Service Level Agreement

Introduction

GCloud is dedicated to making the Cloud Backup Services easy to access and use while providing you with the highest standards of service. This SLA formally sets forth GCloud's commitment to ensure 99.9% uptime of the Cloud Backup Services.

Availability

For as long as you are subscribed to the Cloud Backup Services in accordance with the Terms of Use, GCloud will ensure that the Cloud Backup Services will be available and operational at an annual Uptime Percentage of at least 99.9%, as measured over any calendar month (the "Service Level Goal"). If GCloud fails to meet the Uptime Percentage in any calendar month, and as long as you have met your obligations under the Terms of Use, you may notify GCloud of such failure by sending an email to GCloud at support@gcloudbackup.com, and GCloud will provide you with a Service Credit. The Service Credit is your sole and exclusive remedy for a failure by GCloud to meet the Service Level Goal.

SLA Exclusions

The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or to Downtime resulting from:

• Amazon Web Services outage or other causes beyond GCloud's reasonable control, including force majeure events;
• Your or any third party's equipment, services, actions, or lack thereof;
• GCloud's scheduled maintenance and version upgrades;
• Network unavailability due to misconfiguration or failure of the internet service provider;
• Issues resulting from any third-party software or hardware components not managed by GCloud;
• User-initiated actions that result in service interruptions.

Definitions

• "Downtime" means the total number of minutes in a calendar month during which the Cloud Backup Services are unavailable or inoperable.
• "Monthly Uptime Percentage" means the total number of minutes in a calendar month minus Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
• "Service Credit" means a credit calculated as the difference between the Service Level Goal and the Monthly Uptime Percentage, multiplied by the monthly fee payable by you to GCloud for the applicable month in accordance with the Terms of Use.

Service Credit Claim

To claim a Service Credit, you must contact GCloud support within thirty (30) days following the end of the month in which GCloud did not meet the Service Level Goal. You must provide the dates and times of each incident of Downtime that you claim to have experienced. GCloud will evaluate all information reasonably available to it and make a good faith determination of whether a Service Credit is owed. GCloud will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Limitation of Liability

To the fullest extent permitted by applicable law, GCloud shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the service; (b) any unauthorized access to or use of our services or servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (f) the defamatory, offensive, or illegal conduct of any third party. In no event shall GCloud's aggregate liability for all claims related to the service exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid GCloud, if any, in the past twelve months for the service.

General Provisions

GCloud reserves the right to amend this SLA at any time by posting the amended SLA on the GCloud website. Your continued use of the Cloud Backup Services following the posting of any changes to this SLA constitutes acceptance of those changes.

This SLA is governed by the laws of the jurisdiction in which GCloud is headquartered, without regard to its conflict of laws principles.

Effective Date

This SLA is effective as of May 2025 and will remain in effect until terminated in accordance with the Terms of Use.