Service Level Objective (SLO)
During the Term , Cohere will use commercially reasonable efforts to make the Cohere API SaaS Services available on a 24 x 7 x 365 basis with an objective of achieving the following “Monthly Uptime Percentages ”for the corresponding “Covered Service ”as set out in the following table (the "Service Level Objective "or "SLO "):
|Covered Service||Monthly Uptime Percentage|
If Cohere fails to meet the SLO in any calendar month during the Term, and if Customer meets its obligations under the Agreement, Customer will be entitled to receive the following credits as applicable (the “Service Level Credits ”):
|Monthly Uptime Percentage||Cohere % of Monthly Invoice|
|98% to <99.5%||10%|
|95% to 97.99%||20%|
*Credited %: Percentage of the monthly invoice for the respective Covered Service which does not meet the SLO that will be credited to the next monthly invoice of Customer.
The Service Level Credits are Customer ’s sole and exclusive remedy and Cohere ’s sole and entire obligation and liability in respect of any failure of Cohere to meet the SLO. In order to receive any Service Level Credits, Customer must notify Cohere at firstname.lastname@example.org within 30 days from the time that Customer becomes entitled to receive a Service Level Credit. Customer must provide Cohere with the date and time upon which the SLO failure occurred, and any additional information requested by Cohere. If Customer does not comply with these requirements, Customer forfeits its right to receive a Service Level Credit. Based on the information provided by Customer and Cohere ’s internal system logs, Cohere will make a determination, in its sole discretion, whether Customer will receive a Service Level Credit.
Any Service Level Credits issued by Cohere apply to outstanding or future invoices only and are forfeited upon termination or expiration of the Agreement. Cohere is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation after termination or expiration of the Agreement.
Cohere may unilaterally amend this SLO, in whole or in part, by giving Customer prior notice of such amendment or posting notice of such amendment on the Website.
The SLO does not apply to any features within the Covered Services that are marked as Alpha or Beta or any features excluded from the Covered Services as stated in Cohere ’s Documentation.
“Covered Service ”means services that comprise the Cohere API SaaS Services available at the following Websites: (i) os.cohere.ai; and (ii) api.cohere.ai.
“Monthly Uptime Percentage ”means the total percentage of availability of a Covered Service within any given month, excluding unavailability of such Covered Service due to one or more of the following: (i) acts or omissions of Customer or its Permitted Users, including any modifications made to the Covered Service or any breach of the terms of the Agreement; (ii) Customer 's failure to adhere to Cohere ’s recommendations, including hardware or software configuration necessary to meet minimum system requirements for the Covered Service; (iii) acts or omissions of Cohere when complying with the request or acting under the direction of Customer; (iv) spikes in demand for system resources driven by Customer for which Customer and Cohere did not previously agree in writing; (v) scheduled or emergency maintenance of the Covered Service; (vi) downtime of third party service providers; (vii) Force Majeure; or (viii) suspension permitted under the Agreement.