Dcirrus Service Level Agreement ("SLA") is a policy governing the use of the Services by you or the entity you represent ("you") under the terms of the Dcirrus ("Dcirrus Terms") between Dcirrus Inc. and its affiliates ("Dcirrus", "us" or "we") and you. The SLA is subject to the Dcirrus Terms and capitalized terms will have the meaning as specified in Dcirrus Terms. We reserve the right to change the terms of the SLA at any time.
Dcirrus will use commercially reasonable efforts to make its Services available with a Monthly Uptime Percentage of at least 99.99% in each case during any monthly billing cycle ("Service Commitment"). In the event any of the Services do not meet the Service Commitment, you will be eligible to receive a Service Credit in terms of additional data storage as mentioned below.
The Service Commitment does not apply to any unavailability, suspension or termination:
(i) That result from a suspension described in Dcirrus Terms.
(ii) Caused by factors outside of our reasonable control including any force majeure event or Internet access or related problems beyond the demarcation point of Dcirrus.
(iii) That result from any actions or inactions of you or any third-party including failure to acknowledge a recovery volume.
(iv) That result from your equipment, software or other technology and/or third-party equipment, software or other technology (other than third-party equipment within our direct control).
(v) That result from any maintenance as provided for pursuant to the Dcirrus Terms.
(vi) Arising from our suspension and termination of your right to use Dcirrus in accordance with the Dcirrus Terms (collectively, "Dcirrus Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation then we may issue a Service Credit considering such factors at our discretion.
(vii)The SLA is applicable only to paid users and not to free users.