Amazon Managed Streaming for Apache Kafka (MSK) - Service Level Agreement

This Amazon Managed Streaming for Apache Kafka (“Amazon MSK”) Service Level Agreement (“SLA”) is a policy governing the use of Amazon MSK Multi-AZ Deployments and applies separately to each account using Amazon MSK. 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.

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

Service Credits are calculated as a percentage of the total charges paid by you for Amazon MSK in the AWS region affected for the monthly billing cycle in which the Monthly Uptime Percentage for a given AWS region fell within the ranges set forth in the table below.

We will apply any Service Credits only against future payments otherwise due from you for Amazon MSK. At our discretion, we may issue the Service Credits to the credit card you used to pay for the billing cycle in which Amazon MSK Multi-AZ Deployments did not meet the Service Commitment. Service Credits will not entitle you to any refund or other payment from AWS. Service Credits 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 Amazon MSK is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

To receive Service Credits, 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 billing cycle and AWS region with respect to which you are claiming Service Credits, together with the specific dates, times and the Availabilities for each 5-minute interval with less than 100% Availability in that AWS region throughout the billing cycle;

3. your request logs that document the claimed incident(s) when an Amazon MSK Multi-AZ Deployment(s) did not meet the Service Commitment (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and

4. the Amazon MSK cluster ARN of each affected cluster.

If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon MSK, or any other Amazon MSK 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 MSK; (ii) that result from any actions or inactions from you or any third party; (iii) that result from you not following the basic operational guidelines described in the Amazon MSK User Guide (e.g., overloading one or more brokers to the point they are inoperable, using an excessively large number of partitions, using insufficient capacity, etc.); (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 not using a Multi-AZ Deployment within Amazon MSK;(vi) arising from our suspension or termination of your right to use Amazon MSK in accordance with the Agreement; or (vii) caused by the underlying Apache Kafka or Apache Zookeeper engine software that leads to Request failures (collectively, the “Amazon MSK SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of Monthly Uptime Percentage, then we may issue a Service Credit considering such factors at our discretion.

• “Availability” means the percentage of all Requests processed by your Amazon MSK account during each 5-minute interval that do not fail with Errors. If you did not make any Requests in a given 5-minute interval, that interval is assumed to have 100% Availability.

• An “Error” is any Amazon MSK API Request that returns a 500 or 503 error code, as described in the Amazon MSK Common Errors page on the AWS Site, any Apache Kafka API Request that returns the 2, 8, 9, 15, 56, 72 error codes, or an Apache Kafka API Request that upon retry returns the 19 and 20 error codes as described in the Apache Kafka site (https://kafka.apache.org/protocol.html#protocol_error_codes).

• “Monthly Uptime Percentage” is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle for a given AWS region. The calculation of Monthly Uptime Percentage will not include unavailability that arises directly or indirectly as a result of any Amazon MSK SLA Exclusion.

• A “Request” is a customer-initiated action of a type specifically listed as being supported by Amazon MSK in the AWS user documentation on the AWS Site (https://docs.aws.amazon.com/msk/1.0/apireference/index.html) and the Apache Kafka Reference Documentation on the Apache Kafka site (https://kafka.apache.org/documentation/).

• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible Amazon MSK account.

• A “Multi-AZ Deployment” is an Apache Kafka topic with a replication factor of at least two, and the same Apache Kafka topic with partition replicas in a different AWS availability zone than the lead replica.