This Service Level Agreement ("SLA") applies to the CloudPilot AI cloud services (the "Service") and is incorporated into the agreement under which the customer ("Customer") has subscribed to the Service. If a separately executed agreement between CloudPilot AI and Customer contains different service level terms, that agreement controls.
1. Service Availability Target
CloudPilot AI will use commercially reasonable efforts to ensure that the availability of the Service reaches at least 99.95% in each calendar month. The Service will be considered unavailable only if a CloudPilot AI component cannot launch a replacement instance in Customer's cluster.
2. Planned Downtime
If the Service will be unavailable due to system maintenance, backup, or upgrade needs, CloudPilot AI will notify Customer at least seventy-two (72) hours in advance of the planned downtime ("Planned Downtime"). Planned Downtime is not counted as unavailability.
3. Service Credits
If CloudPilot AI fails to meet the Service Availability Target in any calendar month, Customer will be eligible to receive a Service Credit calculated as a percentage of the monthly service fees actually paid for the affected month:
| Monthly Availability | Service Credit |
|---|---|
| Below 99.95% but at or above 99.0% | 10% |
| Below 99.0% but at or above 95.0% | 25% |
| Below 95.0% | 50% |
4. Credit Request and Application
To receive a Service Credit, Customer must submit a written request to CloudPilot AI within thirty (30) days of the end of the month in which the unavailability occurred, including a reasonable description of the relevant incident(s). The maximum aggregate Service Credits for any single calendar month will not exceed fifty percent (50%) of the monthly service fees actually paid for that month, and Service Credits do not accumulate across months. Service Credits will be applied to future invoices or through the applicable marketplace adjustment mechanism; they are non-refundable, non-transferable, and may not be exchanged for cash. Availability data is determined by CloudPilot AI's monitoring systems.
5. Exclusions
The following are not counted as Service unavailability:
- Planned Downtime for which CloudPilot AI provided at least seventy-two (72) hours' prior notice;
- Failures or outages of third-party service providers, including but not limited to AWS, GCP, Azure, and other cloud infrastructure providers;
- Internet connectivity interruptions or other network issues beyond CloudPilot AI's reasonable control;
- Customer's acts or omissions, including misconfiguration, failure to follow documentation, or failures of Customer's systems;
- Force majeure events, including natural disasters, war, terrorism, government actions, or labor disputes;
- Features or services labeled as "Beta," "Preview," "Experimental," or similar designations.
6. Sole and Exclusive Remedy
The Service Credits set forth in this SLA are Customer's sole and exclusive remedy, and CloudPilot AI's entire liability, for any failure to meet the Service Availability Target or any other service interruptions.