DanaIX Cloud Services — Terms of Service

Article 1 (Purpose)

These Terms of Service (the "Terms") govern the rights, obligations, and responsibilities between DanaCloud Co., Ltd. (the "Company"), which provides cloud infrastructure services under the DanaIX brand, and the customers (each, a "Customer") in connection with the use of those services.

Article 2 (Definitions)

The terms used in these Terms are defined as follows. Any term not defined here is interpreted in accordance with applicable law, the Schedules to these Terms, and the service guides published on the Company's website.

1. Services — collectively, the cloud infrastructure services and any ancillary or managed services provided by the Company under the DanaIX brand, as described on the Company's website and in the applicable service guides.
2. DanaIX Cloud Server — a virtual server instance provided by the Company, comprising the hardware, hypervisor, and software resources allocated to run a Customer's operating system and applications.
3. Dedicated Server / Private Cloud — physical server capacity or an isolated cloud environment dedicated to a single Customer.
4. Internet Data Center (IDC) — a facility designed to house and operate the Company's infrastructure and to connect it to Internet backbone networks.
5. Console (Portal) — the web interface through which a Customer manages its Account and the Services.
6. API — the application programming interfaces published by the Company for programmatic management of the Services.
7. Account — the Customer's registered identity used to access and manage the Services.
8. Region / Availability Zone (AZ) — a geographic location, and an isolated fault domain within a Region, in which the Services are provided.
9. Volume (Block Storage) — a block-storage device that can be attached to a DanaIX Cloud Server and used as a disk.
10. Snapshot — a point-in-time copy of a Volume or Cloud Server.
11. Image — a template used to create a Cloud Server, including operating-system images supplied by the Company and images created by the Customer.
12. Object Storage — a storage service for unstructured data accessed over standard object-storage APIs.
13. Managed Kubernetes — a Kubernetes service in which the Company operates the control plane and the Customer operates its workloads.
14. Floating IP — a public IP address that the Customer can allocate and associate with its resources.
15. Line — a network line provided by the Company for Internet connectivity, with speed measured in Mbit/s or Gbit/s.
16. Bandwidth — the data-transfer rate (capacity) of a Line, measured in Mbit/s or Gbit/s.
17. Traffic (Data Transfer) — the cumulative volume of data uploaded or downloaded over a given period, measured in GB or TB.
18. Wallet — the Customer's prepaid balance held with the Company, from which Service Fees are deducted.
19. Service Fees — the fees charged for the Services, comprising recurring fees and non-recurring fees such as additional traffic charges, additional IP charges, technical-support charges billed at cost, and one-time setup charges.
20. Service Credit — a non-refundable, non-transferable amount applied to the Customer's Wallet as the remedy for an availability shortfall under the SLA, with no cash value.
21. SLA (Service Level Agreement) — the service-level commitments and Service Credit mechanics set out in Schedule 1.
22. Scheduled Maintenance — pre-announced repair, inspection, replacement, upgrade, or maintenance of servers, network and security equipment, and other facilities, conducted within an announced window in order to prevent service failures.
23. Emergency Maintenance — unscheduled stabilization work performed to correct unexpected errors or to address an imminent risk to the Services or their security.
24. Customer Data — any data, content, or software that the Customer or its end users store, process, or transmit using the Services.
25. Personal Data — information relating to an identified or identifiable individual, as defined under the Personal Information Protection Act (PIPA) and related laws.
26. Acceptable Use Policy (AUP) — the policy governing permitted and prohibited uses of the Services, published on the Company's website and forming part of these Terms.

Article 3 (Effect and Amendment of the Terms)

1. These Terms take effect upon being published on the Company's website (danaix.com).
2. The Company may amend these Terms. Where it does so, the Company will publish the amended Terms together with the current Terms, stating the effective date and the reason for the amendment, on the website for at least seven (7) days before the effective date — or thirty (30) days where the amendment is unfavorable or material to the Customer.
3. A Customer who does not agree to an amendment may object before the effective date. If the Customer continues to use the Services without objecting after the effective date, the Customer is deemed to have accepted the amendment. Where an amendment is unfavorable or material, the Company will additionally notify affected Customers individually by email or through the Console, and a Customer who objects may terminate the affected Services without penalty before the effective date.

Article 4 (Supplementary Application)

Matters not addressed in these Terms are governed by applicable law, the Schedules, the service guides published on the Company's website, and, where none of these applies, by general industry practice.

Article 5 (Freedom of Contract)

The Customer enters into the service agreement of its own free will and not under coercion or undue pressure.

Article 6 (Types and Changes of Services)

1. The Company publishes the types, contents, prices, and related particulars of the Services on its website, and the Customer applies for the Services on that basis.
2. The Company announces new or changed Services on its website. For a Customer already using the affected Services, a change takes effect if the Customer does not object within seven (7) days of the announcement — or thirty (30) days where the change is unfavorable or material — subject to the individual-notice requirement in Article 3.3.

Article 7 (Consent and Application for Use)

1. A Customer may use the Services only after consenting to these Terms. Selecting a service product and clicking the "Agree" button constitutes consent to these Terms.
2. The application is completed upon submission of the form prescribed by the Company. Depending on the contract or business circumstances, the Company may require a separate written application and supporting documents (for a corporation, a copy of the business registration certificate; for an individual, date of birth and a consent form for the collection and use of Personal Data).
3. The Customer must provide its real name and accurate information. Providing a false name or inaccurate information is a breach of these Terms and may result, upon termination, in deletion of the Customer's Cloud Servers and ancillary resources and in loss of legal protections and restriction of access to the Services.
4. Personal Data provided on application is protected in accordance with applicable law and the Company's Privacy Policy.

Article 8 (Acceptance and Refusal of Application)

1. The Company accepts applications in the order received where the Customer has accurately completed the matters in Article 7, absent special circumstances.
2. The Company may refuse an application where: (a) it is made under a false name; (b) it is made using another person's name; (c) the application contains false information; (d) the applicant has a history of conduct, or operates a service, likely to cause network disruption or to adversely affect other Customers' normal use of the Services; (e) the applicant operates a website unlawful under domestic or international law (for example, illegal adult content, illegal gambling, or anti-state activity); (f) the applicant is in arrears on fees for other services of the Company; or (g) the applicant has a history of delayed payment or misuse of the Services.
3. The Company may withhold acceptance where there is insufficient facility capacity, where provision is technically difficult, where the Company's service policy has changed, or where the applicant is a minor as defined by applicable law.

Article 9 (Formation of the Agreement and Commencement)

1. The service agreement is formed, and the Services are activated, when the Customer completes consent to these Terms and the application, and the Company accepts the application.
2. Where no separate written agreement is executed, the service agreement is evidenced by these Terms, the service-product information published on the website, and the Customer's application records.

Article 10 (Responsibilities of the Company)

1. The Company will provide the Services on a continuous and stable basis and will maintain sufficient bandwidth for the network capacity contracted by the Customer.
2. Where the Services are disrupted, the Company will promptly repair or restore them and will use reasonable efforts to provide stable Services, subject to the SLA in Schedule 1.
3. The Company will promptly handle the Customer's reasonable opinions and complaints, within the periods and procedures the Company specifies.
4. The Company will protect Personal Data in accordance with Article 42 and the Privacy Policy, and will use reasonable efforts to make the conclusion, modification, and termination of the service agreement convenient for the Customer.

Article 11 (Responsibilities of the Customer)

1. The Customer must pay Service Fees by the due date and maintain a sufficient Wallet balance for prepaid Services.
2. The Customer must not interfere with the operation of the Services or with other Customers' use of them.
3. The Customer must not use the Services for any purpose unlawful under domestic or international law, and must comply with the Acceptable Use Policy.
4. The Customer is responsible for security configuration and for applying security updates to its Cloud Servers. Unless a separate security service is purchased, the Company is not liable for security incidents arising from the Customer's environment.
5. The Customer is responsible for backing up its own Customer Data, except to the extent it purchases the Company's backup service. Subject to the SLA and Article 38, the Company is not liable for loss of Customer Data resulting from hardware failure or external intrusion.
6. The Customer is responsible for the licensing and copyright status of all software it installs, and must install only properly licensed or license-free software.
7. The Customer is responsible for safeguarding its Account credentials, API Keys, IDs, and passwords, and is liable for damage resulting from their disclosure.
8. The Customer must promptly update registered information when it changes, and is responsible for issues arising from a failure to do so.

Article 12 (Acceptable Use Policy)

1. The Customer must not use the Services to: (a) transmit unlawful spam or engage in phishing; (b) host or distribute malware, or conduct network attacks, port scanning, or unauthorized penetration; (c) generate excessive packets or broadcast traffic that disrupts the network; (d) infringe the intellectual property or other rights of any third party; (e) operate a service unlawful under applicable law; or (f) exceed the network bandwidth or resource quotas allocated to it.
2. The detailed Acceptable Use Policy published on the Company's website forms part of these Terms. A breach of the AUP may result in suspension under Article 18 or termination under Article 23.

Article 13 (Intellectual Property)

1. The copyrights and other intellectual property rights in works created by the Company belong to the Company. The Customer must not infringe the intellectual property rights of the Company or any third party.
2. Without the Company's prior consent, the Customer and visitors to the Company's website must not reproduce, transmit, publish, distribute, broadcast, or otherwise commercially exploit information obtained through the Services, or allow a third party to do so.

Article 14 (Customer Data)

1. As between the parties, the Customer owns all Customer Data.
2. The Customer grants the Company a limited, non-exclusive license to host, process, and transmit Customer Data solely to the extent necessary to provide, secure, and support the Services.
3. The Company will not access Customer Data except as necessary to provide the Services, to comply with law, or at the Customer's request.

Article 15 (Principle of Service Provision)

The Company provides the Services on a 24-hour, year-round basis. The Services may be temporarily suspended for Scheduled Maintenance or system upgrades, as provided in Article 16.

Article 16 (Scheduled and Emergency Maintenance)

1. Scheduled Maintenance. The Company will announce Scheduled Maintenance through the Console or by email at least twenty-four (24) hours in advance, stating the window and expected impact. The Company will use reasonable efforts to keep total Scheduled Maintenance that causes Customer-visible downtime within a reasonable monthly limit and, for compute Services, to perform maintenance without disrupting running instances (for example, by live migration) where technically feasible.
2. Emergency Maintenance. Where Emergency Maintenance is required to address an unexpected error or an imminent risk, the Company will perform it without prior notice and will notify the Customer as soon as practicable.
3. The treatment of maintenance for the purposes of availability measurement and Service Credits is governed by Schedule 1.

Article 17 (Service Suspension and Disclaimer — Events Outside the Company's Control)

1. The Company may limit or suspend all or part of the Services, without separate notice where advance notice is not feasible, in any of the following circumstances, and is not liable for resulting damage: (a) failure of the Company's network equipment or servers, or Emergency Maintenance; (b) failure of facilities or equipment not owned by the Company; (c) network disruption in the routes of telecommunications common carriers; (d) Scheduled or Emergency Maintenance for upgrades and maintenance; (e) national or regional emergencies, force majeure, acts of God, or natural disasters; (f) power outages, facility failures, or service demand exceeding capacity; (g) errors caused by the Customer's administrator, personnel, or third parties; (h) the Customer's failure to receive notices due to outdated registered information; (i) the Customer's interference with the Company's operations; or (j) any event listed in Article 18.
2. Downtime arising from the circumstances in this Article is excluded from availability measurement under Schedule 1, as further specified in that Schedule.

Article 18 (Restriction and Suspension of Network Access)

The Company may suspend network access to the Customer's resources and require the Customer to remedy the issue where the Customer's use of the Services involves: (a) a breach of Article 11 or the Acceptable Use Policy; (b) non-payment of Service Fees; (c) use exceeding the permitted bandwidth; (d) excessive packet generation or broadcasting that disrupts the network; (e) a server that is hacked or suspected of virus infection; (f) a server lacking necessary security patches and posing a risk to the Services; (g) excessive use of international lines resulting in a remediation request from a carrier; (h) a lawful request from a government agency for temporary suspension; or (i) non-compliance with the Act on Promotion of Information and Communications Network Utilization and Information Protection or other applicable law.

Article 19 (Amendment and Restriction of the Service Agreement)

1. The Customer must promptly apply, through the prescribed procedure, to update the agreement where any of the following changes: (a) the trade name, name, or address of the Customer or the party responsible for payment; or (b) the contract type (service product, line type, access bandwidth, contract period, or purpose of use). The Customer is responsible for issues arising from delay.
2. Where the Customer uses the Services beyond the agreed scope, the Company may change the contract terms after notifying the Customer at its registered contact details.
3. Where costs increase during the term, the Company may raise Service Fees with the Customer's consent; if the Customer does not consent, either party may terminate the affected Services.
4. The Company may restrict applications to change the Services where the Customer is delinquent, where facility capacity is insufficient, where the change is technically difficult, or where the Company's policy has changed.

Article 20 (Term and Renewal)

The service agreement is effective from the commencement of the Services until termination. Unless either party gives notice of non-renewal at least thirty (30) days before the end of the term, the agreement renews automatically on the same conditions.

Article 21 (Succession of Customer Status)

1. Where the Customer's status passes to a third party by inheritance, merger, division, or business transfer, the matter is handled under applicable law, and the Company is not involved without special reason.
2. In the event of such succession, the Customer must submit the business registration certificate and other documents the Company reasonably requires within thirty (30) days of the event, and the Company will update the Account upon verification.
3. The Customer must pay all fees accrued up to the time of succession; if it does not, the Company may decline to cooperate on related matters.
4. The successor assumes the rights and obligations for the remaining term and, together with the Customer, is jointly responsible for resolving any dispute relating to the agreement.
5. If the successor fails to perform after succession, the original Customer is not deemed to have fully withdrawn, and the Company may, at its discretion, hold the original Customer responsible for the relevant obligations.

Article 22 (Termination by the Customer or by Operation of the Agreement)

1. The Customer may terminate the Services in accordance with the procedure published on the Company's website.
2. Where the Customer fails to pay Service Fees for two (2) months or more, the Company may terminate the agreement and demand the outstanding amount.
3. Where the Customer becomes subject to bankruptcy, attachment, or another material adverse property event, the Company may terminate the agreement immediately.
4. Free Services may be discontinued without separate notice upon termination.

Article 23 (Termination by the Company)

The Company may terminate the agreement, without prior consultation where prior consultation is not feasible, where the Customer: (a) fails to cure a delinquency; (b) has submitted false information; (c) interferes with the operation of the Services; (d) is subject to a lawful suspension request; (e) transmits unlawful spam resulting in blacklisting; (f) damages other Customers through network attacks; or (g) infringes third-party rights through unlicensed software. Where feasible, the Company will give the Customer notice and an opportunity to cure before terminating.

Article 24 (Data Retention and Deletion on Termination)

1. Before termination, the Customer is responsible for backing up and retrieving all Customer Data.
2. Following termination, the Company will retain Customer Data for a grace period of thirty (30) days, during which the Customer may request retrieval, after which the Company will permanently delete the Customer Data and associated resources.
3. The Customer may request earlier permanent deletion. The Company may delete data without a grace period where termination results from the Customer's unlawful use, an AUP breach, or a lawful order requiring deletion.

Article 25 (Operating System Installation and Commencement)

The Company activates the Services after confirming the application and the availability of equipment and facilities. The Company may decline requests for operating systems it does not support.

Article 26 (Access Line and IP Address)

One basic access Line is provided, and one IP address is allocated per Cloud Server, as standard. Additional IP addresses are available for separate charge.

Article 27 (Technical Support)

The Customer manages its own resources and may request technical support from the Company where necessary. The Customer must review the results of technical support and notify the Company of any issue within seven (7) days; the Company is not liable for issues raised after that period.

Article 28 (Prevention of Unlawful Spam)

The Customer must comply with laws on unlawful spam. Where a complaint of unlawful spam arises, the Customer must take appropriate measures within seven (7) days; failure to do so may result in suspension of the Services or other action.

Article 29 (Security Incident Prevention and Response)

The Customer must take security measures against electronic intrusion incidents such as hacking and viruses, and must comply with the Company's reasonable instructions for prevention and response. The Customer must notify the Company immediately upon becoming aware of a security incident affecting the Services.

Article 30 (Service Fees — General)

Service Fees consist of recurring fees and non-recurring fees. Fees are charged by deduction from the Wallet for prepaid Services and otherwise on the terms stated for the relevant Service.

Article 31 (Payment and the Prepaid Wallet)

1. For prepaid Services, the Customer maintains a Wallet balance, from which Service Fees are deducted as the Services are consumed. The Customer is responsible for maintaining a sufficient balance; where the balance is exhausted, the Company may suspend the affected Services after notice.
2. Where a Service is billed in arrears, the Customer must pay by the due date, and failure to do so may result in termination.
3. The Customer should retain proof of payment. The Company is not liable for disadvantages arising from the Customer's failure to provide notice of payment where such notice is required.

Article 32 (Fee Calculation)

Service Fees for a newly subscribed Service are calculated from the commencement date. Where a Service is changed, fees are applied from the date of the change.

Article 33 (Management of Delinquent Fees)

Where Service Fees are unpaid or delinquent, the Company may restrict the Customer's use of the Services, and where fees remain unpaid for two (2) months, the Company may terminate the agreement. Information on delinquency may be provided to credit-information agencies, and collection of overdue amounts may be entrusted to a collection agency, in each case in accordance with applicable law.

Article 34 (Late Payment Penalty)

Where the Customer fails to pay by the due date, the Company may charge a late-payment penalty on the overdue amount at an annual rate of six percent (6%) — the statutory commercial rate — for the period from the due date until the overdue amount is paid in full.

Article 35 (Billing Disputes and Overpayment)

An objection to a billed amount must be made within ten (10) days of the invoice date, and the Company will notify the Customer of the outcome within seven (7) days of receiving the objection. Where an overpayment or mispayment is confirmed, the amount is, in principle, offset against the following month's Service Fees; on the Customer's request, the Company will instead process a refund, and the Customer must submit the documents the Company reasonably requires.

Article 36 (Early Termination Penalty for Discounted Contracts)

Where the agreement includes a contractual discount and the Customer terminates before the end of the agreed period, the Company may charge, as a penalty, the total contractual discount attributable to the actual period of use. That amount is the monthly discount multiplied by the actual number of months used; a final partial month is calculated pro rata.

Article 37 (Service Level Agreement and Service Credits)

1. The Company commits to the service levels set out in Schedule 1 (Service Level Agreement). Where the monthly availability of a Service falls below the committed level, the Customer is entitled to a Service Credit calculated under Schedule 1.
2. Service Credits are a no-fault remedy. Entitlement to a Service Credit does not depend on fault, negligence, or willful misconduct on the part of the Company; it depends solely on whether the committed availability level was met.
3. Service Credits are the sole and exclusive remedy for any failure to meet a service-level commitment in Schedule 1. This Article does not limit the Customer's rights in respect of the Company's willful misconduct or gross negligence, which are addressed in Article 39.
4. The Customer must claim a Service Credit in the manner and within the period stated in Schedule 1. A Service Credit is applied to the Customer's Wallet and may be used toward future Service Fees; it is not refundable, not exchangeable for cash, and not transferable.

Article 38 (Backup Service)

1. Where the Customer purchases the Company's backup service, the Company provides it as described to the Customer, which includes: (i) retention of one week of hot backups (Monday through Sunday); (ii) an off-site backup performed weekly on Sundays; and (iii) retention of four weekly backups.
2. The Company commits to a successful-backup completion rate of 99.99% or higher per calendar month, measured per Schedule 1.
3. Where the backup service fails to meet the commitment in paragraph 2 and the Customer is consequently unable to recover data from a backup, the Company will, on the Customer's claim, apply a Service Credit to the Wallet equal to one (1) month of the backup service fee for the affected period.
4. The remedy in paragraph 3 is the sole and exclusive remedy for a failure of the backup service, without prejudice to Article 39.

Article 39 (Limitation of Liability)

1. Except as stated in paragraph 3, the Company's aggregate liability to the Customer arising out of or relating to the Services and these Terms, in any twelve (12)-month period, is limited to the total Service Fees paid by the Customer for the affected Service during the three (3) months preceding the event giving rise to the claim.
2. The Company is not liable for indirect, incidental, special, or consequential damages, or for lost profits or anticipated savings, arising from the use of or inability to use the Services.
3. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for the Company's willful misconduct (고의) or gross negligence (중과실) and liability for death or personal injury. For clarity, the limitation in paragraph 1 and the disclaimers in Article 41 do not apply to such liability.

Article 40 (Claims for Damages)

1. To claim damages or a Service Credit, the Customer must submit a written request to the Company stating the reason for the claim, the amount claimed, the basis of calculation, and details of the disruption, within the period stated in Schedule 1 for Service Credits.
2. Where the Customer causes damage to the Company by breaching these Terms, the Company may claim compensation from the Customer.

Article 41 (Disclaimers)

1. The Company is not liable for damage to the Customer arising from the Customer's breach of Articles 11, 12, 18, 28, or 29.
2. The Company is not liable for the Customer's failure to obtain expected benefits from the Services, or for damage arising from the Customer's use of the Services, except to the extent of the remedies expressly provided in these Terms and Schedule 1.
3. A Customer that does not purchase the Company's backup service is responsible for its own backups, and the Company is not liable for loss resulting from a failure to back up.
4. The Company is not liable for losses arising from transactions between Customers, or between a Customer and a third party.
5. The Company is not liable for damage relating to Services provided free of charge, except as required by applicable law.
6. This Article is subject to Article 39.3.

Article 42 (Data Protection and Privacy)

1. The Company processes Personal Data in accordance with the Personal Information Protection Act and related laws and its published Privacy Policy.
2. Where the Customer stores or processes Personal Data using the Services, the Customer is the controller and the Company acts as an entrusted processor (수탁자) of that Personal Data, processing it only to provide the Services and on the Customer's instructions. The parties will, where required by law, execute a separate data-processing agreement.
3. The Company may engage subprocessors to provide the Services and remains responsible for their compliance with this Article.
4. Where any storage, backup, or replication of Customer Data occurs in a Region outside the Republic of Korea, the Company will disclose the relevant locations, and the Customer is responsible for obtaining any consent and making any disclosure required of a controller under applicable cross-border-transfer rules.
5. The Company will not provide Personal Data to a third party without the Customer's consent, except where required by law, requested by a public authority through due legal process, or provided to a credit-information agency in connection with delinquent Service Fees.

Article 43 (Export Control and Sanctions Compliance)

The Customer must comply with applicable export-control and economic-sanctions laws in its use of the Services and must not use the Services in violation of such laws. The Company may suspend or terminate the Services where their continued provision would cause the Company to violate such laws.

Article 44 (Beta and Free Services)

The Company may make certain Services available on a free, trial, beta, or preview basis. Such Services are provided "as is," may be modified or discontinued at any time, and are not covered by Schedule 1 or by the remedies in Articles 37 to 39, except as required by applicable law.

Article 45 (Dispute Resolution and Governing Law)

1. These Terms and the service agreement are governed by the laws of the Republic of Korea.
2. The parties will first seek to resolve any dispute amicably through consultation. Where consultation fails, the dispute is submitted to the exclusive jurisdiction of the [Seoul Central District Court — confirm the court having jurisdiction over the Company's head office] as the court of first instance, in accordance with the Civil Procedure Act.

Article 46 (Language)

These Terms are prepared in Korean and English. In the event of any inconsistency, the Korean version prevails to the extent of the inconsistency.

Article 47 (Miscellaneous)

1. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.
2. Assignment. The Customer may not assign the service agreement without the Company's prior written consent. The Company may assign the agreement in connection with a merger, reorganization, or transfer of the relevant business.
3. Notices. Notices to the Customer may be given through the Console or at the Customer's registered contact details. Notices to the Company are given through the channels published on the website.
4. No waiver. A failure to enforce a provision is not a waiver of it.
5. Entire agreement. These Terms, their Schedules, the Acceptable Use Policy, the Privacy Policy, and the applicable service guides constitute the entire agreement between the parties for the Services.

SCHEDULE 1 — SERVICE LEVEL AGREEMENT (SLA)

S1.1 Purpose and Scope

This Schedule sets out the Company's availability commitments for the Services listed in S1.4 and the Service Credit remedy for failing to meet them. It forms part of the Terms. Services not listed here, and free, trial, beta, or preview Services, are not covered by this Schedule.

S1.2 Definitions

1. Monthly Uptime Percentage — for a given Service in a calendar month: ((Total Minutes in the Month - Downtime Minutes - Excluded Minutes) ÷ (Total Minutes in the Month - Excluded Minutes)) × 100.
2. Downtime — a period during which the covered Service is wholly unavailable or unreachable as a result of a fault in infrastructure operated by the Company, measured in one-minute increments by the Company's monitoring systems and, where relevant, corroborated by Customer-supplied evidence. For a Cloud Server, Downtime means the instance is not running or not reachable due to a Company-side infrastructure fault. For a control plane (for example, Managed Kubernetes or the Console/API), Downtime means the control plane is unavailable.
3. Excluded Minutes — minutes excluded from the calculation under S1.5.
4. Eligible Monthly Fee — the recurring Service Fee for the affected Service for the calendar month in which the Downtime occurred, excluding Line and Traffic charges, non-recurring and one-time charges, amounts already credited, and amounts in delinquency.
5. Service Credit — the amount, expressed as a percentage of the Eligible Monthly Fee, payable under S1.6.

S1.3 Availability Commitments

Reference — allowed monthly Downtime in a 30-day month (43,200 minutes): 99.99% = 4.3 minutes; 99.95% = 21.6 minutes; 99.9% = 43.2 minutes; 99.0% = 432 minutes; 95.0% = 2,160 minutes; 90.0% = 4,320 minutes.

S1.4 Service Credit Ladder

Tier A — applies to Services with a 99.95% or 99.9% commitment (Cloud Server single-instance, Block Storage, Managed Kubernetes control plane, Object Storage availability):

Tier B — applies to Services with a 99.99% commitment (multi-AZ Cloud Server, Load Balancer / Floating IP / network):

Backup service. Where the successful-completion rate falls below 99.99% in a calendar month and the Customer is consequently unable to recover data from a backup, the Service Credit is one (1) month of the backup service fee, as provided in Article 38.3.

Object Storage durability. A failure to meet the durability commitment is addressed as a damages matter under Articles 39 and 40 and is not remedied by a Service Credit under this ladder.

S1.5 Exclusions

Minutes attributable to any of the following are Excluded Minutes and do not count as Downtime:

1. Scheduled Maintenance announced under Article 16.1, and Emergency Maintenance performed under Article 16.2;
2. force majeure, acts of God, natural disasters, and other events outside the Company's reasonable control, as described in Article 17;
3. faults in the Customer's own operating system, software, applications, configuration, or scripts;
4. the Customer's misconfiguration, exhaustion of allocated quotas or Wallet balance, or breach of the Acceptable Use Policy;
5. suspension or restriction of the Services under Articles 18, 22, or 23;
6. failures of equipment, software, or networks not owned or controlled by the Company, including telecommunications carrier networks and the public Internet;
7. the Customer's failure to follow the Company's reasonable operational instructions; and
8. free, trial, beta, or preview Services.

S1.6 Claiming a Service Credit

1. To claim a Service Credit, the Customer must submit a written claim to the Company within thirty (30) days after the end of the calendar month in which the Downtime occurred. The claim must state the affected Service, the dates and times of the Downtime, the Customer's calculation of the Monthly Uptime Percentage, and any supporting evidence such as logs or monitoring data.
2. The Company will review the claim and notify the Customer of the outcome within fourteen (14) days of receipt. Where the Company's records and the Customer's claim differ, the Company's monitoring records prevail, absent clear evidence to the contrary.
3. An approved Service Credit is applied to the Customer's Wallet. The total Service Credit for a Service in any calendar month may not exceed 100% of that Service's Eligible Monthly Fee.
4. A Service Credit is not available where the Customer's Account is in delinquency for the affected month, until the delinquency is cured.
5. Service Credits are the sole and exclusive remedy for a failure to meet a commitment in this Schedule, without prejudice to Article 39.3.

S1.7 Review

The Company may update this Schedule in accordance with Article 3. Where an update reduces a commitment or is otherwise unfavorable or material to the Customer, the notice and objection rights in Article 3.3 apply.