Service Level Agreement for Forecasting API

1. PERFORMANCE COMMITMENTS

A. Availability

Licensor will use commercially reasonable efforts to make the Hosted Service available to Licensee with an Annual Uptime Percentage (defined below) of at least 99.95% during the Service Year (defined as July 1 – June 30). In the event of a failure by Licensor to meet the Availability service level in any three consecutive months, (i) Licensor will conduct a root-cause analysis and will use commercially reasonable efforts to resolve the issue causing the failure and (ii) Licensee reserves right to implement the static lookup table for the remainder of the term of the Agreement.

B. Performance

The Forecasting API supports three use cases with associated performance commitments:

  • Low volume, real-time use

    Up to 100 simultaneous requests per second. Response times are less than 1 minute (most less than 1 second).

  • High volume, real-time use

    Requires advanced coordination with Licensor. Supports thousands of simultaneous requests per second. Response times less than 1 second are possible. May require additional hosting fees to reach custom targets.

  • High or low volume, asynchronous use

    Supports thousands of simultaneous requests per second. Response times are variable up to several minutes.

    Forecasting API use cases are discussed further in the documentation for the Forecasting API.

2. PROBLEM REPORTING AND ESCALATION

A. Severity Levels

  • Urgent Severity

    A reported service impairment will be designated as “Urgent Severity” if Licensee’s dependent product under the license with Licensor is unable to operate due to the impairment.

  • High Severity

    A reported service impairment will be designated as “High Severity” if Licensee’s dependent product under the license with Licensor is materially reduced in function due to the impairment and no reasonable work around exists.

  • Low Severity

    A reported service impairment will be designated as “Low Severity” if Licensee’s dependent product under the license with Licensor is reduced in function due to the impairment but either the reduction in function is not material or a reasonable work around does exist.

B. Reporting Impairments

All notifications of service impairment must be submitted here. Licensor will convert submitted email notifications to trouble tickets. Licensee is responsible for specifying with each notification whether it believes the service impairment is Urgent, High, or Low Severity and the reason for such belief. Notifications must include point of contact name, title, phone, email, and a complete description of the impairment.

C. Support Hours; Response Commitments

Licensor maintains regular support hours on weekdays other than major holidays (“business days”), between 9am and 5pm Eastern time (“business hours”). Licensor will use commercially reasonable efforts to resolve Urgent Severity issues as promptly as practicable, typically on the same business day (with after-hours work when reasonably required under the circumstances) as long as a notification with the required information is provided by 1pm Eastern time on that business day and Licensee is available to work with Licensor as needed. Licensor will provide updates at least once each business day on which an Urgent or High Severity issue remains active. Low Severity issues may be resolved through scheduled maintenance.

Licensor uses commercially reasonable efforts to achieve the following response times and resolution times for any service impairments. Licensor will work in good faith with Licensee to address any circumstances that cause Licensor to fail to meet such response and resolution times in a manner that adversely impacts Licensee.
Severity Description Response Time Resolution Time
Urgent The product or service cannot be used due to the issue. 4 business hours Same business day
High The product or service is reduced in function and there isn’t a work around. 4 business hours Next business day
Low The product or service is reduced in function but a work around exists. 1 business day 130 business days

3. MAINTENANCE

Maintenance is planned on a quarterly basis. Low Severity issues are generally resolved as part of this normal maintenance cycle. Maintenance deployments should not cause an interruption in service. If a service interruption is expected, Licensor will use commercially reasonable efforts to notify Licensee at least 7 days in advance except in urgent or special circumstances.

4. PASS-THROUGH OF AWS SERVICE CREDITS

Licensor hosts the Forecasting API using one or more of the following Amazon Web Services (“AWS”) (subject to update from time to time):
  • Amazon API Gateway Service Level Agreement
  • Amazon Aurora Service Level Agreement
  • Amazon CloudFront Service Level Agreement
  • Amazon CloudWatch Service Level Agreement
  • Amazon Cognito Service Level Agreement
  • Amazon Compute Service Level Agreement
  • Amazon DynamoDB Service Level Agreement
  • Amazon EC2 Service Level Agreement
  • Amazon Elastic Load Balancing Service Level Agreement
  • Amazon Elastic Transcoder Service Level Agreement
  • Amazon ElastiCache Service Level Agreement
  • Amazon Elasticsearch Service - Service Level Agreement
  • Amazon GuardDuty Service Level Agreement
  • Amazon Machine Learning Language Service Level Agreement
  • Amazon Messaging (SQS, SNS) Service Level Agreement
  • Amazon RDS Service Level Agreement
  • Amazon Route 53 Service Level Agreement
  • Amazon S3 Service Level Agreement
  • AWS Certificate Manager Private Certificate Authority Service Level Agreement
  • AWS Lambda Service Level Agreement
  • AWS X-Ray Service Level Agreement

AWS provides these services to Licensor in accordance with their respective Service Level Agreements, which may be found at https://aws.amazon.com/legal/service-level-agreements/ (subject to update from time to time).

In the event of an AWS service disruption that impacts Licensee, Licensor will pass on 100% of Licensee’s allocable portion of AWS service credits actually provided by AWS to Licensor. Licensor will determine Licensee’s allocable portion in good faith based on the scope and duration of Licensee’s service disruption relative to the service disruptions experienced by other Licensees in the same incident.

5. PERFORMANCE PLEDGE and CONTACT INFORMATION

Licensor is committed to providing consistent and excellent service to its customers. If Licensee is dissatisfied at any time with Licensor’s performance under this SLA, Licensee should contact the following senior manager to escalate the situation:

Lisa Bickel, VP Customer Success at lbickel@lexile.com