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SERVICE LEVEL AGREEMENT “SLA”

Service commitment for system uptime

Improbable will use commercially reasonable efforts to make SpatialOS Deployments (defined below) available with a Monthly Uptime Percentage (defined below) of at least 99.9%, during any monthly billing cycle (the “Service Commitment”). In the event that a SpatialOS Deployment does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. You will not be eligible for Service Credits (i) in billing cycles in which you are using SpatialOS Credits; and (ii) in any billing cycle in which you become in arrears to Improbable, up until the point in time where such late payment is corrected by you.

Definitions

The following definitions apply:

  • “Deployment” means an instance of SpatialOS machines operating together to run a single game world.
  • “Downtime” means all Zones in a Region for which you want to run a Deployment are Unavailable.
  • “Unavailable” means your Healthy SpatialOS deployment has a loss of external connectivity, provided always that such loss of external connectivity is not due to any external products or services which Improbable is not responsible for or has no control over including but not limited to Steam and Google Play.
  • “Healthy SpatialOS deployment” means a deployment that is responding affirmatively to health checks.
  • “Monthly Uptime Percentage” means the total number of minutes in a billing cycle, minus the number of minutes of Downtime suffered from all Downtime aggregated across a billing cycle, divided by the total number of minutes in a billing cycle.
  • “Region” a region is a geographic area in which a customer can create a SpatialOS Deployment, for example USEast, EUWest.
  • “SpatialOS Credit(s)” are dollar credits given to the customer by Improbable to pay for SpatialOS Deployments. These are different to the Service Credits defined below.
  • “Service Credit(s)” are dollar credits, calculated as a percentage of the total charges paid by you for SpatialOS Deployments in that Region for the billing cycle in which the Downtime occurred in accordance with the schedule below:
Monthly Uptime Percentage Service Credit Percentage
Less than 99.9% 10%
Less than 99% 20%
Less than 95% 30%
  • “Zones” are separate sets of machines that a customer can create a SpatialOS Deployment in, for example USEast-1 and USEast-2. Zones are separated so that if one Zone in a Region fails a customer can utilize another Zone in the Region.

Customer Must Request Service Credits

In order to receive any of the Service Credits described above, customers must notify their account manager within ten working days from the time the customer becomes eligible to receive a Service Credit. Customers must also provide proof of the Downtime through server and client logs and/or metrics. If the customer does not comply with these requirements, the customer will forfeit its right to receive a Service Credit. If a dispute arises with respect to this SLA, Improbable will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information, which Improbable will make available for auditing by the Customer at the Customer’s reasonable request. This SLA applies only in supported regions and is subject to amendment and to any specific terms and conditions agreed with particular customers.