Databend Cloud Service Level Agreement
This Service Level Agreement (the "SLA") sets out the service availability level metrics and the compensation plan for the Databend Cloud cloud-native data warehouse service provided by Datafuse Cloud Inc. ("Databend") to its customers.
1. Definitions
1.1 Service Cycle
A Service Cycle is one calendar month. If a customer uses a Databend Cloud cluster for less than one month, the accumulated usage time of that cluster during the month is treated as one Service Cycle.
1.2 Total Minutes in a Service Cycle
Calculated as the total number of days in the Service Cycle X 24 (hours) X 60 (minutes).
1.3 Service Unavailability
If, within a given minute, all connection attempts or requests sent by the customer to a cluster fail due to reasons attributable to Databend Cloud, that cluster is deemed unavailable for that minute. The circumstances set out in Article 4 (Exemptions) of this agreement are excluded.
1.4 Service Unavailable Minutes
The sum of the service unavailable minutes for a cluster within a Service Cycle constitutes the Service Unavailable Minutes for that cluster.
1.5 Monthly Service Fee
The total service fee paid by the customer for a single Databend Cloud cluster within one calendar month. If the customer pays the service fee for multiple months at once, the Monthly Service Fee is calculated on a pro-rated basis according to the number of months purchased. The Monthly Service Fee excludes any amounts offset by vouchers, service fee reductions, and the like.
2. Service Availability
2.1 Service Availability Formula
Service Availability is measured per cluster and calculated as follows:
Service Availability = (Total Minutes in a Service Cycle - Service Unavailable Minutes) / Total Minutes in a Service Cycle X 100%
2.2 Service Availability Commitment
The service availability of a Databend Cloud cluster shall be no less than 99.9%. If Databend fails to meet the foregoing availability commitment, the customer may obtain compensation in accordance with Article 3 of this agreement.
3. Compensation Plan
3.1 Compensation Standard
For each Databend Cloud cluster, the compensation amount is calculated based on the monthly service availability of the single cluster in accordance with the standards in the table below. Compensation is limited to vouchers usable for purchasing Databend Cloud products, and the total compensation shall not exceed 25% of the Monthly Service Fee paid by the customer for the month in which the service availability commitment was not met (excluding amounts offset by vouchers).
| Service Availability | Compensation Voucher Amount |
|---|---|
| 99.0% ≤ Service Availability ＜ 99.9% | 1 day's fee (previous month's fee / days in that month) |
| 95.0% ≤ Service Availability ＜ 99.0% | 3 days' fee (previous month's fee / days in that month) |
| Service Availability ＜ 95.0% | 7 days' fee (previous month's fee / days in that month) |
3.2 Compensation Claim Period
The customer may submit a compensation claim for a cluster that failed to meet the service availability commitment in the previous month after the fifth business day of each calendar month. A compensation claim shall be submitted no later than two months after the end of the relevant month in which the Databend Cloud cluster failed to meet the service availability commitment.
4. Exemptions
Service unavailability caused by any of the following is not included in the calculation of service unavailability or within the scope of Databend Cloud's compensation, and Databend shall bear no liability to the customer:
- (1) System maintenance performed after Databend has given the customer prior notice, including cutovers, repairs, upgrades, and simulated failure drills;
- (2) Any network or equipment failure, or configuration adjustment, outside of equipment owned by Databend;
- (3) Time spent restarting the service during the customer's operation of the cluster;
- (4) The customer's application or data being subject to hacker attacks;
- (5) Failures of the cloud service provider;
- (6) Loss or leakage of data, passwords, credentials, and the like caused by the customer's improper maintenance or confidentiality;
- (7) The customer's negligence or operations authorized by the customer;
- (8) Cluster failures caused by the customer selecting compute or storage physical capacity limits insufficient for the actual usage demand;
- (9) The customer's failure to follow Databend product usage documentation or recommendations;
- (10) Clusters intended for testing only and not recommended for production use (such as trial clusters), which are not within the scope of this agreement's guarantee;
- (11) Force majeure;
- (12) Circumstances in which Databend Cloud may be exempted from liability or compensation as described in relevant laws and regulations, relevant agreements, relevant rules, and the like.
5. Miscellaneous
Databend reserves the right to modify the terms of this SLA. If any terms of this SLA are modified, Databend will notify the customer at least thirty days in advance by posting a notice on its website or by sending an email. If the customer does not agree with Databend's modifications to the SLA, the customer has the right to stop using Databend Cloud. If the customer continues to use Databend Cloud, the customer is deemed to have accepted the modified SLA.
