Service Level Agreement
Effective Date: December 7, 2018
This Service Level Agreement (“SLA”) is a policy governing the use of Uploadcare under the terms of the Uploadcare Terms of Service (the “Uploadcare Agreement”) between Uploadcare, Inc. (“Uploadcare”, “us” or “we”) and users of Uploadcare’s services (“you”). This SLA applies separately to each account using Uploadcare. Unless otherwise provided herein, this SLA is subject to the terms of the Uploadcare Agreement and capitalized terms will have the meaning specified in the Uploadcare Agreement. We reserve the right to change the terms of this SLA in accordance with the Uploadcare Agreement.
Service Commitment
Uploadcare will use commercially reasonable efforts to make Uploadcare Services available with the following Monthly Uptime Percentages:
- Upload API at least 99.9%
- REST API at least 99.9%
- CDN at least 99.99%
during any monthly billing cycle (the “Service Commitment”).
Upload API is considered available when the Uploadcare service is able to receive new files from the end users.
REST API is considered available when the Uploadcare service is able to receive and process requests sent to REST API endpoint.
CDN is considered available when Uploadcare service is able to process and deliver files stored in Uploadcare storage.
In the event Uploadcare does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Definitions
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Uploadcare, as applicable, was unavailable.
A “Service Credit” is a US dollar credit, calculated as set forth below, that we may credit back to an eligible account.
“Scheduled Maintenance“ means Uploadcare’s scheduled routine maintenance of the Services for which Uploadcare notifies you at least seventy two (72) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month.
Exclusions
The calculation of “Monthly Uptime Percentage“ will not include unavailability to the extent due to:
- (a) use of the Services by you in a manner not authorized in Uploadcare Agreement or the applicable Documentation;
- (b) general Internet problems, force majeure events or other factors outside of Uploadcare’s reasonable control;
- (c) your and end users’ equipment, software, network connections or other infrastructure;
- (d) third party systems, acts or omissions;
- (e) Scheduled Maintenance.
Service Credits
Service Credits are calculated as a percentage of the total charges paid by you to Uploadcare in accordance with the schedule below.
Upload API
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 99.9% but equal to or greater than 99.0% | 10% |
| Less than 99.0% | 30% |
REST API
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 99.9% but equal to or greater than 99.0% | 10% |
| Less than 99.0% | 30% |
CDN
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 99.99% but equal to or greater than 99.0% | 10% |
| Less than 99.0% | 30% |
We will apply any Service Credits only against future Uploadcare payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from Uploadcare. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar (1 USD). Service Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Uploadcare service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by sending a message to help@uploadcare.com e-mail address. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
- the words “SLA Credit Request” in the subject line;
- the dates and times of each Unavailability incident that you are claiming;
- login name that you use to access the Uploadcare dashboard; and
- your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.