SYGNA GATE SERVICE LEVEL AGREEMENT

Last Updated: November 15, 2021

This SYGNA GATE Service Level Agreement (the “SLA”) is a policy governing the use of the Sygna Gate services (“Service”) and applies separately to each account (“you”, “Client”, “your”) using this Service.  In the event of a conflict between the terms of this SLA and the terms of the Services Agreement or any other agreements with Sygna and/or its affiliates (“we”, “our”, “us”) governing the use of the Service, the terms and conditions of this SLA shall apply, but only to the extent of such conflict.  

Capitalized terms used herein but not defined throughout shall have the meanings set forth in the Agreement. 

1. Service Commitment

We will use commercially reasonably efforts to make the Service available with a Monthly Uptime Percentage of at least 95% during a monthly billing cycle (the “Service Commitment”).  In the event that the Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below in Section 2.

2. Service Credit

A Service Credit is calculated as a percentage of the total charges paid by you for the Service affected for each billing cycle, in which the Monthly Uptime Percentage falls within the ranges as set forth in the table below: 

We will apply any Service Credit only against future payments for the Service otherwise due from you.  

You shall acknowledge that your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. 

3. Service Credit Request and Issuance Process

To receive a Service Credit, you must submit a claim by opening a case with our customer service representative.  To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred.  When submitting a claim, you will need to provide the dates and times of each Unavailability as well as the logs that document the errors and corroborate your claimed outage.  Prior to submitting the claim, you should remove or replace any confidential or sensitive information with asterisks.

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, we will issue the Service Credit to you within one billing cycle following the month in which your claim is confirmed by us.  Your failure to submit a claim in time or to provide necessary information as required above will disqualify you from receiving a Service Credit.

4. SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Service or other Service performance issues: 

1. caused by factors outside of our reasonable control, including any force majeure event, Internet access or related issues beyond our control; 
2. that result from any voluntary actions or inactions from you or any third party (e.g. scaling of provisioned capacity, misconfiguration of security groups or credential settings, disabling authentication keys, making the authentication keys inaccessible, etc.); 
3. that result from you not following the best practices described in the Sygna Bridge API documents, which are available on our website at https://developers.sygna.io/docs, as updated from time to time; 
4. that result from your equipment, software or other technology and/or any third-party equipment, software or other technology (not within our direct control); or 
5. arising from our suspension or termination of your right to use the Service in accordance with the Services Agreement.

Above Item (i) through (v) are collectively referred to as the “SLA Exclusions.”  If the availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, we may issue a Service Credit considering such factors at our discretion. 

5. Priority Levels and Target Response Time

When an issue relating to the Service and/or its performance occurs, you may contact us via email at services@sygna.io or via the shared channel of Slack that you have created with us.  We will respond to your case based on the priority level as set forth in the table below:

* Please note that an immediate response to an incident of a disaster level does not imply an immediate solution to your issue.  

An immediate response as well as a 24-hour response refers to a confirmation of receipt of your case.  While we put forward our best efforts to resolve your issues, you shall understand that the time to resolution may vary, depending on the volume and severity of tickets submitted.  Occasionally, an issue may need to be escalated to our engineering team.  In such cases, it may take more time to resolve the issue. 

6. Notification

We may have update, upgrade, maintenance downtime or other permanent or temporary changes to the Service as provided with the Sygna Gate Services Agreements. In such case, we will give notifications to you in advance, based on the severity of impact of the function and/or performance of the Service. 

7. Definitions

• “Monthly Uptime Percentage” for the Service is calculated by subtracting from 100% the percentage of five (5) minute intervals during the monthly billing cycle in which the Service was “Unavailable.”  The Service is assumed to be 100% available for any five (5) minute interval.  Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusions as listed in Section 4. 
• “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
• “Unavailable” or “Unavailability” refers to the situation of which (i) the sever of the Service has no external connectivity or (ii) all of the Clients’ attached volumes sent to us perform zero (0) reading and writing input/output (“I/O”), with pending I/O in the queue, during a five (5) minute interval.  

8. We reserve the right, at our sole discretion, to modify or update this SLA, at any time without prior notice.  We will post the latest revised version on our Site (https://www.sygna.io/) or in other ways that we deem appropriate.  You may also be asked to re-acknowledge and/or re-accept the updated SLA following any material changes. 

9. If you have any questions regarding this SLA, please submit your questions to services@sygna.io.