- Downtime Events. Subject to any exclusions specifically provided for herein, the following will be events that qualify as “Downtime”: (i) the Dgraph Service is not accessible to Dgraph’s standard and custom monitoring tools over two successive polling attempts; in each such attempt, recorded testing by Dgraph of the Dgraph Service from an external network will be determinative of the existence of Downtime; and (ii) non-availability of the Dgraph Service for a duration of more than two minutes.
- Notification. In each case, in order to allow Dgraph a meaningful opportunity to record, test and remedy Downtime as expeditiously as possible, calculation of Downtime will not commence until the earlier of (i) Dgraph becoming aware of verifiable Downtime or (ii) Customer supplying Dgraph with written notification of suspected Downtime (such notice to be effective when sent). Customer can report suspected Downtime by clicking on the “Contact Us” button in the Dgraph Service application and selecting “Production Outage” in the form.
- Exclusions. Dgraph will use commercially reasonable efforts to ensure that scheduled maintenance does not materially impact the availability of the Dgraph Service. However, if scheduled maintenance results in unavailability of the Dgraph Service, it will not be included as Downtime; provided that there will be no more than three sessions of scheduled maintenance that result in downtime per month. All scheduled maintenance will be conducted after supplying Customer with two days advance notice. To the extent that Dgraph conducts maintenance on the Dgraph Service outside of the scheduled window without Customer’s prior consent, such unavailability of the Dgraph Service will be included in the calculation of Downtime. In addition, where any of the following is a cause of unavailability of the Dgraph Service, the duration of such unavailability will not be included in the calculation of Downtime: (i) Customer’s acts other than in accordance with the Agreement, including any negligence, willful misconduct or use of the Dgraph Service in breach of the Agreement; (ii) that result from your equipment, software or other technology and/or third-party equipment, software or other technology (other than third party equipment within our direct control); and/or (iii) Force Majeure - circumstances beyond Dgraph’s reasonable control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, epidemic, pandemic, fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in telecommunications or internet services.
- Remedy for Excess Downtime. Subject to Customer’s continued and ongoing compliance with all of the terms and conditions set forth in the Slash GraphQL Terms of Service, where the aggregate Downtime during a month results in less than 99.9% Uptime for Customer, then as Dgraph’s sole obligation and Customer’s sole and exclusive remedy, Dgraph will issue a service credit for such month equal to a percentage of the Monthly Fee (defined below) as set forth in the table below (each, a “Service Credit”). The “Monthly Fee” means the then-current monthly subscription fee.
|Uptime (as calculated over a calendar month)
||Credit (as a percentage of the Monthly Fee)
|99.0% – 99.89%
| 95.0% – 98.9%
| 90.0% – 94.9%
|Less than 90.0%
Notwithstanding the foregoing, the Service Credit due for Downtime during a single calendar month will never be more than the then-current Monthly Fee. In order to receive a Service Credit, Customer must notify Dgraph, by emailing [email protected] or notifying its Dgraph account manager, within seven days from when the Downtime occurs, and failure to provide such notice will forfeit the right to receive the Service Credit. In no event will Customer be provided a Service Credit in cash, refund, or any other form other than a credit against monthly subscription fees.