This Service Description describes the Cloud Service Compose provides to Client. Client means the contracting party and its authorized users and recipients of the Cloud Service.
1. Cloud Service
Compose provides database as a service (DBaaS) delivering a managed, production-ready platform along with a unified interface that offers powerful tools for provisioning, scaling, connecting, and backing up data. Compose supports a range of database types and database services that enable developers to build and grow web and mobile apps quickly and economically, without the cost, risk, complexity, and distractions of database operations.
The Cloud Service is offered with the following optional chargeable features:
1.1 Compose Enhanced Support
Enhanced support is an account-level service for clients with critical production database installations.
More details on enhanced support can be found here: https://help.compose.com/docs/enhanced.
1.1.1 Compose Enhanced Service Level Agreement
Compose provides the following enhanced service level agreement (“SLA”) for the Cloud Service. The SLA is not a warranty. The SLA is available only to Client and applies only to use in production environments.
- Availability: Availability of the Cloud Service is 99.98% during a contracted month. If Compose fails to meet the Availability, Compose will provide Client a credit, in accordance with the table below:
- Support: Compose provides a ticket system that can accept new tickets via e-mail or web portal. This system is available to Client to open new tickets or update existing tickets. All tickets submitted will be acknowledged and provided a unique tracking identifier.
- Credit Request: Client must log a support ticket with the Compose technical support help desk within 24 hours of first becoming aware of an event that has impacted service availability. Client must reasonably assist Compose with any problem diagnosis and resolution.
- Downtime: Downtime is measured from the time Client reports the event until the time the Cloud Service is restored and does not include time related to a scheduled or announced maintenance outage; causes beyond Compose’s control; problems with Client or third party content or technology, designs or instructions; unsupported system configurations and platforms or other Client errors; or Client-caused security incident or Client security testing.
Availability during a contracted month
(% of monthly subscription fee for contracted month
that is the subject of a claim)
|Less than 99.98%||10%|
|Less than 99%||20%|
|Less than 95%||30%|
Availability, expressed as a percentage, is calculated as: the total number of minutes in a contracted month minus the total number of minutes of Downtime in a contracted month divided by the total number of minutes in the contracted month.
Compose will engage Client within one (1) hour upon ticket acknowledgement for urgent issues. Initial and ongoing contact is to be made via e-mail, unless other mutually-agreeable arrangements are made.
Compensation for a valid SLA claim will be a credit against a future invoice for the Cloud Service based on the duration of time during which production system processing for the service is not available (“Downtime”).
Compose will apply the highest applicable compensation based on the cumulative availability of the Cloud Service during each contracted month, as shown in the table above. The total compensation with respect to any contracted month cannot exceed 30 percent of one twelfth (1/12th) of the annual charge for the service.
1.2 Beta Services
Newly released services within the Compose User Interface (“Compose Web UI”) that are still undergoing changes to features and underlying infrastructure, and are marked “beta” are subject to the following terms as well as those identified in the “Beta Services Terms” section of this Service Description.
Compose recommends Client beta users keep a local copy of data and to weigh the risks involved with utilizing beta-level products within production environments. Until the beta label is removed, some features may be incomplete, missing, or may malfunction.
Client may acquire these beta services at the charges listed on the Compose website: https://www.compose.com/pricing/.
2. Content and Data Protection
The Data Processing and Protection Data Sheet (Data Sheet) provides information specific to the Cloud Service regarding the type of Content enabled to be processed, the processing activities involved, the data protection features, and specifics on retention and return of Content. Any details or clarifications and terms, including Client responsibilities, around use of the Cloud Service and data protection features, if any, are set forth in this section. There may be more than one Data Sheet applicable to Client’s use of the Cloud Service based upon options selected by Client. The Data Sheet may only be available in English and not available in local language. Despite any practices of local law or custom, the parties agree that they understand English and it is an appropriate language regarding acquisition and use of the Cloud Services. The following Data Sheet(s) apply to the Cloud Service and its available options:
IBM’s Data Processing Addendum at http://ibm.com/dpa (DPA) and the supplied DPA Exhibit (available at https://compose.com/DPA-exhibit.html) apply and are referenced in as part of the Agreement, if and to the extent the European General Data Protection Regulation (EU/2016/679) (GDPR) applies to personal data contained in Content.
Client acknowledges that i) Compose may modify Data Sheet(s) from time to time at Compose’s sole discretion and ii) such modifications will supersede prior versions. The intent of any modification to Data Sheet(s) will be to i) improve or clarify existing commitments, ii) maintain alignment to current adopted standards and applicable laws, or iii) provide additional commitments. No modification to Data Sheet(s) will materially degrade the security of a Cloud Service.
Client is responsible to take necessary actions to order, enable, or use available data protection features for a Cloud Service and accepts responsibility for use of the Cloud Services if Client fails to take such actions, including meeting any data protection or other legal requirements regarding Content.
3. Technical Support
Technical support for the Cloud Service is provided via email at email@example.com. Technical support is offered with the Cloud Service and is not available as a separate offering.
4. Billing Information
4.1 Billing Frequency
The charges for the Cloud Service are listed on the Compose website: https://www.compose.com/pricing/.
Unless Client and Compose establish billing via direct invoice, Compose will automatically bill the credit card Client submits when ordering the Cloud Service on the date the Cloud Service is activated, and each month thereafter, until Client cancels the Cloud Service or the Cloud Service is otherwise terminated.
Client authorizes Compose to bill Client’s credit card as described above. If any fee cannot be charged to such credit card for any reason, Compose may provide Client, via email, notice of such non-payment and a link for Client to update its payment information. If non-payment is not remedied within seven (7) days after receiving such notice, Compose may terminate the Cloud Service.
4.2 Pay Per Use Charges
A pay per use charge will be billed at the rate specified at the Compose website listed above in the month following such use.
Client will i) maintain, and provide upon request, records, and system tools output, as reasonably necessary for Compose and its independent auditor to verify Client’s compliance with the Agreement, and ii) promptly order and pay for required entitlements at Compose’s then current rates and for other charges and liabilities determined as a result of such verification, as Compose specifies in an invoice. These compliance verification obligations remain in effect during the term of the Cloud Service and for two years thereafter.
The term of the Cloud Service begins on the date the Cloud Service is activated and continues on a month to month basis until terminated by Client or Compose according to the rights granted in the Agreement.
6. Additional Terms
Client may not use Cloud Services, alone or in combination with other services or products, in support of any of the following high risk activities: design, construction, control, or maintenance of nuclear facilities, mass transit systems, air traffic control systems, automotive control systems, weapons systems, or aircraft navigation or communications, or any other activity where Cloud Service failure could give rise to a material threat of death or serious personal injury.
6.2 Terms Applicable to the Cloud Service when used on a Third Party Platform
If Client's Cloud Service location is specified in the Compose Web UI as being on a platform other than SoftLayer, the following terms apply:
The Cloud Service application layer and Client's data and content are hosted on a third party cloud services infrastructure and platform not managed by Compose. The Cloud Service infrastructure, certain aspects of the Cloud Service platform, and related services, including: data center, servers, storage and network; application and data backup; firewall and threat detection; and APIs for application deployment, monitoring and operation (collectively, the "Third Party Cloud Platform Services") are hosted and managed by the third party provider. Accordingly, notwithstanding anything in this Service Description or the base services agreement under which this Cloud Service is provided (e.g., the Compose Cloud Services Agreement) (the "Base Agreement"):
The Cloud Service may not be used for the transmission, storage or processing of any Protected Health Information.
- If the provider of the Third Party Cloud Platform Services notifies Compose that it has withdrawn or terminated its services or Compose's or Client's access to such services, Compose may terminate the Cloud Service immediately upon the effective date of such termination by the third party provider by providing notice of termination to Client.
- Compose makes no warranties or conditions, express or implied, and Compose will have no liability to Client, regarding the Third Party Cloud Platform Services or to the Cloud Service to the extent dependent on the Third Party Cloud Platform Services.
- Client agrees to indemnify, defend and hold Compose harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to claims against Compose by the Third Party Cloud Platform Services provider) concerning: (a) Client's use of the Cloud Services; (b) breach of this Service Description, the Base Agreement or violation of applicable law by Client; (c) Client's content or the combination of Client's content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Client's content or by the use, development, design, production, advertising or marketing of Client's content; or (d) a dispute between Compose and Client.
6.3 Beta Services Terms
Cloud Services provided as a beta or experimental service will be identified as such in the Compose UI and subject to the following, unless different terms are provided:
- A beta / experimental Cloud Service is provided without warranties of any kind and is provided so that Client may evaluate its functionality.
- A beta service may not be at a level of performance or compatibility of generally available services, is not fully tested, and may not comply with the normal Cloud Service security practices. Such services are not designed for any type of Content that contains personal data or for use in a production environment. Client agrees not to provide or input Content that contains personal data. Compose does not guarantee it will make the beta service or any similar services generally available. If a generally available service is offered, Compose is under no obligation to offer migration capabilities or services.
- Client is responsible to pay any tax, levy, or any other charge associated with Client's use of the beta or experimental service.
- Client may use a beta service for the specified period or until Compose withdraws or terminates it. Client may terminate use of a beta service at any time. Client is responsible to remove content Client wishes to retain prior to expiration or termination of the beta service.
- Compose may suspend, limit use, change, or withdraw a beta service or change these terms without notice and at any time.
- Compose's entire liability for all claims in the aggregate arising from Client's use of a beta service will not exceed the amount of any actual direct damages up to U.S. $1,000.00 (or equivalent in local currency).
- If Client provides feedback to Compose or a third party service provider, Client agrees Compose or the third party owns and may use all feedback and suggestions provided.
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