Enterprise Product Description and Product Terms

Capitalized terms used and not defined in these Product Description and Product Terms (“Product Terms”) have the meanings given to them in the Order Form or Enterprise Terms.

1.Platform.sh Plans

Two architectures are available for Enterprise and Elite customers: Grid and Dedicated, as further detailed in 1.1 and 1.2 below.

Hosting regions. Dedicated and Grid Projects can be deployed on any IaaS provider regions that Platform.sh supports. The list of all available regions is listed here: https://docs.platform.sh/development/regions.html

Supported languages and frameworks. The list of supported languages and frameworks is available in the Documentation: 

• Languages: https://docs.platform.sh/languages.html 
• Frameworks: https://docs.platform.sh/guides.html 

Backups. Enterprise tier and Elite projects (Grid and Dedicated Gen 3) are provisioned with the Advanced backup policy.  Enterprise tier Projects can be upgraded to the Premium backup policy for an additional fee (SKU GRID-BACKUPS-PREMIUM) and Elite tier Projects are eligible for the Premium backup policy at no extra cost upon request. For more information on the available backup policies is available here:https://docs.platform.sh/security/data-retention.html. Dedicated Gen2 backups are handled by a different policy described here: https://docs.platform.sh/security/data-retention.html#dedicated-gen-2-backups

Customer is responsible for creating backups of its production environments before merging a different environment into it or each time Customer changes any resource allocations on a Customer production environment.

1.1.Grid Plans

Each Grid Plan includes:

• 99,9% hosting infrastructure SLA
• A total of 4 Environments : 1 Main; 3 Preview
• A set of resources defined by the plan size for the production environment dispatched between the different containers. Based on the Customer applications and services topology, the project may not be able to allocate all the plans resources to the containers
• Three concurrently running preview environments. Containers for preview environments are sized with the following set of resources by default: Application (0.4 vCPU / 128MB of Memory), Balanced service (0.05 vCPU / 32MB of Memory), High memory service (0.25 vCPU / 128MB of Memory)
• 1TB (Terabyte) of monthly egress bandwidth from the origin (aggregated across all the environments included in the plan)
• 5GB of storage for each environment (used for files, databases and other services)
• Observability Suite

1.1.1.Available Grid Plans:

1.1.2.Available Grid plans Add-ons

• ADDON-UPTIME-9999: Adds a 99.99% Uptime SLA upgrade for a specific Grid Plan
• ADDON-HIPAA: Enable HIPAA compliance on a specific project. An additional agreement needs to be validated by the Customer and Platform.sh before-hand. HIPAA projects are restricted to specific regions.

1.2.Dedicated Plans

Each Dedicated Plan includes:

• 99.99% hosting infrastructure SLA
• A total of 5 Environments : 1 Main; 3 Preview; 1 Staging 
• A cluster of three redundant virtual machines (Plan resources are dispatched on these 3 machines) for the Customer production environment. Resources on the production environment are allocated to the different production containers and the router component
• A Grid plan with a staging environment with a redundant setup and three concurrently running preview environments. Containers for preview environments are sized with the following set of resources by default: Application (0.4 vCPU / 128MB of Memory), Balanced service (0.05 vCPU / 32MB of Memory), High memory service (0.25 vCPU / 128MB of Memory)
• A CDN service (based on Fastly) including 1TB (Terabyte) of monthly egress bandwidth and 50 millions ingress requests
• 1TB (Terabyte) of monthly egress bandwidth from the origin (aggregated across all the environments included in the plan)
• 50GB of storage for each environment (used for files, databases and other services)
• Observability Suite

1.2.1.Available Dedicated Plans:

1.2.2.Available Dedicated plans Add-ons

• ADDON-HIPAA: Enable HIPAA compliance on a specific project. An additional agreement needs to be validated by the Customer and Platform.sh before-hand. HIPAA projects are restricted to specific regions.
• DEDICATED-MULTIAZ: The Multi-AZ add-on guarantees that the three machines of the project production environment are set up in different availability zones of the IaaS provider. Some region restrictions may apply.
• DEDICATED-NODE: Split architecture is available upon requests. The Dedicated cluster will be split in two different layers composed of 3 machines each. One layer is assigned to the stateless containers and can be scaled horizontally while the other layer stores all the stateful containers and will be scaled vertically.

1.3.Observability Suite

The Observability suite is an included add-on for all Enterprise and Elite  plans. It is composed of the following components:

1.3.1.Infrastructure Metrics

Infrastructure metrics are available on the console for the production environment of selected projects. The retention period is 30 days for grid based projects and dedicated clusters.

Infrastructure metrics are subject to availability in the project region.

1.3.2.Blackfire Monitoring

The Blackfire Monitoring will be configured for the production environment of the selected projects. In order to get access to the Blackfire Monitoring dashboard, users are required to have a Platform.sh account and have access to said production environment.

Each Platform.sh plan that bundles the Observability suite includes fair usage of traces up to an amount of 10 000 000 monthly traces based on the resources available. 

Custom sized clusters will have their limit defined by the number of CPUs matching the above classification. The Blackfire Monitoring data retention period is set at eight (8) weeks.

1.3.3.Blackfire Profiling

The Blackfire Profiler will be available on all environments of the selected projects. In order to get access to the Blackfire Profiler dashboard for a specific environment, users are required to have a Platform.sh account and access to said environment.

All plans include a limit of 1000 profiles generated per day. Auto profiles generated by Blackfire Monitoring count against that limit.

1.3.4.Blackfire Continuous Profiling

The Blackfire Contin

uous Profiling is available on all environments of the selected projects. In order to get access to the Blackfire Continuous Profiling dashboard, users are required to have a Platform.sh account on the selected project.

All plans include 1GB of Continuous Profiling data ingested per month.

1.3.5.  Blackfire Builds

The Blackfire Builds are available on all environments of the selected projects. In order to get access to the Blackfire Builds dashboard, users are required to have a Platform.sh account on the selected project.

All plans include a limit of 350 builds generated per day.

1.4.Grid and Dedicated Plans Options

1.4.1.Additional storage/IOPS

Additional storage can be bought by pack of 5GB (DSK-5). One unit is needed per environment. The maximum of a single environment is 1024GB.

1.4.2.Additional preview environments

Additional and larger packs of 3 concurrently running preview environments can be bought on specific projects. The available sizes are listed below:

Adding or upgrading the preview environments may require additional storage. 

1.5.3.Premium containers

License based versions of some services are available as an upgrade. These upgrades are subject to an external agreement that needs to be signed between the Customer and Platform.sh. The premium containers are billed based on the amount of memory these containers are using on all environments of the project.

ElasticSearch Premium Container is subject to the Elastic Service Terms set forth in Exhibit 1. 

1.5.4.Edge: Additional Fastly CDN service

The Customer can add an additional Fastly service (EDGE-SERVICE) to a project if needed. The add-on includes:

• 1 CDN service with up to 5 hostnames
• 1TB of outgoing bandwidth from Fastly per month
• 50M ingress requests per month

1.5.5.Edge: Web Application Firewall (requires a Fastly service)

The Customer can elect a Web Application Firewall add-on on a specific project. Each level comes with a required onboarding and a set number of prepaid Requests per second averaged per month. A project generating 3 Millions requests per month will require a monthly usage of 1.15 RPS (3,000,000 / 86400 seconds per day / 30 days).

This service will be prepaid on an annual basis based on the estimated monthly average traffic (Requests per Second, RPS). Traffic in excess of the prepaid amount on any given month will be billed as overage, as set forth in section 2.2 below.

1.4.6.Edge: Fastly Images Optimization (requires a Fastly service)

Platform.sh can enable the Fastly Image Optimization on Customer’s production environment(s). Such additional services will be prepaid on an annual basis based on the estimated volume of images delivered per month.Images delivered in excess of the prepaid amount on any given month will be billed as overage, as set forth in section 2.3 below. 

1.4.7.Edge: Prepaid extra bandwidth

The Customer expecting high traffic volumes on their application can increase the bandwidth allowance and define a set amount of monthly prepaid bandwidth amount. For the avoidance of doubt, any usage in excess of the prepaid amount will be billed as overage, as set forth in section 2.2 below.

1.4.8.Edge: Extra CDN TLS hostnames and certificates (requires a Fastly service)

In addition to the provided bundled certificates (apex domain and wildcard), at Customer’s option, Platform.sh may provide additional Fastly TLS certificates or  use Customer’s own certificate on the CDN edge servers. In such a case, Customer is responsible for managing and renewing its certificate to prevent any service interruption or security risks resulting from expired certificate. 

1.4.9.Edge: Edge DDoS surge protection (requires a Fastly service)

Platform.sh can provide a monthly insurance plan (EDGE-DDOS-PROTECTION) to prevent DDoS attacks related CDN traffic to be billed as CDN bandwidth overages. 

1.4.10.Edge: Rate Limiting (requires a Fastly service)

The Rate Limiting feature can be enabled on any Fastly Service (EDGE-RATE-LIMITING)

2 Grid and Dedicated Plans overages

2.1.Temporary upsizes

Grid and Dedicated Plans can benefit from temporary Upsizes to a larger size. If Customer’s servers have or will become overloaded due to greater than normal usage, Platform.sh will take reasonable measures to increase the server resource capacity in an effort to maintain the performance of the Customer’s Project. On the grid, upsizes of capacity require a deployment. Customer will keep the production branch of its Project in a deployable state and acknowledges that a deployment will cause downtime equal to the length of the deploy hook. Customer agrees that Platform.sh can unilaterally elect to add capacity for additional storage and computing power up to four times the contracted capacity (as long as a plan four times the capacity of the original exists as a generally available product offer) and that the excess capacity will remain provisioned for a minimum of seven (7) days. Such additional capacity will be billed at then-current rates in daily increments, with a minimum of seven (7) days. Platform.sh will also make reasonable efforts to contact the Customer and create a support ticket when it is determined that a server upgrade is needed. For server upgrade needs longer than 4 weeks, the increased server capacity will become permanent, and the Subscription Fee will be adjusted accordingly for the rest of the Subscription Term. An additional Order Form may be executed upon Platform.sh or Customer’s request. Platform.sh reserves the right not to provision additional server capacity if it determines that additional capacity is unlikely to significantly improve performance, including, without limitation, when the overload is caused by an error in Customer's software (e.g., PHP code), or during a denial-of- service attack. 

2.1.1 Temporary upsizes Grid Plans

2.1.2 Temporary upsizes  Dedicated Plans

2.2. Bandwidth and monthly ingress/egress overage

Customer’s Application receiving and sending more monthly traffic than the contracted bandwidth allowance (origin and/or Fastly) will be billed as follows:

2.3. Edge: Fastly Images Optimization overage

Images delivered in excess of the prepaid monthly volume of images will be billed as follows:  

3. Retired plans and options

Retired plans and options are not listed in these Product Terms but may be maintained for existing Customers renewing their subscriptions, at Platform.sh’s discretion. Any question regarding a retired plan or option must be addressed to the Customer’s support team or to your Platform.sh contact. 

EXHIBIT 1 

Elastic Service Terms

1. Definitions

1.1. As used in this Elastic Service Terms, the following terms shall have the following meanings, and other defined terms shall have the meanings set forth where such terms are first used: 

• “Elastic Software” means the software that is made available for use on Platform.sh’s PaaS Infrastructure, including all updates thereto and new releases thereof, that are made generally available by Elastic to its customers. 
•  "Software Agent" means the object code version of the Elastic Software agent that Platform.sh or Customer may install on a Customer endpoint to facilitate the ingestion of Customer content into the Software as part of the Services.
• “Documentation” means the end user documentation published at https://www.elastic.co/guide/index.html  by Elastic.
• “Elastic” means Elastic International BV , Keizersgracht 281, 1016 ED AmsterdamNetherlands.
• “Agreement”,“Services” , and “Customer” shall have the meaning set forth in the Order Form.

1.2. Any restrictions or provisions in these Elastic Service Terms conflicting with a provision of the Enterprise Terms or Product Terms prevail over such conflicting provision.

2. Minimum Terms

2.1. Customer acknowledges that  Elastic has required Platform.sh to agree to the provisions below with Customer: 

2.1.1. Customer shall look solely to Platform.sh to satisfy any obligations under the Agreement.  

2.1.2. Customer  shall comply with all laws applicable to its use of the Services, including data privacy laws and U.S. export control and sanctions laws. 

2.1.3. Customer shall not sell, resell, rent, lease, offer any time-sharing arrangement, service bureau or any service based upon the Services.

2.1.4. Customer shall not make available to any third party any analysis of the results of operation (including benchmarking results) of the Elastic Software, as accessed or used via the Services.  

2.1.5. Customer shall not use the Elastic  Software in high risk activities, where their use or failure could reasonably be expected to lead to death, personal injury, or environmental or property damage (such as but not limited to the creation or operation of nuclear facilities, aircraft, autonomous vehicles, weapon systems or life support systems).

2.1.6.The Software Agent is licensed, not sold, as a component to be managed by Customer as part of the Services, and is not licensed on a stand-alone basis.

2.1.7. Title to the Software Agent does not pass to the Customer, and Platform.sh and its licensors own and retain all intellectual property rights in the Software Agent except those rights expressly granted by Platform.sh under the Agreement.

2.1.8. No direct warranties from Elastic to or for the benefit of the Customer. 

2.1.9. Any license granted to Customer shall be a non-exclusive, limited in time license to install and use, in object code form, the Software Agent, solely to the extent necessary for the Software Agent to be managed by Platform.sh as part of the Services.  

2.1.10. Export Control. Customer is informed that the Elastic Software, Support Services, and technology acquired by Platform.sh from Elastic are subject to U.S. export control laws and regulations, including but not limited to the International Traffic In Arms Regulations (“ITAR”) (22 C.F.R. Parts 120130 (2010)); the Export Administration Regulations ("EAR") (15 C.F.R. Parts 730-774 (2010)); the U.S. antiboycott regulations in the EAR and U.S. Department of the Treasury regulations; the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Assets Control, and the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), as amended.  Customer is now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, Elastic Software or technology or disclose any Elastic Software or technology to any person contrary to such laws or regulations.  Customer acknowledges that remote access to Elastic Software may in certain circumstances be considered a re-export of Software, and accordingly, may not be granted in contravention of U.S. export control laws and regulations. 

2.1.11. Product Metadata. The Elastic Software may provide Product Metadata (defined below) to Elastic. Product Metadata does not include any Platform.sh or Customer personal data or any content that Platform.sh or Customer  processes or stores in the Software in connection with use by Platform.sh of the Software.  Elastic uses Product Metadata for security, support, product and operations management, and research and development. “Product Metadata” is statistical and other information about users configuration and use of the Elastic Software, such as type and version, operating systems and environment, cluster statistics (e.g., node type and counts), performance (e.g., uptime and response times and/or endpoint sensor detection events) and feature usage. 

2.1.12.Platform.sh and Customer will not (i) access or use the Elastic-hosted infrastructure ("Elastic-Hosted Infrastructure") that stores and processes the Product Metadata for the purposes of monitoring its availability or performance or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive services; or (ii) interfere with or disrupt the integrity or performance of any Elastic Hosted infrastructure. 

3. Restrictions

 3.1. Customer agrees not to:  

3.1.1. reverse engineer or decompile, decrypt, disassemble or otherwise reduce any Software Agent or any portion thereof, in either case, that has not been licensed in source code form by Elastic, to human-readable form except and only to the extent any such restriction is prohibited by applicable law, 

3.1.2. deploy or use the Software Agent on a stand-alone basis or for any purpose other than as a component to be managed by Platform.sh as part of the Services; 

3.1.3. prepare derivative works from, modify, copy or use the Software Agent in any manner except as expressly permitted in the Agreement; 

3.1.4. transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software Agent in whole or in part to any third party;  

3.1.5. alter or remove any marks and notices in the Software Agent; or 

3.1.6. access or use any Elastic-hosted infrastructure or related data, systems, or networks (collectively, “Elastic-Hosted infrastructure”) that interface with the Software Agent to monitor the availability or performance of such Elastic-Hosted infrastructure or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive services; or  

3.1.7. interfere with or disrupt the integrity or performance of any Elastic-Hosted infrastructure.