Amazon EKS Service Level Agreement

This Amazon EKS Service Level Agreement ("SLA") is a policy governing the use of the Amazon Elastic Container Service for Kubernetes (“Amazon EKS”) and applies separately to each account using Amazon EKS. 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. (Note: The Service Level Agreement for AWS Fargate for Amazon EKS is in the Amazon Compute Service Level Agreement (as may be updated).)

AWS will use commercially reasonable efforts to make the Kubernetes endpoint for an Amazon EKS Cluster available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the "Service Commitment"). In the event Amazon EKS does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.

Service Credits are calculated as a percentage of the charges paid by you for the EKS Cluster(s) that did not meet the Monthly Uptime Percentage commitment in a billing cycle in accordance with the schedule below.

We will apply any Service Credits only against future Amazon EKS 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 unavailability 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 or non-performance or other failure by us to provide Amazon EKS is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

To receive a Service Credit, you will need to 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:

• the words "SLA Credit Request" in the subject line;
• the billing cycle and AWS regions with respect to which you are claiming a Service Credit, together with the dates and times of each Monthly Uptime Percentage and Availability breakdown you are claiming;
• the EKS Clusters and the AWS regions of the affected EKS Cluster endpoints; and
• 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 of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon EKS, or any other Amazon EKS 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 Amazon EKS; (ii) that result from any voluntary actions or inactions from you (e.g., restarting a cluster, updating cluster version, updating cluster configuration, disabling security groups, changing or misconfiguration of VPC settings, etc.); (iii) caused by open source orchestration software that leads to repeated EKS Cluster crashes or an inoperable EKS Cluster (e.g., un-documented bugs in Kubernetes source code); (iv) that result from your equipment, software or other technology or (v) arising from our suspension or termination of your right to use Amazon EKS in accordance with the Agreement (collectively, the "Amazon EKS 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. Availability of EC2 instances attached to an EKS Cluster are covered under the Amazon Compute SLA.

• “EKS Cluster” means the EKS cluster control plane run by AWS.
• “Monthly Uptime Percentage” for a given EKS Cluster is calculated by subtracting from 100% the percentage of 5-minute intervals during the monthly billing cycle in which the EKS Cluster endpoint was Unavailable. If you have been running that EKS Cluster for only part of the month, your EKS Cluster is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Amazon EKS SLA Exclusion.
• 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 that all connection requests to the applicable EKS Cluster’s Kubernetes endpoint fail during a 5-minute interval.