Service Level Agreement

AIH Technology

AIH FRaaS Service Level Agreement

 

Last Updated: March 20, 2020

 

This AIH FRaaS Service Level Agreement (“SLA”) is a policy governing the use of AIH Facial Recognition as a Service (FRaaS). In the event of a conflict between the terms of this SLA and the terms of other agreements 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. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

 

Definitions

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

“Monthly Uptime Percentage” for a given service region is calculated as the average of the Availability of all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AIH FraaS SLA Exclusion.

“Availability” is calculated for each 5-minute interval as the percentage of Requests processed by AIH FRaaS that do not fail with Errors and relate solely to the provisioned AIH FRaaS function. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.

“Request” means a call to an AIH FRaaS API.

An “Error” is any Request that returns an error code in the 5xx range, e.g. 500 or 503.

 

Service Commitment

AIH FRaaS will use commercially reasonable efforts to make AIH FRaaS available with a Monthly Uptime Percentage for each region, during any monthly billing cycle (the “Service Commitment”). In the event AIH FRaaS does not meet the Service Commitment, we will give you Service Credits in accordance to the table below .

 

Service Credits

Service Credits are calculated as a percentage of the following charges paid by you for the applicable AIH FRaaS API for the monthly billing cycle in which the Monthly Uptime Percentage for a given region fell within the ranges set forth in the table below:

 

Monthly Uptime Percentage

Service Credit Percentage

Less than 99% 

10%

Less than 950%

25%

Less than 80%

100%

 

We will apply any Service Credits only against future AIH FRaaS 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 AIH FRaaS. Service Credits will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than ten dollars ($10 CAD). 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 or non-performance or other failure by us to provide AIH FRaaS is the receipt of Service Credits (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 emailing [email protected] . 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) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of AIH FRaaS;

(ii) that result from any voluntary actions or inactions from you or any third party (e.g. scaling of provisioned capacity, misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.);

(iii) that result from you not following the best practices described in the AIH FRaaS Documentation on the AIH FRaaS Site;

(iv) that result from your equipment, inputs (including images and videos), software or other technology and/or third party equipment, inputs, software or other technology (other than third party equipment within our direct control); or

(v) arising from our suspension and termination of your right to use AIH FRaaS in accordance with the Agreement (collectively, the “AIH FRaaS SLA Exclusions”).

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our sole discretion.
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