This Redpanda Data Cloud Service Level Agreement (“Cloud SLA”) describes the service availability commitment for the Redpanda Data Cloud Service under the applicable Redpanda Data Subscription Agreement or such other applicable agreement in respect of the Redpanda Data Cloud Service (collectively or individually “Agreement”) between the Redpanda Data, Inc. (or its applicable affiliate) (“Redpanda Data”) and the other entity which entered into such Agreement (“Company”). Unless otherwise provided herein, this Cloud SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement.

1. Service Description

The “Cloud Service” means the Redpanda Data Cloud Services set forth in an applicable Order Form to the Agreement, which may include the services described below.

1.1. Redpanda Cloud Dedicated

Redpanda Data Cloud Dedicated is a fully managed cloud service providing Redpanda Data Cloud clusters as a service, deployed through Recognized Cloud Provider Services. These clusters are also deployed with an integrated and dedicated Redpanda Console and, optionally, with a fully managed Kafka Connect and Connectors cluster as well.

1.2. Redpanda Cloud BYOC

Redpanda Data Cloud BYOC are Redpanda Data Cloud Dedicated clusters running in Company’s cloud account on Recognized Cloud Provider Services as Bring Your Own Cloud (“BYOC Services”).

2. Definitions

“Downtime” means the total accumulated seconds during a calendar month for a given Redpanda Data Cloud cluster during which the entire cluster is unavailable. Downtime is measured on a per cluster basis in intervals of five seconds, an interval is considered unavailable for a given cluster if Redpanda Data Cloud’s probe to the cluster fails to write. Downtime does not include unavailability that results from any of the exclusions described in this Cloud SLA.

“Monthly Fee” means the monthly fee per Redpanda Data Cloud cluster, which may be a prorated monthly portion of Fees under the Agreement.

“Monthly Uptime Percentage” means the total number of intervals in a calendar month, minus the total number of intervals of Downtime in such month, divided by the total number of intervals in such month. If Company’s Redpanda Data Cloud cluster is provisioned and running for only part of a calendar month, such cluster is deemed to be 100% available during the portion of the month in which it was not provisioned and running.

“Service Credit” means a credit against the Monthly Fee for the month in which an impacted cluster does not meet the Monthly Uptime Percentage Commitment, which is calculated on a per cluster basis in accordance with the table in Section 3 of this Cloud SLA.

“Zone” refers to availability zones within the region of the applicable provider of the Cloud Service.

3. Service Level Agreement

During the period of your Redpanda Data Cloud Services, Redpanda Data will use commercially reasonable efforts to make the Redpanda Data Cloud Service available with a Monthly Uptime Percentage of 99.95% or higher for multi-zone clusters and 99.50% or higher for single-zone clusters.

Monthly Uptime Percentage	Type of Cluster	Service Credit
<= 99.95%	Multi-Zone Cluster	10%
<=99.5%	Single-Zone Cluster	10%
< 99%	Any Cluster	25%
< 95%	Any Cluster	100%

4. Measurement Procedure

Redpanda Data measures availability or uptime using black box probing, where a probe is sent every 5 seconds, for each Redpanda Data Cloud cluster. An internal Cloud SLA topic is configured with replication factor set to 3, and number of partitions equal to the number of Redpanda Data brokers in the cluster. The probe is sent to every partition in the internal Cloud SLA topic and returns as successful only if the write is successful. It returns as failed if the write fails due to loss of quorum.

5. Service Credit Eligibility Criteria & Application Process

To be eligible for a Service Credit, Customer must meet all of the following criteria:

• Customer must be a paid Customer and have had a cluster during the applicable time period to which the Service Credit relates;
• The applicable cluster(s) must have all topics with replication factor of 3 or more;
• The applicable cluster(s) must have topics with tiered storage enabled;

Customers must submit a claim for Service Credits by logging a support ticket. The Service Credit request must be received by Redpanda Data within five (5) calendar days after the last day of the month in which the Redpanda Data Cloud Service does not meet the applicable Monthly Uptime Percentage commitment indicated above, and must include all information reasonably necessary for Redpanda Data to verify the claim, including:

• the words “SLA Credit Request” in the subject line;
• The cluster ID and name the applicable cluster(s); and
• a description of the events resulting in Downtime, including the time and duration of Downtime and the method used to observe it.

Redpanda Data will evaluate Customer requests and determine in good faith whether a Service Credit is owed based on its system logs, monitoring reports, configuration records, and other available information. If Redpanda Data confirms that the Monthly Uptime Percentage applicable to the month of such claim did not meet the Service Level, then Redpanda Data will issue the Service Credit to Customer. Customer’s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit.

Service Credits are not refundable and can only be used toward future billing charges. Redpanda Data will apply any Service Credits against Customer’s next billing charge. Service Credits are exclusive of any applicable taxes charged to the Customer or collected by Redpanda Data. Service Credits will not entitle the Customer to any refund or other payment from Redpanda Data. Service Credits are Customer’s sole and exclusive remedy for any unavailability of the Redpanda Data Cloud Service in accordance with the terms of this SLA. Service Credits expire without refund twelve (12) months from issuance.

6. Cloud SLA Exclusions

The Cloud SLA does not apply to any unavailability of the Redpanda Data Cloud Service resulting, in whole or in part, from:

6.1. Suspension of the Redpanda Data Cloud Service as described in the Agreement;

6.2. Company’s violation of the Agreement, including any misuse of the Redpanda Data Cloud Service;

6.3. Factors outside Redpanda Data’s reasonable control, including but not limited to any force majeure event, network intrusions, denial of service attacks, systemic internet issues or any other act or omission of any telecommunication or services provider;

6.4. The use of services, hardware, or software provided by a third party and not within the primary control of Redpanda Data, including issues resulting from inadequate bandwidth or resulting from failures of cloud platform services on which the Redpanda Data Cloud Service runs;

6.5. Company’s use of Kafka clients with unacceptable configuration values as defined in the Redpanda Data Cloud Service Documentation;

6.6. Company-controlled actions and/or environment or other failures or shortcomings not within Redpanda Data’s control;

6.7. Failure by Company to take any remedial action in relation to the Services as recommended by Redpanda Data, or otherwise preventing Redpanda Data from doing so;

6.8. Company’s negligence or willful misconduct, which may include failure to follow agreed-upon procedures;

6.9. Company’s unauthorized action or lack of action when required, including those of Company’s users or by means of Company’s passwords;

6.10. Any scheduled maintenance, or ad hoc maintenance including but not limited to upgrades and/or patching deemed critical or necessary by Redpanda Data to avoid future unavailability;

6.11. Company’s failure to provision and maintain access required to provision, monitor and manage to Redpanda Data Cloud service components deployed within Company’s cloud account.