This Service Level Agreement (“SLA”) applies to the use of the BitGo Platform API under the terms of the BitGo Services Agreement (the “Service Agreement”) between BitGo, Inc. (“BitGo”, “we”, “our” or “us”) and our customers of paid Services as defined in the Service Agreement (“you” or “your”). This SLA applies separately to each account using the Services. Capitalized terms that are not defined in this SLA have the meaning defined in the Service Agreement.
BitGo will use commercially reasonable efforts to make the BitGo Platform API available with a Monthly Uptime Percentage (defined below) of at least the percentage specified in our Service Tiers, during each monthly billing cycle (the “Service Commitment”). In the event the BitGo Platform 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 recurring monthly Service fees paid by you for the BitGo Platform API in the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:
To receive a Service Credit, you must submit a claim by opening a case in the BitGo Support Center. To be eligible, the credit request must be received by us within ten (10) days of the end of the billing cycle in which the incident occurred and must include: the words “SLA Credit Request” in the subject line; the dates and times of each Unavailability incident that you are claiming; the affected account; and your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
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.
We will apply any Service Credits only against future payments for BitGo Platform API otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from BitGo. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the BitGo Platform API or related Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA, and will you will have no remedy for downtime or unavailability due to any Exclusion.
The Service Commitment does not apply to any unavailability, disruption, downtime, errors, non-performance or degraded performance, failure, malfunction, suspension, or termination of Services (each, an “Exclusion”) that result: (i) from your equipment, software or other technology or third party equipment, software or other technology (other than third party equipment within our sole control), from combining or merging the BitGo Platform API with any hardware or software not supplied by BitGo (unless identified by BitGo in writing as compatible with the BitGo Platform API), from modifications in any version of the BitGo API not made or authorized by BitGo in writing, or from your actions or inactions other than normal use of the BitGo Platform API; (ii) from scripts, data, applications, equipment, infrastructure, software, penetration testing, performance testing, or monitoring agents directed or provided or performed by you or on your behalf; (iii) from a lack of availability or untimely response time from to respond to incidents that require your participation for source identification or resolution; (iv) from any scheduled or announced maintenance or maintenance windows, planned outages, or outages initiated by BitGo at your request or direction for maintenance, activation of configurations, backups or other purposes that require the service to be temporarily taken offline; (v) from an interruption or shut down of the services due to circumstances reasonably believed by BitGo to be a significant threat to the normal operation of the services, the operating infrastructure, the facility from which the services are provided, access to, or the integrity of user data (e.g., a hacker or a virus attack); (vi) that result of any actions or omissions taken by BitGo at your request or direction; (vii) from factors outside of our reasonable control, including denial of service attack, natural disaster, government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, or force majeure events; (viii) from Internet access, carrier, power or related problems beyond the area where BitGo maintains access and control over its hosting facilities used to provide the BitGo Platform API; or (iv) from actions or inactions that constitute your breach of the Service Agreement, or that result from a suspension or termination permitted under the Service Agreement.
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. We reserve the right to change the terms of this SLA in accordance with the Service Agreement. This SLA is subject to the terms of the Service Agreement, and this SLA is incorporated by this reference into the Service Agreement. The Monthly Uptime Percentage will be calculated on a pro-rated basis for partial billable months. If you do not have an account in one of the paid Service Tiers, this SLA does not apply to you.