SLA

Last Updated: April 4th, 2024

This Nimbus Service Level Agreement (“SLA”) is a policy governing the use of Nimbus and applies separately to each account using Nimbus.

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

Service Commitment

Nimbus commits to use commercially reasonable efforts to make the Observability Pipeline, specifically focusing on the data ingestion component, available with the Monthly Uptime Percentages set forth in the table below. In the event the Observability Pipeline does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

An “Observability Pipeline” refers to the infrastructure and services provided by Nimbus for the collection, normalization, transformation, and routing of observability data (e.g., metrics, logs, traces) for a specific domain.

“Monthly Uptime Percentage” for the Observability Pipeline is calculated by subtracting from 99.999% the percentage of minutes during the month in which the data ingestion component of the Observability Pipeline was Unavailable. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Nimbus SLA Exclusions.

A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.

The Observability Pipeline is “Unavailable” during a given minute if the data ingestion component fails to receive and process data for all attempts made to the pipeline throughout the minute.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for the affected component of the Observability Pipeline for the monthly billing cycle in which the Service Commitment was not met, in accordance with the schedule below:

Monthly Uptime Percentage	Service Credit Percentage
Less than 99.999% but greater than or equal to 99.995%	10%
Less than 99.995% but greater than or equal to 99.99%	25%
Less than 99.99%	80%

We will apply any Service Credits only against future Nimbus payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Nimbus. 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. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Observability Pipeline 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 contacting Nimbus support team. 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:

• i. the words “SLA Credit Request” in the subject line;

• ii. the dates, times, and descriptions of each Unavailability incident that you are claiming;

• iii. evidence that corroborates the claimed Unavailability, such as logs or monitoring alerts (any confidential or sensitive information in these documents 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 the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Nimbus SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension, or termination of the Observability Pipeline, or any other Nimbus performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Nimbus; (ii) that result from any actions or inactions by you or any third party; (iii) 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); (iv) arising from our suspension or termination of your right to use the Observability Pipeline in accordance with the Agreement; or (v) that result from your failure to follow the guidelines and best practices described in Nimbus documentation, including exceeding usage limits. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.