Service Level Agreement

This SLA, including the uptime commitment and service credits described below, applies equally to every running Cube and every active Nest managed-hosting account (each, a “Covered Resource”). Nest is covered under exactly the same uptime commitment, definitions, exclusions and credit bands as Cubes — there is no separate, lesser or best-efforts standard for Nest, and no additional signup required to be covered. Wherever this SLA says “Cube,” the equivalent commitment and process apply to a Nest account, and vice versa, except where a specific provision below distinguishes between them.

We target 99.5% Monthly Uptime for each Covered Resource, calculated as described in Section 3. This commitment is deliberately narrow: it covers only loss of connectivity to, or loss of underlying storage access for, a Covered Resource that is caused by the Krova Cloud infrastructure we operate — for a Cube, the underlying host, host networking, the Firecracker hypervisor layer, and the storage backing the Cube's root disk; for a Nest account, the underlying host, host networking, and the shared hosting control-panel and storage infrastructure we operate on its behalf.

It does not cover the availability, correctness or performance of the operating system, packages, containers, databases, applications, websites, email, or any other software you install, configure or run on a Covered Resource — including WordPress installs, plugins, themes, and anything else you manage through the Nest control panel. A Covered Resource that is reachable and has working storage access is, for the purposes of this SLA, up — regardless of whether the software running on it has crashed, hung, been misconfigured, or is otherwise unavailable for reasons within your control.

• “Covered Resource” means a Cube that is in the running state, or a Nest managed-hosting account that is active (not suspended), at the relevant time.
• “Monthly Uptime Percentage” means, for a given Covered Resource and calendar month: (total minutes in the month − Downtime minutes) / total minutes in the month × 100. The calculation is limited to minutes during which the Covered Resource was running or active at the start of the Downtime Period, and excludes any period described in Section 5 (Exclusions).
• “Downtime” means a period during which a Covered Resource is, due to a cause within the Krova Cloud infrastructure described in Section 2, either (a) unreachable over the network on every network path we provide to it — for a Nest account, this means its assigned domain(s) and control panel are unreachable — or (b) unable to read from or write to the storage backing it (a Cube's root disk, or a Nest account's hosting storage). Downtime is measured from the first automated or customer-reported indication of the condition to the time the condition is resolved.
• “Downtime Period” means a single, continuous occurrence of Downtime lasting at least five (5) consecutive minutes. Downtime lasting less than five consecutive minutes does not count toward Monthly Uptime Percentage, and intermittent conditions that individually fall under this minimum are not aggregated to meet it.

If the Monthly Uptime Percentage for a Covered Resource in a calendar month falls below 99.5%, you are eligible for a service credit against that Covered Resource's charges for that month, calculated as follows:

• Monthly Uptime Percentage below 99.5%: 10% service credit of the affected Covered Resource's charges for that month.
• Monthly Uptime Percentage below 99.0%: 20% service credit of the affected Covered Resource's charges for that month.
• Monthly Uptime Percentage below 90.0%: 100% service credit of the affected Covered Resource's charges for that month.

Only the highest applicable band for a given month is credited — credits are not cumulative across bands. Credits are calculated against the compute, storage and backup-storage charges actually billed for the affected Cube, or the plan charges actually billed for the affected Nest account, for the affected month, and are applied as account credit to the space that owns the Covered Resource. We do not issue cash refunds under this SLA.

Monthly Uptime Percentage does not account for, and no Downtime or service credit accrues from, unavailability or disruption caused by or resulting from any of the following:

• Scheduled maintenance for which we provide reasonable advance notice, and emergency maintenance reasonably required to protect the security, integrity or stability of the Service or our infrastructure;
• Force majeure events beyond our reasonable control, including natural disasters, acts of government, power or utility failures, and internet backbone disruptions;
• Outages or degradation of upstream or third-party services we do not control, including upstream network providers, DNS registries and resolvers, certificate authorities, and third-party payment, email or storage providers;
• Your own acts, omissions or configuration, including software, firewall rules, network configuration, resource exhaustion, or credentials you control on a Covered Resource — inside a Cube, or within a Nest account's control panel, sites, mailboxes and databases — and any misuse of the Service by you or anyone using your account;
• Any period during which the Covered Resource, space or account is suspended or restricted in accordance with the Terms or our Acceptable Use Policy, including for a zero credit balance, a suspected Acceptable Use Policy violation, or non-payment;
• Any period during which a Cube is in a stopped, booting or otherwise non-running state (including auto power-off triggered by a zero credit balance), or a Nest account is inactive for the same reasons — this SLA applies only to Covered Resources that are running or active;
• Distributed denial-of-service (DDoS) attacks or other malicious traffic directed at your Covered Resource, our infrastructure, or the internet paths between them; and
• Any beta, preview, early-access or experimental feature or offering, which is provided without any uptime commitment under this SLA.

To request a service credit, email [email protected] within 30 days of the end of the calendar month in which the claimed Downtime occurred. Your claim must include, at minimum: the affected Covered Resource (a Cube, by name or ID, or a Nest account, by hosting-account name or primary domain) and space, the dates and times (with time zone) of each claimed Downtime Period, and any supporting detail you have (error messages, monitoring records, or a description of what you observed). We will review claims in good faith against our own monitoring and infrastructure records, which are authoritative for determining whether Downtime occurred and its duration. Our determination of whether Downtime occurred, its duration, and the amount of any service credit due is made in our sole discretion and is final and binding, subject to any non-waivable right you have under applicable law. Claims submitted after the 30-day window, or that omit the information above, are not eligible for a credit.

The aggregate service credits issued under this SLA for a given Covered Resource in a given calendar month will not exceed the total charges actually billed for that Covered Resource for that month. In no event will credits under this SLA exceed the amount you paid us for the affected Covered Resource in the month to which the claim relates.

The service credits described in this SLA are your sole and exclusive remedy, and our sole and exclusive liability, for any failure to meet the uptime commitment in Section 2 or for any Downtime, however arising. Any service credit issued under this SLA is, in all cases, subject to the overall limitation of liability set out in Section 14 of our Terms of Service and does not enlarge, and is counted toward, that limit.