LUMINARY CLOUD

SUPPORT POLICY AND SERVICE LEVEL AGREEMENT

Last Updated: October 24, 2021

 

This Luminary Cloud Support Policy and Service Level Agreement (“Policy”) describes Luminary’s support offering (“Luminary Support”) in connection with Customer reported bugs, defects, or errors in the Service (“Error(s)”).  Luminary Support shall be provided in accordance with the written subscription agreement under which Luminary provides its cloud high-performance computing platform as entered into by and between you (“Customer”) and Luminary (“Agreement”). Customer shall receive Premier Support or Priority Support as designated in the applicable Order Form (“Support Level”). This Policy may be updated by Luminary from time to time. Capitalized terms not defined in this Policy shall have the meaning given to them in the Agreement.

 

I.      Support

1.              Services. As part of providing the Service and as further described in the Documentation, Luminary has processes designed to perform robust testing and validation before each release to minimize Errors.

2.              General Support Offering. Customer shall designate one primary contact who will have administrator privileges and may designate additional contacts up to its number of Users (“Customer Contacts”). Luminary shall provide English-speaking remote assistance to Customer Contacts for questions or issues arising from any Error, as further described in this Policy, including troubleshooting, diagnosis, and recommendations for potential workarounds for the duration of Customer’s subscription to the applicable Service. Luminary shall also provide the specific entitlements as further described in this Policy and the tables below.  Details for Priority Support will be made available (upon general availability of that support level) in the Priority Support Services Description at http://legal.luminarycloud.com/, which shall be incorporated herein by this reference.

3.              Contacting Luminary Support. Customer Contacts may contact Luminary Support: (a) by submitting a support request to the Luminary webpage hosting the support portal located at https://support.luminarycloud.com (or such successor URL as may be designated by Luminary) (such website the “Support Portal”) and designating the appropriate severity level according to Table 1 below, or (b) in the event Customer Contacts are unable to access the Support Portal, by submitting the support request to support@luminarycloud.com, or (c) in the event Customer Contacts are unable to access either the Support Portal or email, by contacting Luminary Support by phone at Luminary’s primary business phone number identified at www.luminarycloud.com solely for purposes of having a support request submitted on their behalf (each, a “Support Case”). All Customer Contacts must be reasonably trained in the use and functionality of the Service, must have read the Documentation and made reasonable effort to find answers and/or follow troubleshooting instructions, and shall use reasonable diligence to ensure a perceived Error is not an issue with Customer equipment, software, or internet connectivity.

4.              Submission of Support Cases. Each Support Case shall: (a) designate the Severity Level of the Error in accordance with the definitions in Table 1 below, (b) identify the Account that experienced the error, (c) include information sufficiently detailed to allow Luminary Support to attempt to duplicate the Error (including any relevant error messages), and (d) provide contact information for the Customer Contact most familiar with the issue. Unless Customer otherwise designates the Severity Level, the Support Case will default to Severity Level 4. If Customer believes the issue to be related to Client Software, then the Support Case shall also include the applicable Client Software log files. If Customer Contacts submit Support Cases related to enhancement or feature requests, Luminary shall treat those tickets as closed once the request has been forwarded internally.

 

5.              Premier Support. If Customer is receiving Premier Support, the following shall apply in addition to the support description in Section 2 (General Support Offering):

a.   Follow-the-Sun Case Management. Luminary Support shall implement follow-the-sun case management for handling Severity Level 1 Support Cases, to better facilitate uninterrupted support by utilizing Luminary Support across multiple time zones (limited to time zones in which Luminary has support personnel).

b.   Case Escalation. If Customer reasonably believes Luminary Support is not performing in a professional manner or is failing to provide timely responses in accordance with this Policy, Customer may escalate the Support Case using the support escalation process described in the Support Portal (“Case Escalation”).  Any Support Case escalated by Customer will be directed to Luminary’s management team for consideration.

 

6.              Priority Support. If Customer is receiving Priority Support, the following shall apply in addition to the support description in Section 2 (General Support Offering) and Section 5 (Premier Support):

 

a. Follow-the-Sun Case Management. Luminary Support shall implement follow-the-sun case management for handling Severity Level 1 and Severity Level 2 Support Cases, to better facilitate uninterrupted support by utilizing Luminary Support across multiple time zones (limited to time zones in which Luminary has support personnel).

 

7.              External Users SupportCustomer’s External Users, if any, shall not be designated as Customer Contacts. Any Support Cases brought by External Users shall instead be submitted either by Customer’s Customer Contacts under this Agreement or by such External Users under their separate governing agreement as a Luminary customer (separate from Customer and Customer’s Agreement). Notwithstanding the foregoing, if Customer or Customer Contacts requests escalation of Support Cases on behalf of an External User, the escalation will be handled at either Customer’s or External User’s Support Level, whichever is greater.

 

8.              Other Support and Training. Luminary also offers various support and training resources such as documentation, FAQs and user guides available in the Service and/or the Support Portal. Additionally, Luminary may provide paid consultation and training services via Technical Services under an SOW (subject to the availability of appropriate Luminary personnel at Luminary’s sole discretion).

 

Table 1: Error Severity Level Definitions

Severity Level 1 (Critical Severity)

An Error that (a) renders the Luminary Service completely inoperative or (b) makes Customer’s use of material features of the Service impossible, with no alternative available.

Severity Level 2 (High Severity)

An Error that (a) has a high impact to key portions of the Service or (b) seriously impairs Customer’s use of material function(s) of the Service and Customer cannot reasonably circumvent or avoid the Error on a temporary basis without the expenditure of significant time or effort.

Severity Level 3 (Medium Severity)

An Error that has a medium-to-low impact on the Service, but Customer can still access and use some functionality of the Service.

Severity Level 4 (Low Severity)

An Error that has low-to-no impact on Customer’s access to and use of the Service.

         

 

Table 2: Severity Level Response Times

Error Severity Level

Initial Response Time Target

Premier Support[1]

Priority Support[2]

(N/A for Early Access Services)

Severity Level 1 (Critical Severity)

One (1) hour

(One (1) Business Day for Early Access Services)

Fifteen (15) Minutes

Severity Level 2 (High Severity)

Two (2) Business Hours

(One (1) Business Day for Early Access Services)

Two (2) Hours

Severity Level 3 (Medium Severity)

One (1) Business Day

Four (4) Business Hours

Severity Level 4 (Low Severity)

Two (2) Business Days

One (1) Business Day

             

9.              Error Response. Upon receipt of a Support Case, Luminary Support will attempt to determine the Error and assign the applicable Severity Level based on the descriptions in Table 1. Luminary shall use commercially reasonable efforts to meet the Initial Response Time Target for the applicable Severity Level, as measured during in-region Luminary Support hours set forth in Table 3 below (such hour(s), “Business Hour(s)” with the total Business Hours in an in-region support day being “Business Day(s)”). If the Customer Contact that submitted the Support Case is unresponsive or unreachable, Luminary may downgrade the Severity Level by one level. If Luminary’s Severity Level designation is different from that assigned by Customer, Luminary will promptly notify Customer in advance of such designation. If Customer notifies Luminary of a reasonable basis for disagreeing with Luminary's designated Severity Level, the parties will discuss in an effort to come to mutual agreement. If disagreement remains after discussion, each party will escalate within its organization and use good faith efforts to mutually agree on the appropriate Severity Level.

 

Table 3: Global Luminary Support Hours[3]

Luminary

Service Region

Premier & Priority Support Business Hours

Sev 1 (Premier)

Sev 1 & 2 (Priority)

Sev 2-4 (Premier) &

Sev 3-4 (Priority)

Excluded Holidays for

Sev 2-4 (Premier) &

Sev 3-4 (Priority)

North America

24x7x365

24x7x365

8AM-6PM PT Mon-Fri

Recognized U.S. Federal Holidays

 


 

 

II.     Service Level Agreement

 

Definitions:

 

Average Daily Luminary Credits is defined as Customer’s actual Luminary Credit consumption in the calendar month of the Cloud Provider Region in which the Availability Service Level Failure occurred divided by the number of days in such month.

 

Calendar Minutes” is defined as the total number of minutes in a given calendar month.

 

Cloud Provider Region” is defined as the Region and Cloud Provider as configured by Customer via the Service or selected automatically by the Service.

 

“Error Rate” is defined as the number of Failed Operations divided by the total number of Valid Operations. Repeated identical Failed Operations do not count towards the Error Rate.

 

“Failed Operations” is defined as Valid Operations where the Luminary Service returns an internal error to Customer.

 

Valid Job Configuration” is defined as Job Configuration which conforms to Luminary's recommendations and is reasonable for use in the Service as per a) the Luminary Documentation; or (b) Service-use recommendations provided by Luminary Support personnel.

 

Initial Wait Time” is defined as the wall-clock time measured in seconds or minutes between the User submitting a Job and the initial second of the Job’s runtime in the Service. For avoidance of doubt, Initial Wait Time includes any time the Job spent in any queue waiting to be scheduled or waiting for resource allocation (as described in the Documentation), however Initial Wait Time excludes any up-front processing time between when the Job is considered running in the Service and when any results are presented to the User (for the avoidance of doubt, the latter is considered runtime, not wait time).

 

Job Configuration” is defined as Job inputs, setup, settings, parameters, parameter values, data, and the like, as provided by Customer when submitting a Job.

 

“Monthly Availability Percentage” is defined as the difference between Calendar Minutes and the Unavailable Minutes, divided by Calendar Minutes, and multiplied by one hundred (100).

 

“Unavailable” is defined as an Error Rate greater than one percent (1%) over a one-minute interval calculated across all of Customer’s Valid Operations within each applicable Cloud Provider Region. The Error Rate is 0 when a Customer’s Account is inactive, i.e., when there are no Valid Operations in the one-minute interval.

 

“Unavailable Minutes” is defined as the total accumulated minutes when the Service is Unavailable in a given calendar month.

 

“Valid Operation” is defined as an operation that conforms to a) the Luminary Documentation; or (b) Service-use recommendations provided by Luminary Support personnel.

 

1.              Availability Service Level

The Monthly Availability Percentage for the Luminary Service is ninety-nine and nine-tenths percent (99.9%) (“Availability Service Level”). If the Luminary Service fails to meet the Availability Service Level in a given month (“Availability Service Level Failure”), then as Customer’s sole and exclusive remedy, Customer shall receive the applicable number of Luminary Credits set forth in Table 5 below (“Availability Service Level Credits”), credited against Customer’s usage in the Cloud Provider Region in the calendar month following the Availability Service Level Failure provided that Customer requests Availability Service Level Credits within twenty-one (21) days of the calendar month in which the Availability Service Level Failure occurred. Availability Service Level Credits may not be exchanged for, or converted to, monetary amounts.

 

Table 5: Availability Service Level Credit Calculation

Monthly Availability Percentage

Availability Service Level Credits

Under 99.9% but greater than or equal to 99.0%

1 x Average Daily Luminary Credits

Under 99.0% but greater than or equal to 95.0%

3 x Average Daily Luminary Credits

Under 95.0%

7 x Average Daily Luminary Credits

 

Example Calculation - Customer is using the Service in the GCP US West 1 Region. Customer uses the Service at a steady rate of 100 Valid Operations submitted per minute. In the month of April, Customer experiences 2 Failed Operations per minute of a 250-minute period. For the month of April, the Customer has experienced an Error Rate of 2% in the GCP US West 1 Region ((2 Failed Operations / 100 Valid Operations) * 100) during the 250-minute period.  In this example, the Service was Unavailable for the period of 250 minutes because the Error Rate exceeded 1%. There are 43,200 Calendar Minutes in the month of April (30 days x 24 hours x 60 minutes). This results in a Monthly Availability Percentage of 99.4% calculated as ((43,200 - 250) / 43,200 * 100).  If Customer used a total of three thousand (3,000) Luminary Credits in April, then Customer’s Average Daily Luminary Credits for April would be one hundred (100) Luminary Credits (3,000 / 30 days in April). Since the Monthly Availability Percentage is 99.4%, Customer’s Availability Service Level Credit would be one hundred (100) Luminary Credits (1 x 100 Average Daily Luminary Credits), which would be credited against Customer’s usage of the Luminary Service in May.

2.              Realtime Service Level

The Initial Wait Time[4] for any non-Batch Job in the Luminary Service is less than 20 minutes and for any Batch Job is less than 3 hours (“Realtime Service Level”). If the Luminary Service fails to meet the Realtime Service Level for any given Job (a “Slow Job”), then as Customer’s sole and exclusive remedy, Customer shall receive a discount applicable to Service usage for that Slow Job as set forth in Table 6 below (“Slow Job Discount”), credited against Customer’s usage in the Cloud Provider Region in the calendar month following the Slow Job provided that Customer requests the Slow Job Discount within twenty-one (21) days of the calendar month in which the Slow Job occurred (assuming the credit has not been applied automatically by the Service). The Slow Job Discount may not be exchanged for, or converted to, monetary amounts. The Slow Job Discount is not cumulative with any Batch Mode Discount; the Slow Job Discount, if applicable, replaces any applicable Batch Mode Discount.

 

Table 6: Realtime Service Level Credit Calculation

Initial Wait Time

Slow Job Discount

Between 20 minutes and 3 hours

65% Discount

Over 3 hours

80% Discount

 

3.              Reliability Service Level

Jobs in the Luminary Service run to completion and produce results[5] when provided with Valid Job Configuration (“Reliability Service Level”). If the Luminary Service fails to meet the Reliability Service Level for any such Job (an “Incomplete Job”), then as Customer’s sole and exclusive remedy, Customer shall receive a refund of Service usage for the Incomplete Job (“Incomplete Job Refund”), credited against Customer’s usage in the Cloud Provider Region in the calendar month following the Incomplete Job provided that Customer requests the Incomplete Job Refund within twenty-one (21) days of the calendar month in which the Incomplete Job occurred (assuming the credit has not been applied automatically by the Service). The Incomplete Job Refund may not be exchanged for, or converted to, monetary amounts. For avoidance of doubt, a Job which fails to achieve numerical convergence is not a failure to produce results and is not an Incomplete Job.

 

III.   Policy Exclusions

Luminary will have no liability for any failure to meet the Availability Service Level, Realtime Service Level, or Reliability Service Level to the extent arising from:

(a)   Customer's failure to use the Service in accordance with Luminary's recommendations for use of the Service -- though, upon being notified of such a case, Luminary will endeavor to help Customer address the failure (e.g., with additional recommendations);

(b)   any Job Configuration provided by Customer or Service usage by Customer which causes a Job to produce invalid or incorrect results, crash, fail to produce a result, fail to terminate or complete, or cause any other error or failure condition, including but not limited to failure to achieve a converged numerical solution, and including what is known colloquially as “pilot error”;

(c)   Customer or User equipment;

(d)   third party acts, or services and/or systems not provided by or on behalf of Luminary (for the avoidance of doubt, this exclusion (c) does not apply to the acts, services or systems of any Cloud Providers);

(e)   Force Majeure Events -- i.e., any cause beyond such party’s reasonable control, including but not limited to acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war;

(f)    evaluation or proof-of-concept use of the Service; or 

(g)   use of Early Access Services.

 

 



[1] Same-day Initial Response Time Targets are not provided for Early Access Services.

[2] Priority Support is not provided for Early Access Services.

[3] Luminary currently only provides support in the United States.

[4] Luminary does not provide a guaranteed service level for runtime performance as it is highly dependent on Job configuration.

[5] Luminary does not provide a guaranteed service level for the accuracy or correctness of results. Luminary provides verification & validation (V&V) documentation and examples to demonstrate accuracy and correctness.