Service Level Agreement

For workloads on our production tiers, Fortlab Corporation ("Fortlab", "we", "us") commits to a monthly uptime of 99.99% for the Covered Services: Virtual Machines, block storage, and network services. Other Service tiers — including trial, free, and promotional Services — are not covered by this SLA.

As Fortlab adds new generally-available Service tiers, we will update the Covered Services list above and notify customers in accordance with §7.

Uptime for a calendar month is calculated as: Uptime = (Total Minutes in Month − Unscheduled Downtime Minutes) ÷ Total Minutes in Month.

"Unscheduled Downtime" means any period of more than five (5) consecutive minutes during which a Covered Service is not generally available, as measured by Fortlab's monitoring systems, excluding any period attributable to:

• Scheduled maintenance, as defined in §3.

• Emergency maintenance, as defined in §3.

• Force majeure events, as set out in §16 of the Terms (including events outside Fortlab's reasonable control, internet access disruptions, and third-party service disruptions).

• Customer's actions or inactions, including misconfiguration, exceeding rate limits, or use of unsupported configurations.

• Acts of any third party not under Fortlab's direct control.

• Violations of the Terms (including the Acceptable Use Policy), or suspension or termination resulting from such violations or from non-payment.

• Beta, preview, trial, free, or promotional Services, which are not Covered Services.

Outages of five (5) consecutive minutes or fewer are not counted as Unscheduled Downtime, regardless of frequency.

Scheduled maintenance. Fortlab may perform scheduled maintenance from time to time. We will announce scheduled maintenance windows at least thirty-six (36) hours in advance by email and via the status page. Scheduled maintenance is not Unscheduled Downtime.

Emergency maintenance. Where maintenance is required for security or critical operational reasons (including responding to vulnerabilities, urgent capacity changes, or incident remediation), we may perform it with shorter notice or without prior notice. We will communicate emergency maintenance as soon as practicable, including the reason and the affected Services. Emergency maintenance is not Unscheduled Downtime.

We will use commercially reasonable efforts to schedule maintenance during off-peak hours and to minimize disruption.

If Fortlab fails to meet the 99.99% uptime commitment for a Covered Service in a calendar month, you may claim a Service Credit calculated as a percentage of the Affected Monthly Fee (defined below):

• Less than 99.99% but at least 99.0% — 10% of the Affected Monthly Fee.

• Less than 99.0% but at least 95.0% — 25% of the Affected Monthly Fee.

• Less than 95.0% — 50% of the Affected Monthly Fee.

"Affected Monthly Fee" means the fees attributable to the affected Covered Services for the month in which the SLA failure occurred, calculated based on the per-second metering described in §5 of the Terms. It does not include fees for unaffected Services, support plans, or one-time charges.

To claim a Service Credit, submit a written request to [email protected] within thirty (30) days after the end of the month in which the SLA failure occurred. Your request must include:

• The affected Service and Customer account.

• The date(s) and approximate duration of the downtime.

• The impact on your workload, including any logs, screenshots, or status-page references that support the claim.

Fortlab will acknowledge the request within five (5) business days and review it in good faith. Approved Service Credits will be applied to your next invoice. If your account is on a prepaid plan and there is no future invoice to credit against, the Service Credit will be applied to a renewal or refunded if no renewal occurs.

Service Credits are your sole and exclusive remedy for any failure of Fortlab to meet the SLA.

• The total Service Credits issued in any month for a Covered Service cannot exceed 100% of the Affected Monthly Fee for that Service.

• Where multiple Covered Services miss the SLA in the same month, Service Credits are calculated separately per Service and aggregated, subject to the cap above.

• Service Credits are non-transferable and may not be applied to a different account, a different Customer, or unrelated Services.

• Service Credits cannot be exchanged for cash, except as set out in §5 (where there is no future invoice to credit against).

• This SLA does not apply to beta, preview, trial, free, or promotional Services.

Fortlab may modify this SLA from time to time. The current version will always be posted at /service-level-agreement with a revision date. Material changes that reduce the Service Credits available, narrow the Covered Services, or otherwise reduce a Customer's benefits under this SLA will be announced by email at least thirty (30) days before they take effect, in accordance with §18 of the Terms. Continued use of the Service after the effective date constitutes acceptance.

For SLA claims, email [email protected]. For technical support during an outage, contact support per your support plan. The current Service status is available at status.nimbusnexus.net.