This Service Level Agreement ("SLA") is a policy set forth by Chomp Foods LLC ("Chomp") and governs the use of Chomp Food Database API ("API") and applies separately to each account using API. In the event of a conflict between the terms of this SLA and the terms of the API Terms or other agreement with us governing your use of our Services (the "Agreement"), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
Chomp will use commercially reasonable efforts to make API available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the "Service Commitment"). In the event that API does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the total charges paid by you for API in the for the monthly billing cycle in which the Monthly Uptime Percentage fell within the ranges set forth in the table below:
| Monthly Uptime Percentage | Service Credit Percentage |
|---|---|
| Less than 99.9% but greater than or equal to 99.0% | 10% |
| Less than 99.0% but greater than or equal to 93.0% | 25% |
| Less than 93.0% | 75% |
We will apply any Service Credits only against future API payments otherwise due from you. At our discretion, we may issue a Service Credit to the credit card you used to pay for the billing cycle in which the Service Commitment was not met. Service Credits will not entitle you to any refund or other payment from Chomp. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than ten dollars ($10 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide API is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
To receive a Service Credit, you must submit a claim by opening a ticket. To be eligible, the credit request must be received by us by the end of the billing cycle in which the incident occurred and must include:
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
The Service Commitment does not apply to any unavailability, suspension or termination of API, or any other API performance issues: (i) caused by factors outside of our reasonable control including any force majeure event or Internet access or related problems beyond the demarcation point of API; (ii) that result from any voluntary actions or inactions by you or any third party (e.g., scaling of provisioned capacity, misconfiguring security groups, VPC configurations or credential settings, disabling encryption keys or making encryption keys inaccessible, etc.); (iii) that result from your equipment, software or other technology and/or third-party equipment, software or other technology (other than third party equipment within our direct control); (iv) that result from you not following the best practices described in the Chomp API Documentation; or (v) arising from our suspension or termination of your right to use API in accordance with the Agreement (collectively, the "API SLA Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.