
14 days
28 days

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