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This Solace PubSub+ Cloud Service Level Agreement (this “SLA”) is our SLA governing the use of the Services (defined below) by you or the entity you represent (“you” or “Customer”) under the terms of the Solace PubSub+ Cloud Terms of Service (the “Terms of Service”) between Solace Corporation (“Solace”, “us” or “we”) and you. This SLA applies separately to each account using the Services. Unless otherwise provided herein, this SLA is subject to the Terms of Service and capitalized terms will have the meaning specified in the Terms of Service. We reserve the right to change the terms of this SLA in accordance with the Terms of Service.

  1. Support Services. During the Subscription Term, Customer will have access to Support Services in accordance with the Support Terms. “Support Terms” means the terms provided by Solace, or an authorized support partner, to Customer and which are available at https://solace.com/support/.
  2. Limitations. Solace shall not be responsible for providing Support Services for software, firmware, hardware not supplied by Solace. Services described herein do not include any support of any failure or defect in the Services solely caused by Customer, or if any Services (or any component of the foregoing) has been used in a manner not materially conforming to the requirements or suggestions in Documentation or in this SLA, or if any Services (or any component of the foregoing) is used by Customer on an unsupported platform or hardware or has been altered or modified by Customer without Solace’s approval or otherwise in a manner reasonably contemplated by this SLA.
  3. Service Level Commitment
    • a) Service Level. During the Term, Solace agrees that the online components of Solace PubSub+ Cloud will be operational and available to Customer as follows:
      ComponentConfigurationService Level Commitment
      Event Broker ServicesHigh Availability99.95% or higher
      Event Broker ServicesSingle Node99.5% or higher
      Solace PubSub+ Cloud (Console, Event Portal, Insights and Mission Control)99.95% or higher

      except for: (i) Scheduled Downtime, or (ii) unavailability of the Services due to the exclusions described in Section 6 below (“Service Level Commitment Exclusions”). If Solace does not meet the above Service Level Commitment, Customer will receive the Service Credit described below. This SLA states Customer’s sole and exclusive remedy for any failure by Solace to provide the Services in accordance with the Service Level Commitment.
    • b) Definitions. The following definitions shall apply to the Solace Performance Commitment.
    • (i) “Downtime” means, for a Customer, if the Service is not accessible to or functional for the Customer.
    • (ii) “Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month. If the Terms of Service are for a partial month, then the numerator and denominator of the Monthly Uptime Percentage shall only include those days during which Customer received the Services.
    • (iii) “Scheduled Downtime” means a period of time, typically lasting less than 4 hours, during which Solace conducts regular maintenance and upgrades.
    • (iv) “Services” means the Solace PubSub+ Cloud software made available to the Customer as a service and purchased by the Customer from time to time.
    • (v) “Service Credit” means the following:
      1. Event Broker Service with High Availability
        Monthly Uptime PercentageService Credit
        99.95% or higherNone
        98.0% to 99.949%5%
        under 98%15%
      2. Event Broker Service Single Node
        Monthly Uptime PercentageService Credit
        99.5% or higherNone
        98.0% to 99.49%5%
        under 98%15%
      3. Solace PubSub+ Cloud (Console, Event Portal, Insights and Mission Control)
        Monthly Uptime PercentageService Credit
        99.95% or higherNone
        98.0% to 99.949%5%
        under 98%15%
  4. Scheduled Downtime.
    • (a) Solace shall publish or notify Customers in advance of periods of Downtime: (i) for scheduled maintenance, typically at least seven (7) days advance notice; and (ii) for emergency maintenance, typically at least twenty-four (24) hours advance notice.
    • (b) Scheduled Downtime will typically be scheduled during non-business hours in the region in which the Component resides. When Scheduled Downtime occurs in accordance with this Section, such Scheduled Downtime is not considered Downtime for purposes of the Performance Commitment.
    • (c) During Scheduled Downtime, which requires upgrades or maintenance, Services may experience brief periods of downtime or minor degradation in performance.
  5. Remedies. If Customer wishes to claim a Service Credit from Solace, the Customer shall submit to Solace a written claim, within two months of the Downtime, notifying Solace of the applicable Downtime. Solace shall review Customer’s claim and calculate the applicable Service Credit, if any, in accordance with the terms of this SLA. Except as set forth herein, Service Credits may not be exchanged for, or converted to, monetary amounts. In addition, in the event the Monthly Uptime Percentage falls below 98% for two (2) out of any three (3) consecutive months, Customer shall have the right to immediately terminate this SLA upon notice to Solace.
  6. Service Level Commitment Exclusions. The Service Level Commitment does not apply to (a) immaterial outages of 60 seconds or less in connection with a high availability switchover of Event Brokers; (b) unavailability of the Services caused by factors outside of Solace’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, pandemic, civil unrest, acts of terror, strikes or other labor problems (other than those involving Solace employees); (c) unavailability of the Services that result from internet access, equipment and/or software of Customer or other third parties where such equipment and/or software is not within the reasonable control of Solace; (d) unavailability of the Services caused by use of the Services (or any component thereof) by Customer in a manner not materially conforming to the requirements described in the Documentation or in the SLA.
  7. Amendments. Except where prohibited by applicable law or as otherwise agreed in the order form, Solace may unilaterally amend this SLA, in whole or in part (each, an “Amendment”), by: (i) giving customer prior notice of such Amendment; or (ii) posting notice of such Amendment on the Solace website. Unless otherwise indicated by Solace any such Amendment will become effective as of the date the notice of such Amendment is provided to Customer or is posted on the website (whichever is the earlier).