Customer Service Level Agreement (SLA)

This Customer Service Level Agreement (“SLA”) governs applicable service availability commitments, service credits, operational responsibilities, maintenance treatment, and related service level matters applicable to customer use of the NexNodo platform and associated services.

This SLA forms part of and is incorporated into the applicable NexNodo Terms of Service, Cloud Service Agreement, Order Form, Enterprise Agreement, or equivalent customer agreement governing use of the NexNodo platform.

Capitalized terms not otherwise defined herein shall have the meanings assigned under the applicable customer agreement.

1. PURPOSE AND SERVICE MODEL

NexNodo operates a cloud infrastructure platform and marketplace enabling customers to provision, deploy, consume, and manage infrastructure resources and related services provided through the NexNodo ecosystem.

The Parties acknowledge that services delivered through the NexNodo ecosystem involve multiple operational layers, including:

• NexNodo software platform services
• orchestration systems
• billing systems
• deployment tooling
• marketplace functionality
• infrastructure provider services
• cloud infrastructure resources
• customer-managed workloads
• third-party software deployments
• and related operational components.

Accordingly, this SLA applies using a layered operational responsibility model.

2. SLA COVERAGE

This SLA applies solely to applicable NexNodo-controlled platform services.

Covered services may include, where applicable:

• NexNodo platform portal functionality
• customer account platform functionality
• platform APIs
• provisioning systems
• deployment orchestration systems
• billing systems
• marketplace platform components
• or equivalent software-controlled NexNodo platform services.

Unless expressly stated otherwise, this SLA does not apply to:

• customer applications
• customer workloads
• customer software environments
• customer deployment configurations
• customer-managed services
• third-party software deployments
• open-source software deployments
• AI applications
• databases
• Grafana, OpenWebUI, Prometheus, or similar deployed applications
• or equivalent customer-controlled software environments.

3. NEXNODO PLATFORM AVAILABILITY COMMITMENT

Subject to the terms, exclusions, limitations, and conditions of this SLA, NexNodo targets 99.9% Monthly Platform Availability for covered NexNodo platform services.

“Monthly Platform Availability” means the percentage of time during a calendar month during which applicable covered NexNodo platform services remain operationally available, excluding permitted exclusions described within this SLA.

Availability calculations may be performed using commercially reasonable monitoring methodologies, operational telemetry, incident analysis, platform observability systems, or equivalent operational measurement practices reasonably selected by NexNodo.

4. INFRASTRUCTURE PROVIDER SERVICE LEVELS

Infrastructure resources made available through the NexNodo ecosystem may be supplied by independent infrastructure providers, data center partners, or equivalent infrastructure operators.

Infrastructure uptime commitments, resource availability commitments, networking availability, GPU availability commitments, compute availability commitments, storage availability commitments, or equivalent infrastructure-level service commitments may vary depending upon:

• selected infrastructure provider
• deployment region
• service category
• resource class
• commercial package
• provider-specific SLA terms
• or applicable infrastructure conditions.

Where applicable, provider-specific infrastructure SLA commitments may supplement this SLA.

For example, certain infrastructure providers participating within the NexNodo ecosystem may offer infrastructure uptime targets such as 99.99% availability or substantially equivalent provider-specific commitments.

NexNodo does not guarantee identical infrastructure uptime levels across all providers, regions, or service offerings.

5. MONTHLY MEASUREMENT PERIOD

Service level calculations under this SLA shall be evaluated using monthly measurement periods.

Monthly availability calculations may account for covered platform availability, maintenance windows, operational exclusions, permitted downtime treatment, incident analysis, and commercially reasonable operational measurement methodologies.

6. PLANNED MAINTENANCE AND OPERATIONAL EXCLUSIONS

This SLA does not apply to downtime, degradation, reduced performance, service interruption, or operational impacts arising from:

• scheduled maintenance
• planned maintenance activities
• emergency maintenance
• security response activities
• software upgrades
• platform releases
• infrastructure provider outages
• networking failures outside NexNodo control
• third-party software failures
• customer software behavior
• customer configuration errors
• customer misuse
• unsupported software
• Internet disruptions
• DNS failures
• payment processor disruptions
• cloud provider dependencies
• force majeure events
• government actions
• cybersecurity events of extraordinary scope
• or equivalent circumstances outside NexNodo’s reasonable operational control.

NexNodo may perform scheduled or emergency maintenance using commercially reasonable operational practices.

Where operationally feasible, NexNodo may provide commercially reasonable maintenance notice; however, advance notice timing, maintenance scheduling, and maintenance communication delivery cannot be guaranteed.

7. SERVICE CREDITS

Where covered NexNodo platform availability falls below the applicable Monthly Platform Availability commitment, eligible customers may request limited service credits.

Unless otherwise agreed in writing, applicable service credits may be calculated as follows:

Monthly Platform Availability below 99.9% but at or above 99.0%→ up to 5% service credit

Monthly Platform Availability below 99.0%→ up to 10% service credit

Service credits:

• are limited to future NexNodo service credits
• do not constitute cash refunds
• do not create guaranteed customer damages

may be applied using wallet credits, billing adjustments, account credits, or equivalent commercial treatment reasonably determined by NexNodo.

Service credits represent the customer's exclusive monetary remedy relating to SLA claims covered by this Agreement.

8. SERVICE CREDIT ELIGIBILITY

Customers seeking service credits must submit commercially reasonable supporting information relating to the applicable incident, affected services, observed impact, account details, and relevant operational context.

Requests for service credits should be submitted within a commercially reasonable period following the applicable service event.

NexNodo may investigate requests using commercially reasonable monitoring records, operational telemetry, platform logs, incident reports, provider information, or equivalent operational evidence.

NexNodo reserves the right to deny service credit requests arising from:

• excluded downtime categories
• customer-controlled environments
• customer misuse
• customer software failures
• provider-level exclusions
• billing non-compliance
• fraud concerns
• chargeback disputes
• or equivalent ineligible circumstances.

9. INCIDENT COMMUNICATION

Where commercially reasonable and operationally appropriate, NexNodo may provide customer communications regarding material platform incidents, operational disruptions, maintenance activities, or materially significant service events affecting covered platform services.

Communication timing, communication channels, operational visibility, incident investigation timelines, and communication detail levels may vary depending upon incident severity, operational circumstances, legal considerations, security requirements, or provider coordination requirements.

10. EXCLUSIVE REMEDY

Except where prohibited by applicable law, the service credits described within this SLA constitute the customer's sole and exclusive monetary remedy for claims relating to service availability, downtime, degraded platform performance, or covered SLA events.

Nothing within this SLA expands NexNodo liability beyond limitations established under the applicable customer agreement.

11. SLA MODIFICATIONS

NexNodo may modify this SLA from time to time.

Material SLA modifications may become effective upon publication, customer notification, platform publication, or equivalent commercially reasonable notice mechanisms implemented by NexNodo.

Continued use of the NexNodo platform following policy effectiveness constitutes acceptance of the revised SLA to the extent permitted under the applicable customer agreement.

12. CONTACT

Questions relating to SLA coverage, platform availability, service credits, maintenance treatment, or operational service levels may be directed to:

support@nexnodo.com

• or equivalent contact channels designated by NexNodo from time to time.