Service Level Agreement

1. Scope and Precedence

This Service Level Agreement ("SLA") is issued by EverXCloud Inc., a Delaware corporation, with its registered office at 8 The Green, Suite #19720, Dover, DE 19901, United States ("EverXCloud", "we", "us" or "our"), and forms part of the Terms of Service, available at everxcloud.ai/legal/terms. Capitalised terms not defined in this SLA have the meaning given in the Terms of Service.

This SLA applies to the following Instances ("Covered Instances"), whether operated by EverXCloud or by a Provider:

• on-demand Instances launched from a non-interruptible offer;
• Instances delivered under a Reservation, for the reserved period;
• Instances delivered following a matched Spot Order, where the offer was designated as non-interruptible in the Portal at the time of the Order.

This SLA does not apply to:

• interruptible offers, including any offer designated as interruptible, preemptible or spot in the Portal, which may be stopped at any time and carry no availability commitment;
• Services used free of charge or paid exclusively with Promotional Credits, trials and test offers;
• features, offers or regions designated as beta, preview, early access or experimental;
• the website, the Portal, the API and the market as such, except to the extent their unavailability makes a Covered Instance Unavailable;
• the durability of any data stored on an Instance; EverXCloud does not provide persistent storage.

This SLA prevails over the Terms of Service on its subject matter. If you are an Individual Customer, the Additional Terms for Consumers prevail over this SLA, and nothing in this SLA limits any right that you have under mandatory consumer protection law.

2. Definitions

• "Billing Month" means a calendar month, in Coordinated Universal Time (UTC).
• "Scheduled Time" means, for a Covered Instance in a Billing Month, the total number of minutes during which the Instance was in a running state at your request, excluding the minutes that fall within an Exclusion.
• "Unavailability" means a period of more than five (5) consecutive minutes during which a Covered Instance in a running state cannot be reached or does not operate, as determined by EverXCloud's monitoring systems, because (a) the host machine stops reporting to our monitoring systems, (b) the Instance or its GPUs stop functioning, or (c) all network connectivity to the Instance from the internet is lost. Each minute of such a period counts as one minute of Unavailability.
• "Monthly Uptime Percentage" means, for a Covered Instance in a Billing Month, the Scheduled Time minus the minutes of Unavailability, divided by the Scheduled Time, multiplied by 100.
• "Eligible Charges" means the charges actually incurred for the affected Covered Instance during the Billing Month concerned, excluding taxes and charges paid with Promotional Credits. For usage covered by an Hour Pack, Eligible Charges are calculated using the price per hour paid for that Hour Pack.
• "Service Credit" means an amount credited to your Prepaid Balance under this SLA.
• "Exclusion" means any event or period described in Section 5.

3. Service Commitment

EverXCloud will use commercially reasonable efforts to ensure that each Covered Instance achieves a Monthly Uptime Percentage of at least 99.5% in each Billing Month (the "Service Commitment").

The Service Commitment applies to each Covered Instance separately, from the time it reaches a running state until it is stopped or destroyed. It does not guarantee that capacity will be available when you wish to launch an Instance, place an Order or make a Reservation: all offers are subject to availability.

4. Measurement

Availability is measured by EverXCloud's own monitoring systems, which check the host machines and the Instances every minute. Our monitoring records are the basis for the calculation of the Monthly Uptime Percentage. You may submit your own logs in support of a claim, and we will take them into account in good faith, but they do not replace our records.

Our public status page at everxcloud.ai/support/status shows the current state of our main services, scheduled maintenance, incident reports and availability history. The status page provides general information and does not by itself determine the availability of a particular Instance.

5. Exclusions

The following periods are not counted as Unavailability and are excluded from the Scheduled Time:

• scheduled maintenance announced on the status page or by e-mail or in the Portal at least 48 hours in advance, up to eight hours per Billing Month per Covered Instance, and emergency maintenance needed to address an urgent security vulnerability;
• periods caused by your acts or omissions or those of your users, including your software, container images, models, configuration, firewall rules, operating system changes, excessive load, or the stopping, restarting or destruction of the Instance by you or through your API keys;
• suspension, restriction or termination of an Instance or account in accordance with the Terms of Service or the Acceptable Use Policy, including stops pending review for suspected prohibited use;
• stops resulting from the exhaustion of your Prepaid Balance, the reaching of a spend cap or other spending limit, or the expiry of a Spot Order, Reservation or Hour Pack;
• the stopping or preemption of Instances launched from interruptible offers;
• failures of networks, internet service providers, DNS, or equipment outside the data centre in which the Instance is hosted and outside our reasonable control;
• Force Majeure Events as defined in Section 29 of the Terms of Service;
• periods during which the Instance was in rescue mode, restarting at your request, or being launched;
• failures of a third-party service that you chose to use with the Instance.

These Exclusions do not apply to the Prolonged Outage Protection in Section 7 where the outage is caused by a failure of the host machine or of the Provider's facility, except for the Exclusions relating to your acts or omissions, suspension, balance exhaustion, spend limits and interruptible offers.

6. Service Credits

If a Covered Instance does not meet the Service Commitment in a Billing Month, you are entitled, upon a valid claim, to a Service Credit equal to the following percentage of the Eligible Charges for that Instance for that Billing Month:

• Monthly Uptime Percentage less than 99.5% but equal to or greater than 99.0%: 10%;
• Monthly Uptime Percentage less than 99.0% but equal to or greater than 95.0%: 25%;
• Monthly Uptime Percentage less than 95.0%: 50%.

The total Service Credits for a Covered Instance in a Billing Month may not exceed 50% of the Eligible Charges for that Instance for that Billing Month. No usage is charged for minutes during which an Instance is not running because of a host failure; Service Credits are in addition to that non-charging.

7. Prolonged Outage Protection

If a Covered Instance suffers a continuous Unavailability of more than 23 hours caused by a failure of the host machine, its hardware, or the Provider's facility or network, EverXCloud will, at your choice:

• provide a replacement Instance with an equivalent or higher specification, at no additional charge compared with the price of the affected Instance, for the remainder of the period for which the affected Instance was ordered, subject to availability; or
• where no equivalent replacement is available or you decline it, refund in full the charges paid for the affected Instance for the period of the outage.

Separately, if we determine that a Provider deliberately or fraudulently caused the interruption or degradation of a Covered Instance, EverXCloud will refund in full the charges paid for the affected Instance for the affected period.

Refunds under this Section are credited to your Prepaid Balance as paid funds and may be refunded to your original payment method, on request, in accordance with the Refund and Cancellation Policy. They replace, and are not cumulative with, Service Credits under Section 6 for the same period. Your workloads, data stored on the affected Instance and any work in progress are not transferred to the replacement Instance.

8. Reservations Not Delivered

If a reserved Instance is not delivered within 15 minutes after the scheduled start of a Reservation, you may cancel the Reservation at no cost and are charged nothing for it, as described in the Refund and Cancellation Policy. If a reserved Instance fails during the reserved period because of the host or the Provider, you are charged only for the time actually delivered, and this SLA applies to the delivered time.

9. Claim Procedure

To receive a Service Credit or a refund under this SLA, you must submit a claim through the support section of the Portal or by e-mail to [email protected] within 30 days after the end of the Billing Month in which the Unavailability occurred, or, for Section 7, within 30 days after the end of the outage. The claim must include:

• the words "SLA claim" in the subject line;
• the identifier of the affected Instance and of your organisation;
• the dates and times (with time zone) of each period of Unavailability claimed;
• any logs or other information that support the claim.

We will review the claim and inform you of our decision, normally within 30 days of receipt. If we confirm that the Service Commitment was not met, we will credit the Service Credit or refund to your Prepaid Balance within 30 days of our decision. Claims submitted late or without the information above may be rejected. You are not eligible for a Service Credit while you are in breach of the Terms of Service or the Acceptable Use Policy, or while your Prepaid Balance is negative.

10. Credit Terms and Exclusive Remedy

• Service Credits are credited to your Prepaid Balance in the currency of the affected charges. They have no cash value, cannot be transferred, withdrawn or refunded, and can only be used to pay for future Services. They are treated as Promotional Credits under the Refund and Cancellation Policy.
• Service Credits do not expire while your account remains open. They are forfeited on closure or termination of your account.
• The total of all Service Credits and refunds under this SLA in a Billing Month may not exceed the charges paid for the affected Covered Instances in that Billing Month.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE CREDITS AND REFUNDS DESCRIBED IN THIS SLA ARE YOUR SOLE AND EXCLUSIVE REMEDY, AND EVERXCLOUD'S SOLE AND ENTIRE LIABILITY, FOR ANY UNAVAILABILITY, INTERRUPTION OR DEGRADED PERFORMANCE OF THE SERVICES. THIS SECTION DOES NOT LIMIT ANY RIGHT OF AN INDIVIDUAL CUSTOMER UNDER MANDATORY CONSUMER PROTECTION LAW, INCLUDING ANY RIGHT TO A PRICE REDUCTION, REPEAT PERFORMANCE OR TERMINATION FOR SERVICES NOT SUPPLIED AS AGREED.

11. Interruptible Offers

Interruptible offers are sold at a reduced price in exchange for the possibility that they may be stopped at any time, with or without advance notice, including to free capacity for other customers or because the Provider withdraws the capacity. No Service Commitment, Service Credit or Prolonged Outage Protection applies to them. Data stored on an interruptible Instance may be lost when it is stopped. You must not use interruptible offers for workloads that cannot tolerate interruption.

12. Data and Backups

This SLA does not cover the durability or recoverability of data. Local disks of an Instance are erased when the Instance is destroyed, and data may be lost in the event of a hardware failure. You are responsible for maintaining backups of your data outside the Instance.

13. Support

Support is available through the support section of the Portal and by e-mail at [email protected]. An automated assistant may answer general questions at any time; requests are handled by our team during the business hours published in the Portal. We aim to send a first response from a member of our team within the following targets, measured during business hours:

• urgent (a production Covered Instance is down, or a security incident): 1 hour;
• high (a Covered Instance is seriously degraded): 4 hours;
• normal (other technical or billing questions): 24 hours;
• low (general questions and feature requests): 48 hours.

We assign the priority of each request based on the information you provide. These targets are objectives for first response, not commitments to resolve the issue within that time. We pursue them on a best-efforts basis for all Customers; they do not give rise to Service Credits or other remedies, and no response time is guaranteed for Individual Customers.

14. Status Page and Incident Communication

We publish ongoing incidents, scheduled maintenance and incident reports on our status page at everxcloud.ai/support/status, and may also notify affected Customers by e-mail or in the Portal. Scheduled maintenance is announced on the status page in advance in accordance with Section 5.

15. Changes to this SLA

We may update this SLA from time to time. A change that reduces the Service Commitment or the Service Credits will be notified to account holders by e-mail or in the Portal at least 30 days before it takes effect, and will not apply to a Reservation or Hour Pack purchased before the change for its remaining duration. The updated SLA will be published at everxcloud.ai/legal/sla with its effective date.

Effective date: 19 October 2026. Version 2026-10-19.