SLA

RESCALE SERVICE LEVEL AGREEMENT

*Effective from November 7, 2023

Definitions

  • CSP: Cloud Service Provider e.g., Amazon Web Services, Microsoft Azure, Google Cloud Platform, Oracle Cloud, etc.
  • Rescale Platform Service Error: Failed Service Operation of the Rescale Platform, where the Rescale Platform returns an internal error to a Customer when attempting to perform a Service Operation that conforms to Rescale recommended use.  A Service Operation that cannot be launched or completed due to improper Customer configuration (“Customer Error”) or failure of underlying CSP services, including but not limited to insufficient capacity (“CSP Error”) will not be considered a Rescale Platform Service Error.
  • Launch from Initial Setup: Ability for a Service Operation to start within the target time (under Target in Table A below). Refers to the time it takes to start the cluster from the setup page. Calculated as the number of Service Operations started within the target time during the calendar quarter divided by the number of Service Operations initiated by the Customer during the calendar quarter (excluding failed launches and unsupported configurations).
  • Launch from Suspend: Ability for a Service Operation to start within the target time (under Target in Table A below). Refers to the time it takes to start the cluster after being put into a suspended state. Calculated as the number of Service Operations started within the target time during the calendar quarter divided by the number of Service Operations initiated by the Customer during the calendar quarter (excluding failed launches and unsupported configurations).
  • Launch Rate: Ability for a Service Operation to start within the target time (under Target in Table A below). Calculated as the number of Service Operations started within the target time during the calendar quarter divided by the number of Service Operations initiated by the Customer during the calendar quarter (excluding failed launches due to a Customer Error or CSP Error).
  • On Demand Economy (ODE): Job service level that delivers lower costs by utilizing CSP excess capacity and may be subject to CSP reclamation. Best suited for smaller and shorter jobs. Also referred to as “On-Demand (OD)” in previous Rescale Platform versions.
  • On Demand Priority (ODP): Job service level for general use and high availability. Also referred to as “Instant” in previous Rescale Platform versions.
  • On Demand Reserved (ODR): Job service level for consistent use, a lower cost option based on committed use.
  • Platform Availability: The ability for a Customer to access the Rescale Platform and data via the API or Rescale Platform interface. Platform Availability does not guarantee availability of Cloud Infrastructure Services.
  • Platform Availability Rate: is defined as the difference between Calendar Minutes and the Unavailable Minutes, divided by Calendar Minutes. “Unavailable minutes” are minutes where customer data on the platform is unavailable. During minutes where customer accounts are inactive (no valid operation is attempted), this period of time does not count towards unavailable minutes.   
  • Rescale-Managed Cloud Infrastructure Services: CSP infrastructure procured and managed through Rescale; typically compute and storage services. Does not refer to the Rescale Platform itself.
  • Rescale Platform: The Rescale control plane through which Customers can submit and monitor Service Operations, view results, and administer their resources.
  • Rescale Platform Services: Service Operations performed by the Rescale Platform to provision and operate resources managed by the Rescale Platform. Covered Service Operations include those within the Rescale Platform Service Categories (jobs, desktops, and storage devices) referenced in Table A below.
  • Success Rate: Ability for launched Service Operations (within a particular Rescale Platform Service Operations Category) to operate without Rescale Platform Service Error until Rescale Platform automated termination OR Customer-automated or manual termination. Calculated as the number of Service Operations completed or without Rescale Platform Service Error in the calendar quarter divided by the number of Service Operations launched in the calendar quarter (excluding failed completion due to a Customer Error or CSP Error).

1. General Services Description

Rescale’s solution consists of the Rescale Platform, associated Rescale Platform Services, and underlying Cloud Infrastructure Services provided by a Cloud Service Provider (CSP) purchased through and managed by Rescale. Customers also have the option of purchasing infrastructure directly from a CSP or other infrastructure-as-a-service provider. The Customer has the ability to select and use a number of different Cloud Infrastructure Services from the Rescale Platform. If selected Cloud Infrastructure Services are available and functioning properly, Rescale guarantees some performance of Rescale Platform Services delivered through the Rescale Platform.

2. Rescale Platform Availability

The quarterly Platform Availability Rate for the Rescale Platform is ninety-nine and nine-tenths percent (99.9%).

3. Rescale Platform Services Performance

Platform performance refers to the ability of the Rescale Platform to start, manage and complete Service Operations (i.e. jobs, desktops, storage devices) on Rescale-Managed Cloud Infrastructure Services. Rescale Platform Services Performance SLA applies only (i) if Customer is subscribed to the Rescale Platform Enterprise Edition, Enterprise Plus or Government Edition and (ii) to Rescale-Managed Cloud Infrastructure Services from Amazon Web Services, Microsoft Azure, Google Cloud Platform, or Oracle Cloud.

Table A. Service Operations Categories, Launch and Success Rates

4. Cloud Infrastructure Services

Cloud Infrastructure Services from Amazon Web Services, Microsoft Azure, Google Cloud Platform, or Oracle Cloud purchased through and managed by Rescale are subject to their respective Service-Level Agreements (which may cover certain CSP Errors). When feasible, Rescale will pass-through these CSP SLAs to Customer and remediate Cloud Infrastructure Service failures on

Cloud Infrastructure Services from CSPs not listed above (“Specialty CSPs”) may be subject to Service-Level Agreements. When feasible, Rescale will pass-through the Speciality CSP SLAs to Customer and remediate Cloud Infrastructure Service failures on Customer’s behalf.

5. Remediation

If the Rescale Platform Service Availability and Rescale Platform Services Performance fail to meet the above-specified Service Levels in a given quarter then, as Customer’s sole and exclusive remedy, Customer shall receive the applicable number of Rescale Credits set forth in table below credited against Customer’s usage in the calendar month following that calendar quarter up to a maximum of 10% of quarterly spend in that prior calendar quarter. Credits will be applied to the Customer’s hardware deposit within the Rescale Platform. Customer must submit a request for remediation in writing to Rescale either to Customer’s Rescale Account Team or to support@rescale.com within 30 days of the end of the applicable calendar quarter.

Service Level Credit Calculation:

Rescale Credit = (Committed Rate % – Actual Rate %) * Quarterly Usage Spend (in service category)

Example chart for 99% committed rate:

Actual Rate %Credit %
98%1%
94%5%
90% or below10%
Table B. Service Level Credit Examples

6. Exclusions

Rescale will have no liability for any failure to meet the Service Level to the extent arising from: (A) Customer Errors or CSP Errors; (B) Customer-initiated or intended termination of Rescale Platform Services; (C) Customer-defined or selected job restart logic that prevents completion of a Rescale Service Operation (D) Customer-managed software, commands, services or systems (e.g. customer-managed license servers); (E) third party acts, services, software and/or systems; (F) Rescale functionality not in General Availability (e.g., Alpha, Beta, tech preview); (G) natural disasters or other force majeure; (H) planned and notified maintenance periods.