Amazon Personalize Service Level Agreement for Amazon Web Services (Beijing Region)

This Amazon Personalize Service Level Agreement for Amazon Web Services (Beijing Region) (“SLA”) is a policy governing the use of Amazon Personalize under the terms of the Sinnet Customer Agreement for Amazon Web Services (Beijing Region) (available at https://www.amazonaws.cn/agreement/beijing and as updated from time to time, collectively with other agreements with us governing your use of our Services, the “Agreement”) between Beijing Sinnet Technology Co., Ltd. (“Sinnet”, “us” or “we”) and you. This SLA applies separately to each account using Amazon Personalize. In the event of a conflict between the terms of this SLA and the terms of 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

We will use commercially reasonable efforts to make Amazon Personalize available with a Monthly Uptime Percentage, during any monthly billing cycle (the “Service Commitment”). In the event Amazon Personalize does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. The Service Commitment and Service Credits provided to you under this SLA will be provided to you only in connection with your use of Amazon Personalize from Amazon Web Services China (Beijing) Region. This SLA does not authorize you to receive any Service Commitment or Service Credits from any other Amazon Web Services regions.

Service Credits

Service Credits are calculated as a percentage of the following charges paid by you for the applicable Amazon Personalize APIs for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:

We will apply any Service Credits only against future Amazon Personalize payments otherwise due from you. At our discretion, we may issue the Service Credits to the bank 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 us. Service Credits will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one Renminbi (¥1 Renminbi). 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 is to provide Amazon Personalize the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive Service Credits, you must submit a claim by opening a case in the Amazon Web Services 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:

(i) the words “SLA Credit Request” in the subject line;

(ii) the billing cycle with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability throughout the billing cycle;

(iii) your Request logs that document the Errors for 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 credit 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 the credit request occurred. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.

Amazon Personalize SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Amazon Personalize, or any other Amazon Personalize 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 Personalize; (ii) that result from any voluntary actions or inactions from you or any third party (e.g. scaling of provisioned capacity, misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.); (iii) that result from you not following the best practices described in the Amazon Personalize Documentation on the Amazon Web Services China Site; (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 Amazon Personalize in accordance with the Agreement (collectively, the “Amazon Personalize 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

• “Availability” is calculated for each 5-minute interval as the percentage of Requests processed by Amazon Personalize that do not fail with Errors and relate solely to the provisioned Amazon Personalize functions. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
• An “Error” is any Request that returns a 500 or 503 error code.
• “Monthly Uptime Percentage” is calculated as the average of the Availability of all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Amazon Personalize SLA Exclusion.
• “Request” means a call to the Amazon Personalize GetRecommendations API or GetPersonalizedRanking API.
• A “Service Credit” is a Renminbi credit, calculated as set forth above, that we may credit back to an eligible account.