Service Level Agreement

This service level agreement (hereinafter the "SLA") is part of the Client's subscription to Service(s) from SCALINGO, société par actions simplifiée, registered in the Strasbourg Trade and Companies Register under number 808 665 483, whose registered office is located at 13 rue Jacques Peirotes - 67000 Strasbourg (France), represented by its legal representative duly authorized for this purpose, (hereinafter "SCALINGO"). The SLA is an integral part of the Agreement between the Client and SCALINGO.

Definitions

For the purposes of this SLA, the following terms are defined:

• Unavailability: unavailability of the Platform and/or Services means the impossibility of accessing the Platform and/or Services, except in the following cases: (i) force majeure or an event beyond SCALINGO's control; (ii) unavailability of the Internet service; (iii) interruption, suspension or limitation of the Platform and/or Services due to scheduled maintenance operations and/or updates necessary for the proper functioning of the Platform and/or Services.
• Availability Rate: means the rate calculated as follows: (number of hours in the month - sum of Platform downtime) / (number of hours in the month) x 100, where "month" is understood to mean a calendar billing month, i.e. from the 1st to the last day of the month in question, not rolling.
• Managed Application Runtime: means the services defined as such on the Platform.
• Managed Database: means the services defined as such on the Platform.

All other terms identified in the SLA that begin with a capital letter, if not defined herein, have the meaning given to them in the SCALINGO General Terms and Conditions of services (hereinafter the "GTC").

General conditions of application of the SLA

SCALINGO guarantees to provide each Service according to the Availability Rates mentioned in the following paragraphs.

In the case of non-respect of the Availability Rates of the Service in question, due to an event exclusively caused by SCALINGO, the Client may request the application of a discount on future invoices in the form of a credit note, calculated as described below.

It is the Client's responsibility to notify SCALINGO of any failure to comply with the Availability Rate, in accordance with the terms and conditions set out in the GTCs, within a maximum period of three (3) months following the day on which the Client notes the Unavailability, failing which the Client will be foreclosed.

No discount will be due by SCALINGO in the case of non-compliance with the Rate of Availability due to a cause attributable to the Client, to the Client's software and/or hardware, to the unavailability of the Internet service, to scheduled maintenance, or to an event of force majeure.

The discount granted hereunder is the only consequence of the failure to comply with the Availability Rate and excludes any other right of recourse exercised by the Client.

These availability guarantees do not apply (i) to Services or features expressly identified as being in beta phase (as defined in the General Terms and Conditions and/or on the Platform), or (ii) to any Service that has not been made available as part of a general availability phase ("General Availability"). These Services are specific and are provided "as is", with no availability guarantee and no right to compensation.

Managed Application Runtime

SCALINGO commits to provide the "Managed Application Runtime" Service according to the following Availability Rates:

Discount granted in the event of failure to meet the Availability Rate, due to a cause exclusively attributable to SCALINGO:

* It is specified that the total amount of discounts for Unavailability for a given month is capped at 50% of the price excluding VAT of the Service for the month concerned by the Unavailability.

Managed Database

SCALINGO commits to provide all Managed Database Services according to the following Availability Rates:

Discount granted in the event of failure to meet the Availability Rate, due to a cause exclusively attributable to SCALINGO:

* It is specified that the total amount of discounts for Unavailability for a given month is capped at 50% of the price excluding VAT of the Service for the month concerned by the Unavailability.