DigitalOcean GPU Droplet Service-Level Agreement (SLA)

DigitalOcean GPU Droplets the “GPU Droplets” are Linux-based virtual machines (VMs) that run on top of virtualized hardware powered by GPUs designed to support AI/ML workloads. Each GPU Droplet you create is a new server you can use, either standalone or as part of a larger, cloud-based infrastructure.

This DigitalOcean Service Level Agreement ("SLA") is a policy governing the use of the DigitalOcean GPU Droplet service and applies separately to each account using the Droplet. In the event of a conflict between the terms of this SLA and the terms of the DigitalOcean Terms of Service or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict.

GPU DROPLET SLA

1. Uptime (as defined below) for the GPU Droplets shall be measured and calculated at the server node level, rather than at the cluster level. During each billing cycle the GPU Droplets will have a 99.5% Uptime per month (the “GPU Droplet SLA”). “Uptime” is calculated monthly by subtracting from 100% the percentage of 5-minute intervals during the monthly billing cycle in which a GPU Droplet server node(s) has no external connectivity (the “Downtime”). If a GPU Droplet node exists for only part of the month, availability is calculated over the portion of the month during which it existed. Monthly uptime measurements exclude unavailability resulting directly or indirectly from any SLA Exclusion as defined below.

2. Downtime caused by the following events ("SLA Exclusions") will not be taken into consideration when calculating the monthly Uptime: (i) maintenance, user-initiated downtime, and other scheduled interruptions; (ii) factors outside of DigitalOcean’s reasonable control, including any force majeure event, such as third-party software or Internet access beyond the demarcation point of the applicable DigitalOcean data center; (iii) user’s equipment, software or other technology; or (iv) issues with or related to account restrictions, suspensions or terminations including but not limited to your use of Services in violation of the TOS.

3. Downtime will begin to accrue as soon as you (subject to DigitalOcean’s confirmation) either report that an outage is taking place or acknowledges a pro-active report from DigitalOcean that an outage is taking place, and continues until the availability of the applicable GPU Droplet node is restored or an in-kind replacement of the GPU Droplet node is provided. You must notify DigitalOcean in writing within 24 hours from the time of Downtime, and failure to provide such notice will forfeit the right to receive Service Credits. “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible Account. Your sole and exclusive remedy, and DigitalOcean’s entire liability, in connection with failure to meet the SLA shall be the issuance of Service Credits in accordance with the following:

   a. Service Credits are calculated as a percentage of the monthly bill for GPU Droplet server node(s) that did not meet the GPU Droplet SLA in a month in accordance with the table below.

   Monthly Uptime Percentage	Service Credits
   Less than 99% but equal to or greater than 95%	10%
   Less than 95% but equal to or greater than 90%	25%
   Less than 90%	50%

   b. You can request Service Credit by contacting Support. To be eligible, the credit request must be submitted within three (3) months of the end of the billing cycle when the issue occurred. All Downtime and applicable Service Credits are calculated by DigitalOcean. You shall reasonably cooperate with and provide DigitalOcean with information reasonably necessary to allow DigitalOcean to determine the extent of any Downtime, including the inclusion of monitoring tooling at the machine and network level.

   c. The Service Credits will be provided in the form of a credit applied to future use of the GPU Droplets and will be applied to the use of the GPU Droplets taking place within ninety (90) days of the provision of the Service Credit, after which period any unused Service Credits shall expire without any further compensation. Service Credits will not entitle you to any refund or other payment from DigitalOcean. Service Credits will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). The Service Credits may not be transferred or exchanged for cash or other forms of payment.