Amazon Machine Learning Language Service Level Agreement for Amazon Web Services (Ningxia Region)

This Amazon Machine Learning ("ML") Language Service Level Agreement for Amazon Web Services (Ningxia Region) (“SLA”) is a policy governing the use of the Amazon ML Language Services listed below under the terms of the Western Cloud Data Customer Agreement for Amazon Web Services (Ningxia Region) (available at https://www.amazonaws.cn/agreement/ningxia and as updated from time to time, collectively with other agreements with us governing your use of our Services, the “Agreement”) between Ningxia Western Cloud Data Technology Co. Ltd. (“Western Cloud Data”, “us” or “we”) and you. This SLA applies separately to each account using an Amazon ML Language Service. 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.

Amazon ML Language Services

• Amazon Polly
• Amazon Transcribe

Definitions

• A “Service Credit” is a Renminbi credit, calculated as set forth below, that we may credit back to an eligible account.
• “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 ML Language Service SLA Exclusion.
• “Availability” is calculated for each 5-minute interval as the percentage of Requests processed by an Amazon ML Language Service that do not fail with Errors and relate solely to the provisioned Amazon ML Language Service API. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
• “Request” means, for each Amazon ML Language Service, a call to an API listed in the documentation for that Amazon ML Language Service.
• An “Error” is any Request that returns an error code in the 5xx range, e.g. 500 or 503.

Service Commitment

We will use commercially reasonable efforts to make each Amazon ML Language Service available with a Monthly Uptime Percentage for the Amazon Web Services China (Ningxia) region, during any monthly billing cycle (the “Service Commitment”). In the event an Amazon ML Language Service 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 ML Language Service from Amazon Web Services China (Ningxia) 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 total charges paid by you for the applicable Amazon ML Language Service API for the monthly billing cycle in which the Monthly Uptime Percentage for the Amazon Web Services China (Ningxia) region fell within the ranges set forth in the table below:

We will apply any Service Credits only against future payments for that the applicable Amazon ML Language Service 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 to provide any Amazon ML Language Service is the receipt of Service Credits (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 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:

1. the words “SLA Credit Request” in the subject line;
2. the Amazon ML Language Service for which you are claiming Service Credits, 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 in the Amazon Web Services China (Ningxia) region throughout the billing cycle;
3. 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 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 request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving Service Credits.

Amazon ML Language Service SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of any Amazon ML Language Service, or any other Amazon ML Language Service performance issues:

1. caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of an Amazon ML Language Service;
2. 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.);
3. that result from you not following the best practices described in the Documentation for the applicable ML Language Service on the Amazon Web Services China Site;
4. that result from your equipment, inputs, software or other technology and/or third party equipment, inputs, software or other technology (other than third party equipment within our direct control); or
5. arising from our suspension and termination of your right to use the Amazon ML Language Service in accordance with the Agreement (collectively, the “Amazon ML Language Service 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.