DataMesh SLA

This DataMesh Service Level Agreement (SLA) applies to your purchase of use of the DataMesh Services(“Service”) under the terms and conditions of the DataMesh Product Terms of Service (“Product Terms”) between the relevant DataMesh entity described in the Product Terms (“DataMesh”, “us”, or “we”) and you, this SLA will take effect from the date________.

1.Service Availability

Service Availability = (Total time of the service period – Unavailable time during the service period) / Total time of the service period * 100%. The service period is calculated from the date the customer applies for and activates the product or service in accordance with the agreement. 

2.Service indicator commitment 

2.1 Service Availability: DataMesh will use reasonable commercial and technical efforts to ensure that the normal service availability is above 95%. If DataMesh fails to meet the above targets, the customer can raise a claim in accordance with Section 3 of this SLA.

2.2 Service Performance Standard: DataMesh will respond to customer requests within 24 hours on working days.

2.3 DataMesh does not take any responsibility to the customer when occur any unavailability, suspension, or termination of the Service that is due to any of the following:

（1）Events that result from early notifications of DataMesh to customers for system maintenance, including regular repairs and upgrades, etc. (in principle, no more than 8 hours per month, except for special circumstances); 

（2）Events that arise out of your or any third party (not under our direct control) equipment, software, and/or technology; 

（3）Events that result from improper maintenance, use or confidentiality, leading to the loss or leakage of data, passwords, codes, etc.; 

（4）Events that result from the negligence of the customer or operation authorized by the customer; 

（5）events that result from your failure to adhere to any required configurations for the use of the Service; 

（6）events that result from force majeure such as earthquakes, natural disasters, national and local policies, etc.; 

（7）Events that result from your illegal or unlawful use of the Service, or your breach of any of the terms and conditions of the DataMesh Product Terms; 

（8）Scheduled downtime;

3.Claims and Payment Process 

According to the Monthly Uptime Percentage of a customer account, the Service Credit will be made by the following table: 

Monthly Uptime Percentage	Service Credit Percentage
Service availability rate <95%	20% of purchased service fee

The DataMesh assigns an equal amount of Service Credit in the form of a voucher to the customer’s account, the above vouchers are valid for three months from the date of issuance. Customers shall only apply within this period according to this SLA, applications exceeding the time limit will not be accepted. Compensated vouchers are only for purchasing products and services related to DataMesh, not discounted.

4.Additional Terms

4.1 The two parties confirm and acknowledge that: in any case, if the losses to the customer are due to the breach of DataMesh during the period of using the product or service of DataMesh, the total amount of claim should not exceed the corresponding amount paid by the customer. For any disputes related to the service, both parties shall first attempt to resolve the issue through friendly negotiation. If the negotiation fails, a lawsuit may be filed in the court where DataMesh is located, and local laws will apply.

4.2 Entire Agreement: The SLA shall constitute part of your agreement for your purchase and use of the Service (such as “DataMesh Privacy Policy”), customers shall comply with and implement it. 

4.3 The customer agrees that DataMesh has the right to unilaterally change the content of the SLA or other rules at any time and will publish and notify these changes through official website announcements or formal emails. DataMesh commits to notifying customers through the aforementioned channels in advance of implementing any changes, allowing customers sufficient time to understand the changes and make corresponding adjustments. If the customer continues to use DataMesh’s relevant products or services after the announcement of changes to the SLA content, it indicates that the customer has fully read, understood, and accepted the revised agreement content and will also comply with the revised SLA content. If the customer does not agree with the revised agreement content, the customer should stop using the services. Customers can visit https://datamesh.com/ to review the latest version of the service terms.