Last Updated: June 30, 2018
By clicking to agree to these Storage Terms of Service (“Storage Terms”) during the account setup process, or by otherwise accessing or using the Storage Services of Storj Labs Inc. (“Company,” “we,” or “us”) that enable you to use the open source, distributed cloud storage platform (“Storage Platform”), you agree to be bound by this Storage Service Level Commitment (“SLA”) and all terms incorporated by reference. If you do not agree to this SLA, you may not access or use our Storage Services. The term “Storage Services” refers to the websites, mobile applications and other online services of Company that you may use to access and use the Storage Platform.
You and Company agree as follows:
1. Service Level
(a) Company will use commercially reasonable efforts to meet the following service level commitment : except for scheduled maintenance, our Storage Services will be available 99.99% of the time. We calculate availability based upon the service records we maintain. We will use reasonable efforts to notify you in advance of any scheduled maintenance.
(b) Our SLA obligations do not extend to any unavailability of the Storage Services that is caused by: (i) any hardware or software that you use in connection with the Storage Services; (ii) misuse of our Storage Services or the Storage Platform, including use in breach of the Agreement or use other than in accordance with any documentation or ther instructions provided by Company; (iii) circumstances or events beyond the reasonable control of Company; or (iv) our suspension or termination of your access to the Storage Services pursuant to the rights we have reserved under the Agreement.
(c) As the sole and exclusive remedy for our breach of the SLA, Company will provide a credit against Fees payable to Company (“Credits”) in the following amounts: (i) if availability during any calendar month is less than 99.99% but above 99.0%, then we will provide a Credit of 10% of the monthly Fees actually paid during that month; and (ii) if availability during any calendar month is less than 99.0%, then we will provide a Credit of 20% of the monthly Fees actually paid during that month.
(d) You will only be eligible to receive Credits if you have paid all Fees on time, are not past due on any payments, and notify us of a request for Credits within 30 days of the end of the calendar month in which we have not met our SLA. We will issue Credits solely as an offset against future Fees that are payable by you to Company. You will not be entitled to a refund or other payment from Company in connection with any Credits you accrue. In no event will the total amount of Credits exceed 20% of the Fees payable by you for the corresponding month.
2. Scheduled Downtime
(a) Company shall provide notice at least eight hours in advance of any scheduled downtime.
3. Maintenance Windows
(a) Company has an optional weekly maintenance window on Sundays from 2:00 a.m. EST/EDT to 6:00 a.m. EST/EDT during which scheduled maintenance, upgrades and repairs can occur.
(b) Usage of the maintenance window is scheduled according to the Company release calendar.
(c) Company may also perform emergency maintenance in a non-standard maintenance window.
(d) Company will use commercially reasonable efforts to perform emergency maintenance at the time of lowest use levels, as determined by web use logs from the previous month.
(e) Emergency maintenance windows will last no longer than four (4) hours.
(f) Company reserves the right to use two (2) emergency (non-scheduled) maintenance windows per year. Emergency maintenance beyond these two (2) additional windows will be considered downtime.