Managed Private Registry Service Level Agreement

Effective: January 6, 2024

This Managed Private Registry Server Service Level Agreement (this "SLA") applies to the extent the Customer purchases a subscription to use the managed private registry service ("Service") from OVHcloud. In the event of a conflict between this SLA and the Terms of Service (the "Terms of Service"), this SLA applies, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Terms of Service.

Service Availability Commitment

Element of the Service	Service Level Agreement (SLA)	Service Credits
Accessibility of essential Components of the Service (Docker Registry API, Harbor Core & Notary)	Monthly availability rate: Plan S: 99.90% Plan M: 99.95% Plan L: 99.95%	Credit amounting to 5% of the monthly cost of the Service per one (1) hour period of Unavailability beyond the SLA, with the limit of 100% of the aforementioned monthly cost.
Accessibility to other Harbor Components of the Service (Job Service, Clair, Harbor UI, and Harbor API)	Monthly Availability Rate: Plan M: 99.90% Plan L: 99.90%	Credit amounting to 5% of the monthly cost of the Service per one (1) hour period of Unavailability beyond the SLA, with the limit of 100% of the aforementioned monthly cost.
Data Resilience	Monthly data Resilience rate: Plan S: 100% Plan M: 100% Plan L: 100%	Credit amounting to 100% of the monthly total paid by the Customer during the month, for the portion of the Docker registry affected by the malfunction.

"Monthly availability Rate" means the total number of minutes in a month minus the number of minutes of Unavailability in that month, divided by the total number of minutes in that month.

"Unavailability" means the Services response to an HTTP 200 call in less than thirty (30) seconds (excluding push/pull transfer) for an Image where the time depends on the size of the Image concerned, as measured by OVHcloud probes.

"Resilience" means OVHcloud's ability to make the data stored on the Customer's Docker registry in the Service available to the Customer again after a duly declared period of Unavailability. Resilience does not mean that OVHcloud warrants that there will be no loss of content stored by the Customer on the Service, and the Customer remains responsible for backing up their data and managing business continuity in connection with using the Service.

Service Level Objectives

OVHcloud makes endeavors to manage Incidents within the following time periods:

Elements of the Service	Objectives
Average response time of APIs	1% server error
Average status code of registries one hour after a service is deployed	1% server error
Average status code of Harbor one hour after a service is deployed	1% server error

OVHcloud does not warrant, represent, or guarantee that OVHcloud can meet the Service Level Objectives defined above.

How to Request a Service Credit - To request a Service Credit, a Customer must file a support request within sixty (60) calendar days of the suspected incident via the OVHcloud Control Panel.

Payment of Service Credits - If the Monthly Availability Rate associated with Customer's request for a Service Credit is confirmed by OVHcloud and is less than the commitments described above, OVHcloud will issue the Service Credit to Customer within forty-five (45) calendar days in which the request is confirmed by OVHcloud. Service Credits will be issued to the person or entity that OVHcloud invoices for the Service, as a separate credit memo that can be applied towards a future invoice for OVHcloud Services. Service Credits expire on the earlier to occur of: (i) the expiration or termination of Customer's Account, or (ii) twelve (12) months from the date the Service Credit is issued by OVHcloud to Customer.

OVHcloud Tools and Records - OVHcloud's monitoring tools, data, and records will be the sole source of information used to track and validate Unavailability.

Sole and Exclusive Remedy - The Service Credits are Customer’s sole and exclusive remedy for any incident occurring during the Service Term for the Service or for any other claim in connection with this SLA. In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the monthly invoiced amount for the Service.

Service Credit Exclusions

Time Based Calculations Exclusions. The following will be excluded from any time-based calculations related to Service being Unavailable:
1. scheduled, recurring, or zero-impact maintenance windows;
2. Unavailability due to Customer's misuse of the Service;
3. Unavailability that results from the Customer’s facilities, equipment, software, or other technology and/or third-party facilities, equipment, services, software, or other technology (other than third-party equipment within OVHcloud's direct control);
4. Unavailability arising from the Customer’s use of an outdated release of the Service or third-party software, or any failure to install a material Update to either of the foregoing;
5. Unavailability caused by third-party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network, or Internet problems beyond OVHcloud’s border router supporting OVHcloud’s public internet connectivity;
6. Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround); and
7. Force majeure events or any other event that is not within OVHcloud's direct control or that could not have been avoided with commercially reasonable care.
General Exclusions. Customer will not be eligible to receive a Service Credit if: (i) Customer's Account has any payments for the Service that are delinquent, (ii) Customer is in violation of the Terms of Service during the time of the incident, or (iii) the incident was due to Customer's failure to meet Customer's security responsibilities as set forth in the Terms of Service.