This AKEYLESS Service Level Agreement (“SLA”) is a policy governing the use of the AKEYLESS SaaS for Secrets & Keys Management (“AKEYLESS Vault”) and applies separately to each account using AKEYLESS Vault. In the event of a conflict between the terms of this SLA and the terms of the AKEYLESS Terms of Service with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict, unless AKEYLESS has a dedicated agreement with you. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
We will not modify the terms of your SLA during the initial term of your subscription; however, if you renew your subscription, the version of this SLA that is current at the time of renewal will apply throughout your renewal term. We will provide at least 90 days’ notice for adverse material changes to this SLA.
AKEYLESS will use commercially reasonable efforts to make AKEYLESS Vault available with a Monthly Uptime Percentage for each AKEYLESS region, during any monthly billing cycle of at least 99.9% (the “Service Commitment”). In the event AKEYLESS Vault does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Terms of Service Agreement and this SLA. You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.
Service Credits apply only to fees paid for the particular Service or Service tier for which a Service Level has not been met. In cases where Service Levels apply to individual Services or to separate Service tiers, Service Credits apply only to fees paid for the affected Services or Service tier, as applicable. The Service Credits awarded in any billing month for a particular Service or Service Resource will not, under any circumstance, exceed your monthly service fees for that Service or Service Resource, as applicable, in the billing month.
If you purchased Services as part of a suite or other single offer, the Applicable Monthly Service Fees and Service Credit for each Service will be pro-rated.
If you purchased a Service from a reseller, you will receive a service credit directly from your reseller and the reseller will receive a Service Credit directly from us. The Service Credit will be based on the estimated retail price for the applicable Service, as determined by us in our reasonable discretion.
Service Credits are calculated as a percentage of the total charges paid by you for AKEYLESS Vault for the billing cycle in which the error occurred in accordance with the schedule below.
|Monthly Uptime Percentage||Service Credit Percentage|
|Less than 99% but greater than or equal to 95%||10%|
|Less than 95% but greater than or equal to 90%||25%|
|Less than 90%||50%|
We will apply any Service Credits only against future AKEYLESS Vault payments otherwise due from you. At our discretion, we may issue the Service Credits 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 AKEYLESS. Service Credits 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.
Credit Request and Payment Procedures
In order for AKEYLESS to consider a claim, you must submit the claim to customer support at AKEYLESS including all information necessary for AKEYLESS to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); (iv) descriptions of your attempts to resolve the Incident at the time of occurrence; (v) your Request logs that document the errors for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
We must receive the claim by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on February 15th, we must receive the claim and all required information by March 31st.
We will evaluate all information reasonably available to us and make a good faith determination of whether a Service Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Applicable Monthly Service Fees.
SLA & Response Time
The following table depicts the AKEYLESS SLA and response time per service tier.
|SLA||Best Effort||Mon-Fri, 9:00-17:00*||24*7||24*7|
|Response time||Best Effort||NBD**||High severity – up to 4 hours|
* Customer time zone
** Next business day
AKEYLESS Vault SLA Exclusions
This SLA and any applicable Service Levels do not apply to any performance or availability issues (collectively, the “AKEYLESS Vault SLA Exclusions”):
This SLA applies to the AKEYLESS Services (a “Service” or the “Services”), but does not apply to separately branded services made available with or connected to the Services or to any on-premises software that is part of any Service.
“Availability”- is calculated for each 5-minute interval as the percentage of Requests processed by AKEYLESS Vault that do not fail with Errors. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
AKEYLESS performs availability measurements on a per service / use case basis.
“Downtime” is lack of Availability.
“Incident” means (i) any single event, or (ii) any set of events, that result in Downtime.
“Monthly Uptime Percentage”- for a given AKEYLESS region is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AKEYLESS Vault SLA Exclusion.
“Request”- is a customer-initiated action of a type specifically listed as being supported by AKEYLESS Vault in the AKEYLESS Vault Documentation publicly available on the AKEYLESS website.
“Service Credit”- is a dollar credit, calculated as set forth above, that we may credit back to an eligible account to offset from future payments only.
“Support Window” refers to the period of time during which a Service feature or compatibility with a separate product or service is supported.