Service Level Agreement

PureNodal Network Service Level Agreement

Last Updated: October 1, 2024

This PureNodal Network Level Agreement (this “SLA”) is a policy governing the use of PureNodal Network and applies separately to each account using PureNodal Network. In the event of a conflict between the terms of this SLA and the terms of the PureNodal Customer Agreement or other agreement 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.

*For purposes of this SLA, PureNodal Network attachments include any WAN connection or connectivity and external / public IP address provided to you by PureNodal.

SLA

When one or more PureNodal Network attachments are connected to a VPC, PureNodal will use commercially reasonable efforts to make each PureNodal Network attachment available with an Uptime Percentage as shown in the table below during any monthly billing cycle:

SLA Credits

Service Credits are calculated as a percentage of the monthly billing cycle for the applicable PureNodal Network attachments that did not meet the SLA.

We will apply any Service Credits only against future PureNodal Network payments otherwise due from you. At our discretion, we may issue the Service Credit to the method 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 PureNodal. A Service Credit 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

To receive a Service Credit, you must submit a claim by sending an email with the details of the request to [email protected]. Your credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include the information specified below.

SLA requests must include:

1. the words “PureNodal Network SLA Credit Request” in the subject line;
2. the dates and times of each Unavailability incident that you are claiming;
3. the affected VPC ID and / or IP address for the affected PureNodal Network attachment; and
4. your request logs and other data necessary for PureNodal to validate your claimed outage**.

 ** Please replace any confidential or sensitive information with asterisks.

If a claim is confirmed by us as valid, we will issue you a Service Credit within one billing cycle following the month in which your request is confirmed by us.

Your failure to provide the requested and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and PureNodal’ sole and exclusive obligations, for any unavailability, non-performance, or other failure by us to provide PureNodal Compute.

PureNodal Network SLA Exclusions

The SLA does not apply to any unavailability, suspension or termination of PureNodal Network, or any other PureNodal Network performance issues, directly or indirectly: (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 PureNodal Network; (ii) that result from any actions or inactions by you (e.g., misconfiguring the network, network policy tables, VPC security groups, VPC route tables, VPC configurations, or any credential settings, etc.); (iii) that result from your equipment, software or other technology; (iv) that result from you not following the guidelines; or (v) arising from our suspension or termination of your right to use PureNodal Network in accordance with the Agreement (collectively, the “PureNodal Network SLA Exclusions”). If availability is impacted by factors other than those used in our Uptime Percentage calculation, as applicable, then we may issue a Service Credit considering such factors at our discretion.

SLA Definitions

• “Site” means an isolated location within an PureNodal area identified by a city name (e.g., Kansas City, Fort Worth, etc.).
• “Uptime Percentage” is calculated by subtracting from 100% the percentage of the monthly billing cycle in which the applicable PureNodal Network attachment was in the state of Unavailability. If the applicable PureNodal Network attachment has only been configured for part of the month, the PureNodal Network attachment is assumed to be 100% available for the portion of the month that it was not configured.
• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
• “Unavailable” and “Unavailability” mean:
  • When all attempts to connect to and from a VPC through all PureNodal Network attachments fail for a period of greater than 120 consecutive seconds.