CHAINSTACK ENTERPRISE

SUPPORT AND SERVICE LEVEL AGREEMENT

Last Updated: November 10, 2022

  1. DEFINITIONS
    1. “Claim” means a claim submitted by Customer to Chainstack pursuant to these Terms.
    2. “Downtime” is a period of time where the Service was unavailable as determined by a combination of Chainstack’s internal and external monitoring systems.
    3. “Recovery Point Objective” (RPO) is defined as the maximum period of time in which data may be lost from the Service due to a major incident. Recovery point is determined by the timestamp of last backup or last database log file that is successfully restored.
    4. “Recovery Time Objective” (RTO) is defined as the maximum period of time in which the Service must be restored after a major incident. Recovery time is determined by the time elapsed between the declaration of an incident and restoration of Service.
    5. “SEV 1 Issue” means any Issue in which the Service is significantly impaired and unavailable causing critical disruption to business operations.
    6. “SEV 2 Issue” means any Issue in which major Service functionality does not work with critical time sensitivity, but with no massive or severe impact on business operations.
    7. “SEV 3 Issue” means any non-urgent Issue that, whilst potentially Service impacting, does not prevent Customer’s use of the Service in any material way (e.g. minor bugs or reports of unexpected behaviour).
    8. “SEV 4 Issue” means any general question related to Chainstack’s Products or Services. For example, purely informational requests, reports, usage questions, clarifications regarding documentation, or any feature enhancement suggestions.
    9. “Service Credit” is Customer’s sole and exclusive remedy for any violation of the Service Levels.
    10. “Service Levels” means the service level commitments set forth in Section 2 of these Terms, and any other standards that Chainstack chooses to adhere to and by which it measures the level of service provided to Customer.
    11. “Uptime” is the percentage of total possible minutes the applicable Chainstack Service was available in a given calendar quarter.
    12. SERVICE LEVEL COMMITMENTUptime. Chainstack guarantees a 99.9% quarterly uptime commitment for the applicable Chainstack Service. If Chainstack does not meet the SLA, then Customer will be entitled to a Service Credit to Customer’s account.
    13. Guarantees. Chainstack commits to maintain at least 99.9% Uptime for the applicable Chainstack Service. The Uptime calculation for each Service Feature that may be included with the applicable Chainstack Service is described below (“Uptime Calculation”). If Chainstack does not meet the SLA, Customer will be entitled to Service Credits based on the calculation below (“Service Credits Calculation”). Note, Downtime does not affect every customer at the same time or in the same way.
  2. SERVICE LEVEL COMMITMENT
    1. Uptime. Chainstack guarantees a 99.9% quarterly uptime commitment for the applicable Chainstack Service. If Chainstack does not meet the SLA, then Customer will be entitled to a Service Credit to Customer’s account.
    2. Guarantees. Chainstack commits to maintain at least 99.9% Uptime for the applicable Chainstack Service. The Uptime calculation for each Service Feature that may be included with the applicable Chainstack Service is described below (“Uptime Calculation”). If Chainstack does not meet the SLA, Customer will be entitled to Service Credits based on the calculation below (“Service Credits Calculation”). Note, Downtime does not affect every customer at the same time or in the same way.
      Service FeatureUptime CalculationService Credits Calculation
      Management Console
      Network Services
      Platform API
      (Total minutes in a calendar quarter – Downtime) / Total minutes in a calendar quarterA Service Credits claim may be based on either (not both) of the following calculations: 10% of the amount Customer paid for a Service Feature in a calendar quarter where the Uptime for that Service Feature was less than or equal to 99.9%, but greater than 99.0%. OR 25% of the amount Customer paid for a Service Feature in a calendar quarter where the Uptime of that Service Feature was less than 99.0%.
    3. Scheduled Maintenance. Chainstack can perform Service upgrades and other maintenance tasks during the maintenance window. Customer will be notified at least 7 days in advance by e-mail sent to the registered e-mail address. It is possible that during this maintenance period one of more Service features are temporarily completely or partially out of use and are therefore not available to the Customer. A scheduled maintenance message will contain the following information: (i) Timeframe in which scheduled maintenance will take place; (ii) Expected duration of scheduled maintenance; (iii) Service Features on which scheduled maintenance will be of influence. Scheduled maintenance is excluded from the availability calculations unless the period for the scheduled maintenance is exceeded and the service is therefore not available to the customer.
    4. Maintenance Window. Tuesday and Sunday from 06:00 AM to 10:00 AM UTC.
    5. Emergency Maintenance. Emergency maintenance may be required when conditions require immediate intervention. In such a situation, the customer is informed as soon as possible by e-mail to the registered e-mail address. Unavailability during emergency maintenance is included in the availability calculation.
  3. CUSTOMER SUPPORT
    1. Customer Support Options.
      Community SupportStandard SupportProfessional SupportPremium Support
      TermsIncludedIncludedSubscription-basedSubscription-based
      PricingComplementaryComplementary$100$1,000
      Response time< 24 hours< 6 hours< 1 hour
      Availability24 x 524 x 524 x 724 x 7
      Support MethodCommunity support on Discord and Telegram, knowledge base.Email, community support on Discord and Telegram, knowledge base.Email, community support on Discord and Telegram, knowledge base.Email, private chats on Slack, Telegram and Discrod, a technical account manager.
    2. Scope of Customer Support. Chainstack will provide to Customer the onboarding and technical support services for Service Features. Customer support does not include code development or the debugging of Customer’s software. For security reasons, only Customer’s Users may submit Claims to Chainstack.
    3. Customer Support Response Times and Availability. Chainstack’s initial response times (listed below) vary based on the customer support package purchased by Customer and the severity of the Issue. Chainstack is committed to providing a response within the timeframes described below, as measured from Customer initiation of a Claim provided that the Customer’s Claim contains all necessary details for proper processing and response by Chainstack. In case the Customer’s Claim does not contain the necessary information, the time for providing the response starts to measure from the moment Customer provides all the required information.
      Applicable ServicesIssue ExampleCommunity SupportStandard SupportProfessional SupportPremium Support
      SEV 1Network ServicesCustomer’s nodes are not accessible.> 24 hours< 2 hours< 1 hour
      SEV 2Network Services, Management Console, Platform APIManagement Console is not accessible while Customer’s nodes are working properly.> 24 hours< 4 hours< 1 hour
      SEV 3Network Services, Management Console, Platform APIPlatform API returns an error response for a request that is supported.> 24 hours< 6 hours< 1 hour
      SEV 4Network Services, Management Console, Platform APIQuestion on the interaction between the node and client software.> 24 hours< 6 hours< 1 hour
    4. Resolved Claims. Following Chainstack’s initial response to a Claim, Chainstack will work with Customer to identify and resolve any and all Issues. Chainstack will consider a Claim to be resolved if: (a) Customer agrees that the Issue is resolved; (b) The source of the Issue lies with a third party, in which case, Chainstack will continue to assist Customer and act as a resource to Customer while Customer works with the third party to resolve such Issue; or (c) Customer does not respond to a query or request from Chainstack regarding an Issue after seven (7) consecutive calendar days. Notwithstanding the foregoing, with respect to Section (c) above, Chainstack will re-open the Issue if Customer contacts Chainstack any time after the Issue was deemed closed by Chainstack to report that the Issue has not yet been resolved.
  4. EXCLUSIONS

    Excluded from the Uptime Calculation are Service Feature failures resulting from (i) Customer’s acts, omissions, or misuse of the applicable Chainstack Service including violations of the Agreement; (ii) failure of Customer’s internet connectivity; (iii) factors outside Chainstack’s reasonable control, including force majeure events; (iv) Customer’s equipment, services, or other technology; or (v) scheduled maintenance unless the period for the scheduled maintenance is exceeded and the service is therefore not available to Customer.

  5. SERVICE CREDITS REDEMPTION

    If Chainstack does not meet this SLA, Customer may redeem Service Credits only upon written request to Chainstack within thirty (30) days of the end of the calendar quarter. Written requests for Service Credits redemption should be sent to Chainstack Support [https://support.chainstack.com].Service Credits may take the form of a refund or credit to Customer’s account, cannot be exchanged into a cash amount, are limited to a maximum of ninety (90) days of paid service per calendar quarter, require Customer to have paid any outstanding invoices, and expire upon termination of Customer’s agreement with Chainstack.

  6. LIMITATIONS
    1. Redemption Limitation. Customer will not be eligible to redeem any Service Credits if Customer is in breach under any provisions of the Chainstack Enterprise Subscription Agreement at the time the Service Feature failure occurred and will not be entitled to any Service Credit if Customer is in breach under any provisions of the Chainstack Enterprise Subscription Agreement at the time such Service Credit is requested by Customer until such breach is cured.
    2. Exclusive Remedy. This SLA provides Customer’s sole and exclusive remedies for any Chainstack Service interruptions, deficiencies, or failures of any kind. To clarify, such sole and exclusive remedies shall not apply to breaches of unrelated obligations under the Chainstack Enterprise Subscription Agreement such as infringement, confidentiality, intellectual property rights, etc.
    3. No Damages. FOR PURPOSES OF THIS CLAUSE, “LOSS” SHALL MEAN ANY LOSS, LIABILITY, CLAIM, DAMAGE, ACTION, FINE, PENALTY, COST OR EXPENSE (INCLUDING REASONABLE LEGAL FEES AND EXPENSES). NOTWITHSTANDING ANY OTHER PROVISION OF THIS SLA, IN NO EVENT SHALL CHAINSTACK BE LIABLE TO CUSTOMER FOR LOST PROFIT, LOST REVENUE OR ANY OTHER FORM OF DIRECT OR INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTAIL OR PUNITIVE LOSSES DUE TO CHAINSTACK SERVICE INTERRUPTIONS, DEFICIENCIES, OR FAILURES OF ANY KIND.
  7. CLOUD INFRASTRUCTURE

    Chainstack is using managed cloud infrastructure (compute, storage, database, and other components) that has at least 99.95% monthly uptime percentage from leading cloud service providers. Chainstack follows cloud service providers’ best practices.

  8. BACKUP AND DISASTER RECOVERY
    1. Backup and Disaster Recovery. Chainstack is performing regular backups of its Services, including Customer’s Network Services. Chainstack is performing regular Disaster Recovery simulations to verify that the corresponding procedures meet the target RPO and RTO.
    2. RPO. Target RPO for Management Console and Platform API is 1 hour. Target RPO for Network Services is 4 hours.
    3. RTO. Target RTO for Management Console and Platform API is 2 hours. Target RTO for Network Services is 4 hours.
  9. MONITORING AND ALERTING
    1. Management Console and Cloud Infrastructure. Real-time status of Management Console and cloud infrastructure can be found on Chainstack Status Page [https://status.chainstack.com]. Customer can subscribe for the relevant alerts on the same page.
    2. Network Services. Network Services monitoring is done internally by Chainstack. Monitoring for Customer’s Network Services may be provided to the Customer.
  10. SECURITY

    Least privilege best practices are used. Each node application including processes and data are isolated. Transport Layer Security (TLS) is always used to secure communications between Customer’s systems and nodes deployed by Chainstack. Authentication is always required to access node and platform APIs. Multi-factor authentication is required for all employees who have any kind of access to Chainstack systems. Automated vulnerability assessment and patch management are applied across all Chainstack properties including codebase.

  11. DATA PROCESSING
    1. Data Processing by Chainstack. When handling Claims and Service Credits redemption requests Chainstack processes Customer’s data, such as email, organization’s name, name of a Customer’s representative, bank account number, billing address, IP address, which may be considered as personally-identifying information under the laws on personal data protection of some countries and territories, in accordance with the terms and conditions set forth in the Chainstack Privacy Policy, available at the Chainstack website at https://chainstack.com/privacy/.
    2. Customer’s Responsibility. It is the sole responsibility of Customer to acquaint themselves with the terms and conditions of data processing set forth in the Chainstack Privacy Policy and to determine whether such terms and conditions referenced therein comply with the Customer’s requirements.
    3. Use of Anonymized Data. Chainstack may anonymize Customer’s data and use it in an anonymized form to improve the quality of Chainstack Services and to publish it to clarify or respond to Customer’s Claims or to support other customers.
    4. CONFIDENTIALITYConfidential Information. Customer when sending Claims or Service Credits redemption requests may disclose to Chainstack certain information regarding the Customer’s business, including without limitation, technical, marketing, financial, employee, planning, and other confidential or proprietary information whether disclosed orally, in writing or visually, that is either marked or designated as confidential or is identified in writing as confidential at the time of disclosure or which Chainstack knew or should have known, under the circumstances, was considered confidential or proprietary by Customer (“Confidential Information”).
    5. Use and Disclosure of Confidential Information. Chainstack shall use the Confidential Information solely for the purpose of this Agreement, and for no other purpose, and Chainstack shall keep the Confidential Information secret and confidential, and not disclose, communicate, or otherwise make known to any person any part of the Confidential Information without the prior written consent of Customer, which Customer may give or to decline to give in its discretion.
    6. Exception. If any Confidential Information is required to be disclosed by a judicial or governmental order, Chainstack will promptly notify Customer and take reasonable steps to assist in contesting such order or in protecting Customer’s rights prior to disclosure.
    7. INTELLECTUAL PROPERTYBackground Intellectual Property. The Parties shall retain all rights to intellectual property owned by the Parties before the conclusion of this Agreement.
    8. Grant of License. Customer agrees to grant Chainstack an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right to use information from Customer’s Claims to improve the quality of Chainstack Services and to publish it, subject to restrictions related to Confidential Information, to clarify or respond to Customer’s Claims or to support other customers.
  12. CHANGES

    Chainstack reserves the right, as reasonably necessary or convenient for Chainstack’s own purposes, to: (a) improve the quality of service to the Customer; (b) change rules of operation, identification procedures, policies, types of equipment utilized by Chainstack at its cloud infrastructure, system interfaces, and operating and other system and network software and utilities upon thirty (30) days’ advance notice to the Customer; and (c) implement enhancements or updates to the Chainstack Service.

  13. MISCELLANEOUS
    1. Governing Law; Jurisdiction. This SLA and any action related thereto will be governed and interpreted by and under the laws of the Republic of Singapore. Each party hereby consents to the personal jurisdiction and venue in the courts of Singapore. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
    2. Entire Agreement. This SLA constitutes the entire understanding and agreement by and between the Parties with respect to the subject matter hereof and supersedes all prior written and oral and all contemporaneous oral agreements and understandings with respect to the subject matter hereof.
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