MarkLogic Cloud Services Service Level Agreement

This MarkLogic Cloud Services Service Level Agreement ("SLA") is a policy governing the use of the MarkLogic Cloud Services ("MarkLogic") under the terms of the MarkLogic Customer Agreement (the "MarkLogic Agreement") between MarkLogic, Inc. and its affiliates ("MarkLogic", "us" or "we") and users of MarkLogics’ services ("you"). This SLA applies separately to each account using MarkLogic Cloud Services. Unless otherwise provided herein, this SLA is subject to the terms of the MarkLogic Agreement and capitalized terms will have the meaning specified in the MarkLogic Agreement. We reserve the right to change the terms of this SLA in accordance with the MarkLogic Agreement.

Service Commitment

MarkLogic will use commercially reasonable efforts to make Multi-AZ deployments available with a Monthly Uptime Percentage (defined below) of at least 99.95% during any monthly billing cycle (the "Service Commitment"). MarkLogic will use commercially reasonable efforts to make Multi-Region deployments available with a Monthly Uptime Percentage (defined below) of at least 99.99% during any monthly billing cycle (the "Service Commitment"). In the event MarkLogic Cloud Services does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.

Definitions

• "Monthly Uptime Percentage" for a given Multi-AZ or Multi-Region deployment is calculated by subtracting from 100% the percentage of 1 minute periods during the monthly billing cycle in which the end-point or service was "Unavailable". For Multi-Region deployments, the end-point or service must be Unavailable in both regions and Unavailable for fail-over. If you have been running that deployment for only part of the month, your deployment is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Marklogic Cloud Services SLA Exclusion (defined below).
• "Multi-AZ Deployment" means a MarkLogic System where the cluster spans multiple Availability Zones.
• "Unavailable" means that all connection requests to the running deployment fail during a 1 minute period.
• A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

Service Credits

Service Credits are calculated as a percentage of the charges paid by you for the Multi-AZ instances that did not meet the Monthly Uptime Percentage commitment in a billing cycle in accordance with the schedule below.

We will apply any Service Credits only against future Marklogic Cloud Service payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from MarkLogic. A Service Credit 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 MarkLogic Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide MarkLogic Data Hub Service (DHS) is the receipt of a Service Credit (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 with MarkLogic Support. 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 dates and times of each Unavailability incident you are claiming;
3. the cluster ID’s of the affected deployments; and
4. your request logs that document the errors and corroborate 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 Credit 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 a Service Credit.

MarkLogic Cloud Services SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of MarkLogic Cloud Services, or any other Marklogic Cloud Services performance issues:

1. that result from a suspension of your account as described in the Agreement;
2. caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of MarkLogic Cloud Services, including problems caused by Amazon Web Services;
3. that result from any voluntary actions or inactions from you or any third party (e.g., rebooting a database instance, scaling compute capacity, not scaling storage when the storage is full, misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.);
4. that result from you not following the operational guidelines described in the documentation;
5. that result in long recovery time due to insufficient IO capacity for your database workload;
6. 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);
7. that result from any maintenance as provided for pursuant to the Agreement; or
8. arising from our suspension and termination of your right to use MarkLogic in accordance with the Agreement.

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.