DiPhyx SERVICE LEVEL AGREEMENT
Definitions
- CSP: Cloud Service Provider e.g., Amazon Web Services, Microsoft Azure, Google Cloud Platform, Oracle Cloud, etc.
- DiPhyx Platform Service Error: Failed Service Operation of the DiPhyx Platform, where the DiPhyx Platform returns an internal error to a Customer when attempting to perform a Service Operation that conforms to DiPhyx 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 DiPhyx 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 DiPhyx Platform versions.
- On Demand Priority (ODP): Job service level for general use and high availability. Also referred to as “Instant” in previous DiPhyx 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 DiPhyx Platform and data via the API or DiPhyx 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.
- DiPhyx-Managed Cloud Infrastructure Services: CSP infrastructure procured and managed through DiPhyx; typically compute and storage services. Does not refer to the DiPhyx Platform itself.
- DiPhyx Platform: The DiPhyx control plane through which Customers can submit and monitor Service Operations, view results, and administer their resources.
- DiPhyx Platform Services: Service** Operations performed by the DiPhyx Platform to provision and operate resources managed by the DiPhyx Platform. Covered Service Operations include those within the DiPhyx Platform Service Categories (jobs, desktops, and storage devices) referenced in Table A below.
- Success Rate: Ability for launched Service Operations (within a particular DiPhyx Platform Service Operations Category) to operate without DiPhyx Platform Service Error until DiPhyx Platform automated termination OR Customer-automated or manual termination. Calculated as the number of Service Operations completed or without DiPhyx 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
DiPhyx’s solution consists of the DiPhyx Platform, associated DiPhyx Platform Services, and underlying Cloud Infrastructure Services provided by a Cloud Service Provider (CSP) purchased through and managed by DiPhyx. 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 DiPhyx Platform. If selected Cloud Infrastructure Services are available and functioning properly, DiPhyx guarantees some performance of DiPhyx Platform Services delivered through the DiPhyx Platform.
2. DiPhyx Platform Availability
The quarterly Platform Availability Rate for the DiPhyx Platform is ninety-nine and nine-tenths percent (99.9%).
3. DiPhyx Platform Services Performance
Platform performance refers to the ability of the DiPhyx Platform to start, manage and complete Service Operations (i.e. jobs, desktops, storage devices) on DiPhyx-Managed Cloud Infrastructure Services. DiPhyx Platform Services Performance SLA applies only (i) if Customer is subscribed to the DiPhyx Platform Enterprise Edition, Enterprise Plus or Government Edition and (ii) to DiPhyx-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 DiPhyx are subject to their respective Service-Level Agreements (which may cover certain CSP Errors). When feasible, DiPhyx 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, DiPhyx will pass-through the Speciality CSP SLAs to Customer and remediate Cloud Infrastructure Service failures on Customer’s behalf.
5. Remediation
If the DiPhyx Platform Service Availability and DiPhyx 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 DiPhyx 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 DiPhyx Platform. Customer must submit a request for remediation in writing to DiPhyx either to Customer’s DiPhyx Account Team or to support@diphyx within 30 days of the end of the applicable calendar quarter.
Service Level Credit Calculation:
DiPhyx 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 below | 10% |
Table B. Service Level Credit Examples
6. Exclusions
DiPhyx 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 DiPhyx Platform Services; (C) Customer-defined or selected job restart logic that prevents completion of a DiPhyx 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) DiPhyx functionality not in General Availability (e.g., Alpha, Beta, tech preview); (G) natural disasters or other force majeure; (H) planned and notified maintenance periods.