This Service Level Agreement (“SLA”) is a policy governing the use of the Embedly service (“pro.embed.ly”) or ("api.embed.ly") under the Embedly Terms of Service (the “Embedly Agreement”) between Embed.ly, Inc. (“Embedly”, “us” or “we”) and users of Embedly (“you”). Except as otherwise provided herein, this SLA is subject to the terms of the Embedly Agreement. Terms not otherwise deﬁned herein will have the meaning given to them in the Embedly Agreement. We reserve the right to change the terms of this SLA in accordance with the Embedly Agreement.
"Service Availability" means that pro.embed.ly and api.embed.ly may be accessed and used by you (as measured by Embedly).
Embedly shall be available at least ninety-nine and nine tenths percent (99.9%) of the time each calendar month.
Embedly will measure uptime by checking the response of the Embedly HTTP API. Every one (1) minute, a third-party service (currently http://pingdom.com) will attempt to access the Embedly API (such as http://pro.embed.ly/1/preview?urls=http://google.com). If the service does not receive a successful HTTP response – that is, a HTTP response code of 2XX or 3XX – then that will count as one minute of downtime. The unavailability of Embedly will be calculated from the time that such unavailability is reported by you to Embedly at email@example.com. We reserve the right to make reasonable changes to this measurement procedure.
If Embedly fails to meet the Service Availability SLA during any one calendar month period, then you will be eligible for a service credit (the “Service Credit(s)”) in the amount of five percent (5%) of the monthly fee for the affected service. For every additional one (1) percent of the calendar month that Service Availability is unavailable, you will be eligible for an additional Service Credit in the amount of five percent (5%) of the monthly service fee for the affected service, up to 50% of the monthly service fee.
Credit requests and Payment.
To request a credit, send email to Embedly at firstname.lastname@example.org within 10 days of the end of the calendar month in which the failure occurred. You must include either your Embedly username or registered email address, and dates and times of unavailability. If we conﬁrm that you are owed Service Credits, we will issue a credit to your account within ten (10) business days. Credits may only be used against future billing charges. The Service Credits shall be your sole and exclusive remedy for any failure of Embedly to operate in accordance with the SLAs.
Normal hours of operation are 9am – 5pm ET, Monday through Friday, excluding Embedly-observed holidays.
The calculation of Service Availability SLA excludes instances of: your acts or omissions, force majeure events, scheduled downtime, hackers or virus attacks, unavailability of the Rackspace Cloud, or emergency maintenance.