SUPPORT
AND
SERVICE LEVEL AGREEMENT
This Exhibit defines the Support terms and Service Level Agreement (“SLA”) between RisingWave and Customer.
This Exhibit does not apply to No-Fee Service.
1. Definitions. All capitalized terms not defined below shall have the meaning in the RisingWave Cloud Terms.
1.1. “Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 5-minute periods
during the Service Year in which Service was in the state of “Service Unavailable.” If Customer has been
using Services for less than 365 days, Customer’s Service Year is still the preceding 365 days but any days
prior to Customer’s use of the service will be deemed to have had 100% Service Availability. Any
downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual
Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA
Exclusion (defined below).
1.2. “Error(s)” means any verifiable and reproducible failure of the Service to materially conform to the
specifications in the Documentation unless such failure (a) results from Customer’s misuse or improper
use of the Service; (b) does not materially affect the operation and use of the Service; (c) results from the
modification by Customer or any third party of the Service in a fashion not contemplated by the
Agreement; (d) results from Customer’s failure to implement in a timely manner any improvements or
modifications to the Service provided to Customer; (e) results from Customer’s failure to use minimum
system configurations as stated in the Documentation, or (f) results from hardware, software, internet
access, cloud services and all other systems and infrastructure Customer is responsible to provide for
using the Services.
1.3. “Eligible Credit Period” is a single month in which the most recent Unavailable event in the SLA claim
occurred.
1.4. “Response Time” The Response Time is the time to an acknowledgement to Customer of the service
request.
1.5. “Service Credit” is a dollar credit that RisingWave may credit back to Customer under a Sales Order for
Services.
1.6. “Service Unavailable” means that access to the Service is “Unavailable” to Customer.
1.7. “Service Year” is the preceding 365 days from an SLA claim.
1.8. “Critical” means the applicable Service is non-functional or inoperative causing a severe impact on
customer's business operations, with no workaround available.
1.9. “High” means important features are unavailable causing significant or ongoing interruptions of use of
critical functions with no acceptable workaround available.
1.10. “Medium” means important features are unavailable but workaround is available, causing minor or no
interruptions of customer's business operations.
1.11. “Low” means any general questions, enhancement requests, or minor issues causing little or no
interruptions on customer's business operations.
1.12. “Workaround” means a temporary solution to an Error that RisingWave has implemented, or enabled
Customer to implement and that allows the Service to regain functionality under the Documentation.
1.13. “Unavailable” means the Service may not be accessed or is severely restricted for a period of over 5
minutes due to circumstances within RisingWave’s control.
2. Support Services.
2.1 Support. RisingWave shall provide Support at the tier specified in the applicable Order. These Support
tiers are described as follows:
Support Tier
Community
Standard
Premium
Service Hours
8x5 (9am-5pm PT)
12x5 (6am-6pm PT)
24x7
Response Time
Critical
Best Effort
4 hours
1 hour
High
Best Effort
12 hours
4 hours
Medium
Best Effort
24 hours
12 hours
Low
Best Effort
48 hours
24 hours
Dedicated Slack Channel
-
-
Yes
Max Technical Contacts
-
2
8
Named Support Engineer
-
-
Yes
Solution Engineer Access
-
2 Hours/Month
8 Hours/Month
a) Resolution. No resolution time is provided, however RisingWave shall work expeditiously to resolve
and/or implement Workarounds for any critical or high support requests. RisingWave shall use its sole
reasonable discretion when categorizing support requests.
b) Exclusions from Support Services. RisingWave shall have no obligation to provide support services for
Services for any Customer hardware, software, or third party services and systems, such as cloud
testing serviced used by Customer for use of the Service or for any failure or defect in the Services
caused by: (i) the improper use, alteration, or damage of the Services by Customer or persons not
authorized by RisingWave; (ii) modifications to the Services not provided or approved in writing by
RisingWave; (iii) hardware, applications or other software not provided or approved in writing by
RisingWave or that do not meet minimum configuration requirements as stated in the Documentation;
(iv) hardware or internet failures.
c) Additional Services. If RisingWave performs services at Customer’s request beyond the support
services in this exhibit, Customer shall be billed at RisingWave’s then current charges for such services.
RisingWave shall be under no obligation to provide any such services.
2.2 Customer Responsibilities.
a) Errors. Customer agrees to notify RisingWave in writing promptly following the discovery of any Error
via contact@risingwave-labs.com. or dedicated Slack channel if applicable. Upon discovery of an Error
by Customer, Customer agrees, if requested by RisingWave, to submit promptly to RisingWave a listing
of output and any other data, including the operating conditions under which the Error occurred or
was discovered, that RisingWave may reasonably require to reproduce the Error. Such listings, data,
and requested information shall be deemed RisingWave’s Confidential Information.
b) Point of Contact. Customer shall promptly identify technical contacts prior to the start of Services.
Customer may change technical contacts no more than once per calendar quarter.
3. Service Commitments and Service Credits
3.1 RisingWave will use commercially reasonable efforts to make Services available with an Annual
Uptime Percentage (defined below) of at least 99.9% during the Service Year excluding planned maintenance. In
the event the Service does not meet the Annual Uptime Percentage commitment, Customer will be eligible to
receive a Service Credit as described below.
3.2 If the Annual Uptime Percentage for a customer drops below 99.9% for the Service Year, that
customer is eligible to receive a Service Credit equal to 2% of ratable License Fee for the Eligible Credit Period. To
file a claim, a customer does not have to have wait 365 days from the day they used the Service or 365 days from
their last successful claim. A customer can file a claim any time their Annual Uptime Percentage over the trailing
365 days drops below 99.9% to a maximum of 10% of an annual service credit.
3.3 RisingWave will apply any Service Credits against future payments otherwise due from Customer and
then at renewal of the Services. Service Credits shall only entitle Customer to a refund if and when the Service is
not renewed. Service Credits may not be transferred or applied to any other account, or Order. Customer’s sole
and exclusive remedy for any unavailability of the Services is the receipt of a Service Credit under the terms of this
SLA.
4. Services Credit Request and Payment Procedures
4.1 To receive a Service Credit, Customer must submit a request by sending an e-mail message to
contact@risingwave-labs.com. To be eligible, the credit request must (i) include Customer’s account name in the
subject of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident of Service
Unavailable that Customer claims to have experienced; (iii) include Customer’s server request logs that document
the errors and corroborate Customer’s claimed outage (any confidential or sensitive information in these logs
should be removed or replaced with asterisks); and (iv) be received by RisingWave within thirty (30) business days
of the last reported incident in the SLA claim. If the Annual Uptime Percentage of such request is confirmed by
RisingWave and is less than 99.9% for the Service Year, then RisingWave will issue the Service Credit to Customer
within one billing cycle following the month in which the request occurred. Customer’s failure to provide the
request and other information as required above will disqualify Customer from receiving a Service Credit,
5. SLA Exclusions
5.1 The Service Commitment does not apply to any suspension or termination of Services or any other
Services performance issues: (i) caused by factors outside of RisingWave’s reasonable control, including any force
majeure event or Internet access or related problems beyond the demarcation point of the Services; (ii) that result
from any actions or inactions of Customer or any third party; (iv) that result from Customer’s equipment, software
or other technology and/or third party equipment, software or other technology (other than third party
equipment within RisingWave’s direct control); (v) that result from failures of individual instances not attributable
to Services Unavailability; or (vi) arising from RisingWave’s suspension and termination of Customer’s right to use
the Services (collectively, the “SLA Exclusions”). If availability is affected by factors other than those explicitly listed
in this agreement, RisingWave may issue a Service Credit considering such factors in RisingWave’s sole discretion.