Prior Version(s) of AWS CloudHSM Service Level Agreement – Not Currently In Effect

This AWS CloudHSM Service Level Agreement (“SLA”) is a policy governing the use of AWS 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.

Service Commitment

AWS will use commercially reasonable efforts to make Multi-AZ AWS CloudHSM clusters available with the applicable Monthly Uptime Percentage during any monthly billing cycle (the “Service Commitment”). In the event Multi-AZ AWS CloudHSM clusters do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for AWS CloudHSM for the billing cycle in which the error occurred in accordance with the schedule below.

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. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

1. the words “SLA Credit Request” 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 Multi-AZ 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 the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than the applicable Service Commitment, 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 request and other information as required above will disqualify you from receiving a Service Credit.

AWS CloudHSM SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of AWS CloudHSM, or any other AWS CloudHSM performance issues: (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 AWS CloudHSM; (ii) that result from any voluntary actions or inactions from you or any third party; (iii) that result from client-side misconfigurations; (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); or (v) arising from our suspension and termination of your right to use AWS CloudHSM in accordance with the Agreement (collectively, the “AWS CloudHSM SLA Exclusions”). If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Definitions

• “Monthly Uptime Percentage” for a given AWS CloudHSM Multi-AZ cluster is calculated by subtracting from 100% the percentage of 1 minute periods during the monthly billing cycle in which every HSM in the Multi-AZ cluster was "Unavailable". If you have been running that Multi-AZ cluster for only part of the month, your Multi-AZ cluster is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AWS CloudHSM SLA Exclusion.
• "Multi-AZ cluster" means a properly configured and initialized CloudHSM cluster with at least 2 active HSMs spread across at least 2 availability zones in the region.
• “Service Credit” means a dollar credit, calculated as set forth above, that we may credit back to an eligible AWS CloudHSM account.
• "Unavailable" means that all cryptographic and management operation requests to all HSMs in the running Multi-AZ AWS CloudHSM cluster fail during a 1 minute period.