Service Level Agreement (SLA)

This Service Level Agreement (SLA) constitutes an essential component of your Agreement. Terms capitalized within this SLA are defined as per the stipulations of the Agreement unless stated otherwise within this document. This SLA applies to your acquisition and utilization of Tacnode Services for a fee and does not extend to any complimentary or trial services offered by Tacnode.

1. Definitions

1. Service Cycle denotes one calendar month.
2. Service Cycle Minutes is calculated as the total number of days in a Service Cycle multiplied by 24 (hours) multiplied by 60 (minutes).
3. Warehouse Service Unavailable Minutes refers to the aggregate number of minutes during which the Warehouse instance is non-operational within a Service Cycle. The service is categorized as unavailable during a specified five-minute interval when all consecutive attempts to establish a connection with a particular Warehouse instance fail.
4. Teleport Service Unavailable Minutes pertains to the total minutes during which the Teleport instance service is non-operational within a Service Cycle. The service is deemed unavailable for a five-minute interval when consecutive attempts made by a configured Teleport instance to synchronize any data to a destination fail.
5. Monthly Service Fee signifies the comprehensive service fee (inclusive of vouchers where applicable) for a singular Cloud Service Instance within a calendar month.
6. Cloud Service Instance encompasses instances of Warehouse, Teleport, and other products provided by Tacnode.

2. 2. Exclusions

The following situations should not be counted as service unavailable time:

1. Availability issues attributable to the operations performed by your organization (for instance, restarting, deleting, or restoring services via the console or API, among others);
2. Availability issues arising from routine maintenance conducted within a reasonable timeframe, including, but not limited to, repairs and upgrades, following prior notification from Tacnode;
3. Availability issues resulting from malfunctions and configuration changes related to any third-party hardware, software, or equipment that are not under Tacnode’s control, including, but not limited to, cloud service providers;
4. Availability issues caused by limitations in CPU and storage resources of the Service, which emerge due to excessive traffic from your organization;
5. Availability issues stemming from a cybersecurity breach affecting your applications or data;
6. Availability issues arising from the loss or leakage of data, passwords, etc., which is the result of your inadequate maintenance practices;
7. Availability issues originating from the data source or destination itself during the process of data synchronization;
8. Availability issues resulting from your failure to adhere to the terms of the Agreement (such as non-payment of any charges owed to Tacnode); and
9. Availability issues caused by circumstances beyond parties' control, referred to as force majeure.

3. Service Availability

a. Calculation of Service Availability

The availability of services is determined based on a singular instance of cloud service as outlined below:

Service Availability Percentage = ((Service Cycle Minutes - Service Unavailable Minutes) / Service Cycle Minutes) × 100%

b. Service Availability Commitment

Tacnode shall use commercially and technically reasonable efforts to make the Service Availability no less than 99.95%.

4. Service Compensation

In the event that Tacnode fails to fulfill the obligations related to Service Availability outlined in this Service Level Agreement (SLA), you are required to submit your claim within the timeframe stipulated therein. Following verification by Tacnode, compensation will be provided according to the following schedule. The appropriate compensation amount will be credited to your account. (Please note that vouchers constitute the sole form of compensation under this SLA and are applicable exclusively to the purchase of Tacnode products.)

5. Time Limit for Compensation Claims

Claims for compensation may be submitted following the fifth (5th) working day of each natural month, applicable to situations where the Service Availability Commitment was not fulfilled in the preceding month. The compensation request must be submitted no later than two (2) months after the conclusion of the relevant month during which the Service Availability Commitment was not met.

6. General

Tacnode reserves the right to amend the terms of this Service Level Agreement (SLA) periodically. Tacnode shall provide notice of any changes to the SLA at least 30 days in advance, either by posting on the website or by sending an email. Should you disagree with any amendments to the SLA, it is incumbent upon you to discontinue the use of the services provided by Tacnode. Your continued utilization of the services following the publication of the amended SLA will be interpreted as your acceptance of the modified terms.