Cognite Solutions Service Level Agreement (SLA)

LAST REVIEWED AND UPDATED ON JUNE 16, 2022

This Solutions Service Level Agreement (“SLA”) sets out the agreed service level for Customer’s Solution Support Subscription under the Subscription Agreement entered into with Cognite (“Service Level”).

This SLA is subject to and an integral part of the Subscription Agreement. Capitalized terms used but not defined in this SLA shall have the meaning set out in Section 5 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.

For the avoidance of doubt, the separate Cognite SaaS SLA (available at: content.cognite.com/en/legal/cognite-saas-service-level-agreement-sla) applies to any agreed support of Cognite Data Fusion and Cognite Applications.

1. SCOPE

Provided that the prerequisites set out in Section 2 are met, Cognite shall:

  • Provide hosting, bug fixes, security and compatibility updates, and disaster recovery, for each Component; and
  • Ensure that the Components are available to provide for the functionality of the Solution set out in the Statement of Work in the Service Agreement between the Parties.
If the Customer wishes to take over the operations and support of the Solution from Cognite to perform this themselves or through a Cognite certified partner at the expiry of the Initial Subscription Period or a Renewal Subscription Period, Customer must terminate the Solution Support Subscription by opting out of auto-renewal as further set out in the Subscription Order Form.

For the avoidance of doubt, the implementation of new features (change requests) is not in the scope of the Customer’s Solution Support Subscription, unless explicitly stated otherwise in the Subscription Agreement. 

2. PREREQUISITES

For this SLA to apply to a Solution, the following prerequisites shall be met:
  • The Customer has completed the Signoff of the Solution under the Service Agreement as further specified therein;
  • The Solution has passed a technical review by Cognite, and the results thereof are documented for each Component;
  • All Components of the Solutions, code and deployment pipelines are hosted by Cognite;
  • The Customer has appointed a product owner and/or service manager to serve as change authority and to connect the support team to business process and technical expertise when required to resolve an issue.

3. 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.  Downtime of on-premise software (e.g. extractors) are excluded from this SLA.

4. MAINTENANCE

To keep the Solution running smoothly, software updates are continuously released and maintenance is performed when deemed necessary by Cognite. These updates will not be announced or require the approval of the Customer. During maintenance, the Solution, or parts thereof, may become unavailable to the extent necessary for adequate performance of maintenance. Such unavailability does not entitle the Customer to Service Credits.  Cognite shall provide reasonable notice prior to maintenance.  Exceptions can be made at the discretion of Cognite in case of urgent security updates, critical production issues or severe security threats.

5. COGNITE SUPPORT

5.1 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”).  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.

5.2 Severity, response and resolution time

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. 

 Severity 

 Description

 Response Time

 Resolution Time

A

The Solution has significant loss or degradation of functionality and requires immediate attention. Workarounds do not exist or cannot be utilized.

 15 minutes

 8 Business 

 Hours

B

The Solution has moderate loss or degradation of functionality, but work can reasonably continue in an impaired manner. Workarounds exist and can be utilized.

 60 minutes

 16 Business   Hours

C

The Solution is substantially functioning with minor or no impediments.

 4 Business   Hours

 4 business weeks

The Solution is functioning well and the Ticket is a question or inquiry of administrative nature.

 8 Business   Hours

 Reasonable effort

If Cognite provides for a workaround solution, the severity level shall not be higher than C.

5.3 Severity, response and resolution time

If the Solutions do not meet the required Service Level and the downtime negatively impacts the operations of the Customer, the Customer shall be entitled to a compensation in the form of service credits as set out in the table below ("Service Credits"). The Service Credits are only applicable for the Solution(s) subject to the Solution Support Subscription as set out in the Subscription Agreement.

Service Credits shall amount to a percentage of the monthly fees for the Solution Support Subscription (Service Credit %). Such percentage is dependent on the monthly availability of the Solution (monthly availability %). Service Credits are credited to future invoices.

 Monthly availability % 

 Service Credit % 

 > 99,5% (agreed Service Level) 

 0%

 95% - 99,5%

 25% 

 < 95%

 50% 

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 their Cognite Account Manager within 30 days after the end of the month when the Customer experienced the downtime. 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 experienced downtime. The Service Credit Form shall be provided to the Customer by a designated account manager from Cognite upon request from the Customer.

The maximum aggregate number of Service Credits issued by Cognite to Customer for all downtime in a single month shall not exceed 50% of the amount due from the Customer for the Solution 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 result 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 Solution after Cognite advised the Customer to modify their use of the Solution, if the Customer did not modify their use as advised;
  • During or with respect to preview, pre-release, beta or trial versions of a Solution, feature or software;
  • That result 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 Solution by means of the Customer´s passwords or equipment, or otherwise resulting from the Customer´s failure to follow appropriate security practices;
  • That result 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 Solution in a manner inconsistent with the features and functionality of the Solution (for example, attempts to perform operations that are not supported) or inconsistent with our communicated guidance;
  • That result from faulty input, instructions, or arguments;
  • That result 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 Solution features that are outside of associated support windows; or
  • For licenses reserved, but not paid for, at the time of the incident. 
  • In addition to the above, failures caused by systems and/or data outside of the Components are excluded from  this SLA.

7. DEFINITIONS

Business Days” mean all Gregorian calendar days other than Saturdays, Sundays and public holidays in Norway.

Business Hours” mean the hours between 0900 and 1700 Central European Standard Time (GMT+1), on all Business Days.

Components” mean the different technical parts of the Solution that are under Cognite’s control, such as, but not limited to, code and deployment pipelines developed and maintained by Cognite, approved third party software, standalone scripts, dedicated application(s) and user interface(s) that run on Cognite infrastructure.

Signoff” has the meaning set out in the Service Agreement between the Parties (the PSA Section 1.2)

Solution” means the solution subject to the Solution Support Subscription as specified in the Subscription Agreement.

*Unless otherwise is agreed in the Subscription Order Form, the availability of the Solution is calculated as the number of successful responses (any response that does not have a https status code of 5xx or 429) from the Solution divided by the number of valid requests (any request that does not result in a https status code of 429) submitted to the Solution during a calendar month.