This SaaS Service Level Agreement (“SLA”) sets out the agreed service level for the Subscription Items provided by Cognite on a subscription basis as software-as-a-service to the Customer, as specified in the applicable Subscription Order Form ("Service Level").
This SLA is subject to and is an integral part of the Subscription Agreement. Capitalized terms used but not defined in this SLA shall have the meaning set out below, in the Subscription Order Form and in the Master Subscription Agreement. This SLA constitutes the Customer's sole and exclusive remedy for any failure by Cognite to meet the Service Level.
1. Availability
Cognite shall make commercially reasonable efforts to ensure availability* of at least 99.5% of the Subscription Items subscribed to by Customer under the Subscription Order Form.
2. Back-up
Cognite shall make commercially reasonable efforts to run backup of data once per business day for all resource types, and once per week for time series and sequences. Further information about resource types, time series, and sequences is available here: https://docs.cognite.com/dev/concepts/resource_types/.
Back-up restore is performed by Cognite after an incident caused by circumstances outside the Customer’s control. The Customer may have to reload data if data was extracted to the Subscription Items after the point in time that the backup was restored to. Upon request, Cognite may assist the Customer with backup restore in other cases subject to payment for such assistance at Cognite’s then-current rates.
3. Maintenance
To keep the Subscription Items running smoothly, software updates are continuously released and maintenance is performed when deemed necessary by Cognite. Updates are considered part of the continuous platform operation and do not require announcements to or approval from the Customer.
During maintenance, the Subscription Items, or parts thereof, may become unavailable to the extent necessary for the adequate performance of maintenance. Unavailability or downtime due to planned maintenance shall not constitute a breach of Service Level in Section 2, or entitle the Customer to Service Credits.
Maintenance will be announced at least two weeks in advance in appropriate channels. Exceptions can be made at the discretion of Cognite in case of urgent security updates, critical production issues, or severe security threats.
4. Cognite Support
4.1 Support Portal
Cognite’s support service desk ("Cognite Support") is available 24 hours per day, 7 days per week, and 365 days per year via the support portal available at https://support.cognite.com (“Support Portal”). The Customer's requests to the Support Portal and support provided by Cognite Support shall be in English, Norwegian, or Japanese. The Customer shall be responsible for organizing and training a first-line support team that shall have the sole interface with Cognite Support.
If Cognite, following an assessment of a request in the Support Portal, determines that a reported issue was caused by the Subscription Items, Cognite Support will resolve the issue in accordance with Section 4. If Cognite determines that the reported issue was not caused by the Subscription Items, Cognite shall inform the Customer thereof without undue delay. Cognite will have no obligation to resolve such issues. Upon request, Cognite may assist Customer with resolving issues not covered by this SLA subject to payment for such assistance at Cognite’s then-current rates.
4.2 Severity
All requests to the Support Portal are classified with a severity level set by the submitter. Cognite reserves the right to re-classify a request to the appropriate severity level with retroactive effect, after consultation with the Customer.
If Cognite provides a workaround solution that temporarily enables the Customer's business to substantially function with minor or no impediments, the severity level shall not be higher than level C.
4.3 Response and resolution times
The following response and resolution time objectives apply to Cognite Support’s first response to, and resolution of, issues caused by the Subscription Items:
5. Service Credits
If a Subscription Item subscribed to by Customer under the Subscription Order Form does not meet the required Service Level and the unavailability negatively impacts the operations of the Customer, the Customer shall be entitled to compensation in the form of service credits as set out in the table below ("Service Credits").
Service Credits shall amount to a percentage of the monthly fees for the relevant Subscription Item (Service Credit %). Such percentage is dependent on the monthly availability of the Subscription Item in question (monthly availability %). Service Credits are credited to future invoices.
In order for the Customer to be entitled to Service Credits under this SLA, the Customer shall submit a request for Service Credits via a standard request form (the "Service Credit Form"). A fully executed Service Credit Form shall be submitted by the Customer to its designated Cognite account manager within 30 days after the end of the month when the Customer experienced the breach of Service Level. If the Customer does not submit the Service Credit Form within the required timeframe set out herein, the Customer shall not be entitled to any Service Credits for the breach of Service Level. Upon Customer’s request, Cognite shall swiftly provide Customer with a copy of the Service Credit Form.
The maximum aggregate number of Service Credits issued by Cognite to Customer for all breaches of Service Level in a single month shall not exceed 25% of the amount due from the Customer for the Subscription Item for that applicable month.
6. Exclusions
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
- Due to factors outside of Cognite’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or internet service provider or cloud vendor failures or delays);
- That results from the use of services, hardware, or software not provided by Cognite, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
- Caused by the Customer´s use of a Subscription Item after Cognite advised the Customer to modify their use of the Subscription Item if the Customer did not modify its use as advised;
- During or with respect to preview, pre-release, beta, or trial versions of a Subscription Item, feature, or software;
- That results from the Customer´s unauthorized action or lack of action when required, or from the Customer's employees, agents, contractors, or vendors, or anyone gaining access to Cognite’s Subscription Item by means of the Customer´s passwords or equipment, or otherwise resulting from the Customer's failure to follow appropriate security practices;
- That results from the Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or the Customer’s use of the Subscription Item in a manner inconsistent with the features and functionality of the Subscription Item (for example, attempts to perform operations that are not supported) or inconsistent with our communicated guidance;
- That results from faulty input, instructions, or arguments;
- That results from the Customer’s attempts to perform operations that exceed prescribed quotas or that resulted from Cognite’s throttling of suspected abusive behavior;
- Due to the Customer’s use of Subscription Item features that are outside of associated support windows or impact the availability of the Subscription Items; or
- For licenses reserved, but not paid for, at the time of the incident.
*The availability of the Subscription Items is calculated as the number of successful responses (any response that does not have an https status code of 5xx or 429) from the Subscription Items divided by the number of valid requests (any request that does not result in an https status code of 429) submitted to the Subscription Items during a calendar month, corrected for planned maintenance (which shall not count as unavailability) and full downtime (which shall count as unavailability in addition to the above measurement).