Service-Level Agreement

This Service-Level Agreement (the “SLA”) forms part of the agreement between Valgix, LLC. (“Valgix,” “we,” “us,” or “our”) and the customer that purchases and uses an eligible service (“Customer,” “you,” or “your”). It applies only to the Covered Service defined below and only while your account and the affected service are eligible under this SLA.

Capitalised terms not defined here have the meanings given in the Valgix Terms of Use. If this SLA conflicts with the Terms of Use about availability measurement or the remedy for a failure to meet the availability commitment, this SLA controls for that limited subject. An individually signed agreement controls where it expressly replaces this SLA.

Product pages, dashboards, status pages, support messages, probe results, and marketing materials are informational and do not expand this SLA unless they expressly say that they amend it.

• “Affected Server” means the individual Covered Server for which eligible Unavailability is being measured.
• “Covered Minute” means a full minute during the Measurement Period in which an Affected Server is paid, provisioned, and expected to be running. A partial minute is not counted as an Unavailable Minute.
• “Covered Server” means an active, paid Valgix virtual server plan that is generally available and is not expressly excluded at checkout or in the service description.
• “Measurement Period” means a calendar month. For a service that begins or ends during a month, it means only the eligible paid portion of that month.
• “Monthly Availability Percentage” or “MAP” means the percentage calculated under Section 5 for one Covered Server.
• “Service Credit” means a non-transferable monetary account credit calculated under this SLA and applied to eligible future Valgix service charges.
• “Unavailable Minute” has the meaning given in Section 6.

The “Covered Service” is the availability of each Covered Server's allocated compute, attached primary storage, and Valgix-managed external network connectivity required to reach that server through its assigned primary public IP address. Availability is assessed per Covered Server, not across the Customer's account, project, location, or fleet as a whole.

The SLA does not separately cover add-ons, additional IPv4 addresses, backups, snapshots, recipe deployment, the customer dashboard, support chat, status display, email delivery, or third-party applications unless a written order expressly adds them to the Covered Service. A failure in one of those features counts only if it also makes the Covered Server unavailable under Section 6.

Free, trial, promotional, beta, preview, experimental, or no-charge services are not Covered Services unless we state otherwise in writing.

Valgix will use commercially reasonable efforts to provide each Covered Server with a Monthly Availability Percentage of at least 99.9% during each Measurement Period (the “Availability Commitment”).

The Availability Commitment is a contractual target with the Service Credit remedy described below. It is not a representation that the Covered Service will be uninterrupted, error-free, or available 100% of the time. Separate Covered Servers do not share, pool, or stack availability results.

For each Covered Server, MAP is calculated as follows:

Covered Minutes exclude periods before provisioning is complete, after cancellation or termination becomes effective, while the server is intentionally stopped or suspended, and other excluded periods described in this SLA. If no Covered Minutes exist for a server in a month, no MAP or Service Credit is calculated for it.

Measurements use coordinated universal time and Valgix's service, infrastructure, network, and incident records. We may consider reliable evidence supplied by you, but a third-party probe, local clock, or single monitoring endpoint does not by itself establish Unavailability.

An “Unavailable Minute” is a full consecutive minute during which a Covered Server simultaneously has no external connectivity through its primary public network path, cannot access its attached primary storage, or cannot execute because of a failure in systems controlled by Valgix, and the condition is confirmed by our records or incident investigation.

Intermittent events lasting less than one full minute do not count. Degraded performance, latency, packet loss, temporary management-action delay, or reduced throughput does not count unless it results in the complete qualifying loss described above for at least one full minute.

Application errors, a failed health check inside your software, exhausted resources, an operating-system fault, a firewall rule, an expired certificate, a broken recipe, or inability to use a particular protocol does not make a server unavailable if the underlying compute, primary storage, and external connectivity remain available.

We correlate infrastructure telemetry, network observations, operational records, customer reports, and incident timelines to determine the start, end, scope, and cause of a qualifying incident. A single infrastructure event may affect several servers, but MAP and credits are still calculated separately for each Affected Server.

A status-page incident may cover a wider service area than your server, and an incident may be identified after service has recovered. The presence or absence of a public incident entry does not by itself decide eligibility. We will not knowingly exclude a confirmed qualifying outage merely because it was not published publicly.

If a Covered Server's MAP is below 99.9% and all eligibility requirements are met, the following percentage applies to the Credit Base defined in Section 9:

Credit tiers are not cumulative. Only the single highest applicable percentage is used for an Affected Server in a Measurement Period.

Credit Base

The “Credit Base” is the net recurring fee attributable to the base Covered Server for the affected Measurement Period, after discounts and excluding taxes, additional IPv4 addresses, separately priced add-ons, one-time charges, usage charges, refunds, prior credits, and amounts not successfully paid.

For an annual plan, the monthly Credit Base is one-twelfth of the net annual base server fee. If the service was eligible for only part of the month, the Credit Base is prorated to the eligible paid portion. A credit cannot exceed the amount you paid for the Affected Server for that Measurement Period.

Maximum credit

The maximum aggregate Service Credit for one Affected Server in one Measurement Period is 50% of its Credit Base. Credits for multiple incidents do not stack above that cap, and the same Unavailable Minute cannot be credited more than once under this SLA or another availability remedy.

Submitting a claim

We may apply a Service Credit automatically when our records clearly establish eligibility. If a credit is not applied automatically, you must contact Valgix support within 30 days after the end of the affected Measurement Periodand identify the Affected Server, the approximate incident date and time, the impact observed, and the credit requested.

We may reasonably request logs or other evidence needed to validate the claim. Remove passwords, private keys, tokens, and unrelated personal data before sharing evidence. A support request may be submitted at any time even if live support is outside its published working hours.

Eligibility

At the time of the incident and when the credit is issued, the account must be in good standing, the Affected Server must be a paid Covered Server, and undisputed charges for it must be paid. You must not have caused or materially prolonged the incident or prevented reasonable diagnosis. A late or materially incomplete claim may be denied if we cannot reliably validate it.

We aim to decide a complete claim within 30 days. Complex incidents may require more time, in which case we will provide a status update. A denial will identify the main reason and does not prevent you from supplying relevant missing information within the original claim window or 10 days after the denial, whichever is later.

Approved Service Credits are applied to eligible future Valgix service charges on the same account, ordinarily within one billing cycle after approval. They have no cash value, are not transferable, cannot be sold, and cannot be moved to another account. They expire 12 months after issue unless applicable law requires otherwise.

Where the transaction is processed by a merchant of record, we may implement the remedy through an account credit, billing adjustment, partial refund, or another operationally equivalent method. The amount will not exceed the credit calculated under this SLA.

Except where applicable law requires another remedy, Service Credits are your sole and exclusive remedy, and our sole obligation, for failure to meet the Availability Commitment. This does not limit rights that cannot lawfully be limited.

The following periods and conditions do not count as Unavailability:

• factors outside Valgix's reasonable control, including force majeure events and Internet failures beyond the boundary of the Valgix-managed network;
• your application, operating system, kernel, driver, recipe, script, configuration, firewall, credential, certificate, DNS, traffic pattern, or third-party software;
• resource exhaustion, a denial-of-service event beyond the reasonable capacity of the included protection, or abusive or prohibited use attributable to you or your users;
• an action or omission by you, including stopping, restarting, reinstalling, resizing, upgrading, restoring, rescuing, or deleting the server;
• suspension, restriction, or termination permitted by the Terms of Use, including for non-payment, security risk, legal requirements, or acceptable-use violations;
• a failure of your device, local network, Internet provider, domain registrar, external DNS, payment method, or another third party not under our control;
• planned or emergency maintenance excluded under Section 13;
• beta, preview, free, no-charge, or expressly excluded features; or
• a condition that does not meet the definition of an Unavailable Minute.

We will apply exclusions narrowly and based on available evidence. If an excluded event and a Valgix-controlled failure overlap, only the portion that we can reasonably attribute to the excluded event is removed from the calculation.

Planned maintenance

Planned maintenance does not count as Unavailability only when we provide at least 48 hours' notice through the dashboard, email, status page, or another reasonable service channel. The exclusion is limited to the announced window and to a maximum of four hours per Covered Server in a calendar month. Time beyond either limit is measured normally under this SLA.

Emergency maintenance

We may perform emergency maintenance without 48 hours' notice when reasonably necessary to address a critical security vulnerability, active threat, data-integrity risk, or imminent infrastructure failure. Only the period reasonably necessary for that work is excluded. Where practicable, we will notify affected customers promptly and publish material impact through the status experience.

You are responsible for designing applications for the level of resilience they require, monitoring your workloads, maintaining supported software, protecting credentials, configuring firewalls and DNS correctly, and keeping independent copies of critical data. A single virtual server is a single service instance; application high availability may require multiple servers, locations, or other architecture.

You must provide accurate incident information, preserve relevant non-sensitive logs, cooperate with reasonable troubleshooting, and avoid actions that obscure or prolong the condition. This section does not shift responsibility for a confirmed Valgix-controlled outage to you.

Backup and snapshot features are recovery tools and are not a substitute for an application-aware data protection strategy. Geo-redundant backup handling is designed to protect eligible restore-point copies beyond a single storage location, but backup creation, replication, retention, and restoration are not included in the 99.9% Covered Service unless a written order expressly states otherwise.

We do not guarantee that software running during a backup was placed into an application-consistent state. A file system, database, queue, cache, or other customer-managed application may require its own quiescing, transaction, export, or recovery procedure. You are responsible for verifying restore points and the restored state of your software and data.

This SLA does not establish a recovery point objective, recovery time objective, or data-durability commitment. Those commitments apply only if stated in a separate written agreement.

Valgix may display current service state, response-time samples, monitoring regions, incident history, and services associated with your account. This information is intended to improve transparency and may be delayed, sampled, aggregated, corrected, or temporarily unavailable.

Monitoring region names describe observation points, not necessarily the physical location of your server. Response time is not an availability percentage. The contractual MAP is determined under Sections 5 through 7, even where a graph or live status indicator differs temporarily.

Support helps investigate incidents and administer claims, but this SLA does not promise a first-response, resolution, or restoration time. Published support working hours describe live support availability and do not reduce the Availability Commitment or prevent a claim from being submitted outside those hours.

An estimate, workaround, operational update, or target communicated by support is not a separate service-level commitment unless Valgix expressly confirms it as a written amendment to this SLA.

We may update this SLA to reflect service, legal, or operational changes. Material reductions to the Availability Commitment or credit schedule will apply no earlier than the next renewal period after reasonable advance notice, unless an immediate change is required by law or to address an urgent security risk. The version in effect when an incident occurred governs that incident.

Submit an SLA claim through Valgix support in the customer dashboard. Legal questions about this SLA may be sent to legal@valgix.com. Notices to Valgix, LLC. may also be sent to the registered office listed on the Valgix Legal page.