AWS CloudHSM Service Level Agreement

This AWS CloudHSM Service Level Agreement (“SLA”) is a policy governing the use of AWS CloudHSM (“CloudHSM”) and applies separately to each account using AWS CloudHSM. In the event of a conflict between the terms of this SLA and the terms of the AWS 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.

SLAs

AWS makes two SLA commitments for AWS CloudHSM: (1) a Multi-AZ CloudHSM SLA that governs Multi-AZ CloudHSM Clusters, and (2) a Single CloudHSM SLA that governs CloudHSM clusters individually.

Multi-AZ CloudHSM SLA

AWS will use commercially reasonable efforts to make Multi-AZ CloudHSM Clusters available with the applicable Monthly Uptime Percentage as shown in the table below during any monthly billing cycle (the “Multi-AZ CloudHSM SLA”).

Single CloudHSM SLA

AWS will use commercially reasonable efforts to make Single CloudHSM Clusters available with the applicable Single CloudHSM Cluster Uptime Percentage as shown in the table below during any monthly billing cycle (the “Single CloudHSM SLA”):

Service Credits are calculated as a percentage of the total charges paid by you for the applicable CloudHSM Cluster(s) for the monthly billing cycle in which the SLA, as applicable, was not met.

We will apply any Service Credits only against future AWS CloudHSM payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the error occurred. Service Credits will not entitle you to any refund or other payment from AWS. 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. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide AWS CloudHSM is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the AWS Support Center.  You may not combine or stack claims under the Multi-AZ CloudHSM SLA and the Single CloudHSM SLA for a particular Single CloudHSM Cluster. Your 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 for the applicable SLA:

1. the words “SLA Credit Request – CloudHSM” in the subject line;
2. the dates and times of each Unavailability incident you are claiming;
3.  the AWS region and AWS Cluster ID(s) of the affected CloudHSM Cluster(s); and
4. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If a claim under the applicable SLA is confirmed by us, then we will issue the Service Credit to you 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.

CloudHSM SLA Exclusions

The respective SLAs do not apply to any unavailability, suspension or termination of CloudHSM, or any other CloudHSM 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 CloudHSM; (ii) that result from any voluntary actions or inactions from you; (iii) that result from client-side misconfigurations; (iv) that result from your equipment, software or other technology; or (v) arising from our suspension and termination of your right to use CloudHSM in accordance with the Agreement. If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage and Single CloudHSM Cluster Uptime Percentage calculations, then we may issue a Service Credit considering such factors at our discretion.

Definitions

• "Availability Zone" and “AZ” mean an isolated location within an AWS region identified by a letter identifier following the AWS region code (e.g., us-west-1a).
• “Monthly Uptime Percentage” for a given Multi-AZ CloudHSM Cluster is calculated by subtracting from 100% the percentage of 1-minute intervals during the monthly billing cycle in which every HSM in the Multi-AZ CloudHSM Cluster was “Unavailable.” If you have been running that Multi-AZ CloudHSM Cluster for only part of the month, your Multi-AZ CloudHSM Cluster is assumed to be 100% available for the portion of the month that it was not running.
• “Multi-AZ CloudHSM Cluster” means a properly configured and initialized CloudHSM cluster with at least two active HSMs spread across at least two AZs.
• “Service Credit” means a dollar credit, calculated as set forth above, that we may credit back to an eligible CloudHSM account.
• “Single CloudHSM Cluster” means a properly configured and initialized CloudHSM cluster with one or more active HSMs.
• “Single CloudHSM Cluster Uptime Percentage” for a given Single CloudHSM Cluster is calculated by subtracting from 100% the percentage of 1-minute intervals during the monthly billing cycle in which the Single CloudHSM Cluster was “Unavailable”. If you have been running that Single CloudHSM Cluster for only part of the month, your Single CloudHSM Cluster is assumed to be 100% available for the portion of the month that it was not running.
• “Unavailable” and “Unavailability” mean
  • For the Multi-AZ CloudHSM Cluster SLA, that all cryptographic and management operation requests to all HSMs of a Multi-AZ CloudHSM Cluster running in at least two AZs fail during a one-minute interval.
  • For the Single CloudHSM Cluster SLA, that all cryptographic and management operation requests to a Single CloudHSM Cluster fail during a one-minute interval.

 

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