Service Level Agreement

1. Scope

This SLA applies to a paid game-server hosting service, KVM virtual private server, or other compute service that is expressly identified as covered by this SLA (each, a “Covered Service”).

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

• Free services, trials, demonstrations, or promotional services.
• Beta, preview, experimental, or early-access features.
• The public gummies.cloud website.
• The customer panel, billing portal, authentication system, or support systems.
• Backups, snapshots, or data-restoration services.
• Domain names, third-party licenses, or third-party software.
• Services suspended under the Terms of Service or Acceptable Use Policy.
• Features or resources expressly described as best-effort or not covered by an SLA.

This SLA applies separately to each Covered Service. A failure affecting one Covered Service does not automatically qualify another service for a credit.

2. Definitions

2.1 Available

A Covered Service is “Available” when Floatpoint’s systems show that:

• The service is powered on and running;
• The underlying Floatpoint-controlled compute infrastructure is operating; and
• The service has network connectivity through Floatpoint-controlled infrastructure.

Availability concerns the hosting infrastructure, not the operation of a particular game, application, website, operating system, plugin, mod, database, or other customer-managed software.

2.2 Unavailable

A Covered Service is “Unavailable” when, for a continuous period of at least five minutes:

• The service cannot run because of a failure in Floatpoint-controlled compute infrastructure; or
• The service has lost network connectivity because of a failure within Floatpoint-controlled network infrastructure.

A Covered Service is not Unavailable merely because:

• A customer application or game server has stopped responding.
• The guest operating system has crashed or been misconfigured.
• A customer-controlled firewall blocks traffic.
• The service is stopped, suspended, or rebooted by the customer.
• The customer has exhausted disk space, memory, CPU, bandwidth, or another purchased resource.
• An exclusion in Section 7 applies.

2.3 Monthly Uptime Percentage

“Monthly Uptime Percentage” means:

100% minus the percentage of eligible minutes during a calendar month in which the Covered Service was Unavailable.

Minutes excluded under Section 7 are not counted as Unavailable minutes.

If a Covered Service was active for only part of a calendar month, the calculation applies only to the period during which the service was active and eligible for coverage.

2.4 Monthly Service Fee

“Monthly Service Fee” means the recurring base hosting fee attributable to the affected Covered Service for the affected calendar month.

It excludes:

• Taxes.
• Setup fees.
• One-time charges.
• Usage or overage fees.
• Additional IP-address fees.
• Domain-registration fees.
• Software or license fees.
• Professional services.
• Support charges.
• Charges for other services.
• Amounts already refunded.
• Promotional or complimentary service value.
• Unpaid, reversed, or disputed charges.

For an annually prepaid service, the Monthly Service Fee is one-twelfth of the net annual recurring base hosting fee.

2.5 Service Credit

A “Service Credit” is a billing credit calculated as a percentage of the Monthly Service Fee for the affected Covered Service.

3. Service Commitments

3.1 Availability Commitment

Floatpoint will use commercially reasonable efforts to provide each Covered Service with a Monthly Uptime Percentage of at least 99.9%.

If the Monthly Uptime Percentage falls below 99.9%, the customer may qualify for a Service Credit under Section 5.

3.2 Reserved Memory Guarantee

For every Covered Service advertised as including reserved memory:

• The advertised guest memory will be reserved 1:1 against usable physical memory on the host.
• Floatpoint will not sell more reserved guest memory than the host has available after reserving memory for the host operating system, hypervisor, and infrastructure functions.
• Floatpoint will not balloon or otherwise reduce the Covered Service below its purchased memory allocation because of host memory pressure.
• Floatpoint will not reclaim the Covered Service’s purchased memory for use by another customer.
• Floatpoint will not intentionally place guest memory into host-level swap because of host memory pressure.

This guarantee applies to host-level memory allocation. It does not regulate memory management inside the customer’s operating system.

The following do not breach this guarantee:

• Guest-level swap.
• Guest-level memory compression.
• Application caching or memory release.
• Memory reserved by the guest operating system.
• Memory unavailable because of customer software, drivers, kernels, or configuration.
• Ordinary virtualization overhead that does not reduce the purchased guest-memory allocation.

3.3 Dedicated CPU Guarantee

For every Covered Service advertised as including dedicated vCPUs:

• Each dedicated vCPU will be allocated to a specific host logical processor.
• That host logical processor will not simultaneously be assigned as a customer vCPU to another tenant while the Covered Service is running.
• Floatpoint will not intentionally oversell logical processors advertised as dedicated.

Unless a plan expressly states that it includes a dedicated physical core, a dedicated vCPU means one dedicated logical processor.

Where a physical processor uses simultaneous multithreading, separate hardware threads of the same physical core may be treated as separate logical processors and allocated independently.

The dedicated CPU guarantee does not promise:

• Exclusive use of an entire physical processor or physical core.
• Exclusive use of processor caches, memory channels, buses, or other shared hardware components.
• A particular processor frequency or continuous turbo frequency.
• A particular benchmark result.
• A particular game tick rate, application response time, or player capacity.
• The absence of normal hypervisor, interrupt, monitoring, or host operating-system activity.

CPU resources expressly advertised as shared, burstable, or best-effort are not covered by the dedicated CPU guarantee.

3.4 Tenant-Isolation Guarantee

Floatpoint will maintain technical access controls intended to prevent one customer from accessing or controlling another customer’s:

• Virtual-machine memory.
• Virtual disks and filesystems.
• Customer Content.
• Virtual-machine console.
• Private administrative interfaces.
• Service credentials.
• Host-level virtual-machine configuration.

Another customer sharing physical infrastructure does not have permission to read, alter, control, or directly access your Covered Service.

This guarantee does not mean that customers receive separate physical hosts, processors, storage devices, network interfaces, racks, or data-center facilities.

Authorized access by Floatpoint personnel or contractors, as described in the Terms of Service and Privacy Policy, is not a tenant-isolation failure.

4. Resource Guarantee Failure

A “Resource Guarantee Failure” occurs when Floatpoint confirms that, while a Covered Service was running, one or more of the following occurred:

• Its purchased reserved memory was oversold at the host level.
• Its purchased memory allocation was reduced or reclaimed because of host memory pressure.
• Its guest memory was intentionally moved to host-level swap because of host memory pressure.
• A logical processor advertised as dedicated was simultaneously assigned as a customer vCPU to another tenant.
• Another tenant gained unauthorized access to or control of the Covered Service through a failure of Floatpoint-controlled virtualization, storage, account, panel, or network-isolation systems.

A Resource Guarantee Failure must be attributable to Floatpoint-controlled infrastructure or configuration.

The following are not Resource Guarantee Failures:

• General CPU slowness or performance variation.
• Shared-cache, memory-bus, storage, or network contention.
• Application or game-server performance.
• Activity performed inside the customer’s own operating system.
• Access using credentials supplied, shared, or exposed by the customer.
• Access granted to a customer-authorized user or administrator.
• A vulnerability or configuration error in customer-controlled software.
• A publicly exposed service configured by the customer.
• Authorized Floatpoint administrative access.
• A condition excluded under Section 7.

5. Service Credits

5.1 Availability Credits

If a Covered Service fails to meet the Availability Commitment, the customer may receive the following credit:

5.2 Resource Guarantee Credit

A confirmed Resource Guarantee Failure qualifies the affected Covered Service for a Service Credit equal to 100% of its Monthly Service Fee for the calendar month in which the failure occurred.

The Resource Guarantee Credit applies even if the Covered Service otherwise met the Availability Commitment.

5.3 Maximum Credit

The maximum total Service Credit for a Covered Service in one calendar month is 100% of its Monthly Service Fee.

Availability Credits and Resource Guarantee Credits do not stack beyond that amount.

Multiple incidents affecting the same Covered Service during the same month do not increase the maximum credit.

Credits for separate Covered Services are calculated separately.

5.4 How Credits Are Applied

Approved Service Credits will ordinarily be applied to the customer’s gummies.cloud account balance for future eligible charges.

At Floatpoint’s discretion, a credit may instead be:

• Applied to an unpaid eligible invoice.
• Refunded to the original payment method.
• Issued through another reasonable billing adjustment.

Service Credits:

• Have no independent cash value.
• May not be sold or transferred.
• May not be applied to another customer’s account.
• Do not include taxes or excluded charges.
• Do not offset chargebacks or payment disputes.
• May be reduced by any refund already issued for the same Monthly Service Fee.

A customer must have successfully paid the applicable Monthly Service Fee to receive a Service Credit.

6. Maintenance

6.1 Scheduled Maintenance

Scheduled maintenance is excluded from the Monthly Uptime Percentage when:

• Floatpoint provides at least 24 hours’ advance notice through email, the customer panel, status page, or another reasonable method; and
• The maintenance is performed during the announced maintenance window.

Floatpoint will use commercially reasonable efforts to minimize scheduled interruptions.

No more than four hours of scheduled maintenance per Covered Service per calendar month may be excluded from the availability calculation. Scheduled maintenance exceeding four hours in one month will count as Unavailable time unless another exclusion applies.

6.2 Emergency Maintenance

Emergency maintenance is excluded when reasonably necessary to:

• Correct an urgent security vulnerability.
• Prevent data loss.
• Protect infrastructure or other customers.
• Respond to an active attack or compromise.
• Address an imminent hardware or network failure.
• Comply with an urgent provider or legal requirement.

Floatpoint will provide notice of emergency maintenance when reasonably practical.

7. SLA Exclusions

This SLA does not apply to unavailability, degradation, or failure caused by:

7.1 Customer-Controlled Systems

• Customer applications, games, plugins, mods, databases, or websites.
• The guest operating system or kernel.
• Customer configuration, commands, scripts, or automation.
• Customer firewall or network settings.
• Customer-controlled DNS.
• Customer credentials, accounts, keys, or tokens.
• Customer resource exhaustion.
• Customer-requested reboots, reinstalls, migrations, or configuration changes.
• The customer’s failure to follow documentation or reasonable support instructions.

7.2 Abuse and Enforcement

• Suspension, restriction, filtering, or termination under the Terms of Service or Acceptable Use Policy.
• Nonpayment or a reversed payment.
• Fraud or attempted fraud.
• Malware, compromise, attacks, or abuse originating from the Covered Service.
• Network null-routing or filtering reasonably required to address an attack.
• Action required by a court, government authority, data center, network carrier, or upstream provider.

7.3 External Networks and Providers

• Failure outside Floatpoint-controlled infrastructure.
• Internet-routing or peering failures.
• Upstream network-carrier failures.
• Cloudflare outages or mitigation actions.
• Domain Name System providers.
• Game publishers or game-authentication services.
• Clerk, Stripe, or another third-party platform.
• The customer’s Internet connection.
• A denial-of-service attack that exceeds or circumvents available mitigation capacity.

An external event remains excluded unless Floatpoint’s independent response to that event directly causes a separate breach of the Resource Guarantee.

7.4 Unsupported Services and Features

• Beta, preview, or experimental services.
• Free or promotional services.
• Customer-installed unsupported software.
• Third-party software or integrations.
• Shared, burstable, or best-effort resources.
• Backups and restoration.
• Storage or network performance unless expressly guaranteed in writing.

7.5 Force Majeure

Events beyond Floatpoint’s reasonable control, including:

• Natural disasters.
• Fire or flood.
• War, terrorism, or civil unrest.
• Government action.
• Labor disputes.
• Widespread utility, telecommunications, or Internet failure.
• Data-center emergencies.
• Hardware or supply-chain shortages.
• Epidemics or public-health emergencies.
• Other comparable events beyond Floatpoint’s reasonable control.

A force-majeure event does not excuse a resource-allocation practice that existed before the event and independently violated Section 3.

8. Measurement

Floatpoint will measure service availability and resource allocation using its host, hypervisor, network, monitoring, and control-panel records.

Customers may submit their own evidence, including:

• Monitoring records.
• System logs.
• Screenshots.
• Command output.
• Timestamps.
• Network-test results.
• Evidence of unauthorized cross-tenant access.

Floatpoint’s records are the primary source for determining availability but are not automatically conclusive where reliable customer evidence identifies a material error or missing event.

Customer-side monitoring must distinguish between:

• Infrastructure unavailability; and
• Failure of the customer’s application, operating system, configuration, or Internet connection.

Floatpoint may request additional information reasonably necessary to investigate a claim.

9. Claims

9.1 Availability Claims

An Availability Credit claim must be submitted within 30 calendar days after the end of the affected calendar month.

9.2 Resource Guarantee Claims

A Resource Guarantee claim must be submitted within seven calendar days after the claimed event.

Customers should submit Resource Guarantee claims promptly because detailed host-level diagnostic records may have limited retention periods.

9.3 Submission Method

Claims must be sent to:

office@gummies.cloud

The email subject should be:

SLA claim — [service identifier]

The claim should include:

• The customer’s account email or account identifier.
• The affected service identifier.
• The date, time, and time zone of the incident.
• The duration of the incident.
• Whether the claim concerns availability or a Resource Guarantee.
• A description of what occurred.
• Relevant monitoring information, logs, screenshots, or command output.
• Any related support-ticket number.
• The requested Service Credit.

A claim will not be denied solely because of a minor formatting error if it contains enough information to identify and investigate the incident.

9.4 Investigation

The customer must reasonably cooperate with Floatpoint’s investigation.

Floatpoint may request:

• Additional timestamps.
• Guest logs.
• Diagnostic command output.
• Configuration information.
• Permission to inspect the affected system.
• Clarification regarding changes made before or after the incident.

Customers should not send passwords, private keys, or authentication tokens through ordinary email.

Failure to provide information reasonably necessary to investigate the claim may result in denial.

9.5 Response

Floatpoint will acknowledge a substantially complete claim within five business days.

Floatpoint will use commercially reasonable efforts to issue a written decision within 15 business days after receiving the information necessary to evaluate the claim.

A complex security or isolation investigation may require additional time. Floatpoint will provide a status update if additional time is reasonably necessary.

9.6 Reconsideration

A customer may request one reconsideration within seven calendar days after receiving a claim decision.

The request must identify:

• New evidence.
• A material factual error.
• A measurement error.
• A provision of this SLA that was applied incorrectly.

9.7 Credit Timing

An approved credit will ordinarily be issued within one billing cycle after approval.

10. Corrective Action

When Floatpoint confirms an infrastructure or Resource Guarantee failure, Floatpoint will take commercially reasonable steps to:

• Correct the affected configuration or allocation.
• Repair, migrate, or reprovision the affected service.
• Investigate the underlying cause.
• Determine whether other services may be affected.
• Reduce the likelihood of recurrence.

For a confirmed tenant-isolation failure, Floatpoint may also:

• Isolate affected systems.
• Preserve relevant evidence.
• Reset credentials or access tokens.
• Notify affected customers.
• Cooperate with security researchers or authorities.
• Provide notices required by applicable law.

Floatpoint is not required to disclose information that would expose:

• Another customer’s information.
• Confidential security methods.
• Exploit details.
• Credentials.
• Sensitive host configuration.
• Confidential provider information.
• Information restricted by law.

11. Sole SLA Remedy

Except where applicable law requires otherwise, Service Credits are the customer’s sole and exclusive monetary remedy for Floatpoint’s failure to meet this SLA.

This provision applies only to claims based on an SLA commitment. The Terms of Service continue to govern all other claims, liabilities, disclaimers, and limitations.

Nothing in this SLA limits a right or remedy that cannot legally be limited.

12. Relationship to Other Terms

This SLA forms part of the agreement consisting of:

• The gummies.cloud Terms of Service.
• The Privacy Policy.
• The Acceptable Use Policy.
• The applicable product description or order.
• Any separately signed service agreement.

If this SLA conflicts with the Terms of Service, this SLA controls only regarding:

• The Availability Commitment.
• The Resource Guarantees.
• SLA eligibility.
• Service Credit calculations.
• The SLA claim process.

The Terms of Service control in all other respects.

A separately signed agreement or service order may modify this SLA for the services it expressly identifies.

This SLA does not convert an unmanaged service into a managed service. “Unmanaged” describes the included support level and does not restrict Floatpoint’s authorized administrative access.

13. Changes to This SLA

Floatpoint may update this SLA to reflect changes in services, infrastructure, measurement practices, provider requirements, or applicable law.

The version in effect when an incident occurred will govern that incident.

A change will not retroactively reduce a Service Credit for an incident that occurred before the change took effect.

Floatpoint will provide reasonable notice before a material reduction to the Availability Commitment, Resource Guarantees, or Service Credit schedule for an existing Covered Service.

14. Contact

Questions and SLA claims may be sent to:

Floatpoint, LLC d/b/a gummies.cloud

SLA claims and general inquiries: office@gummies.cloud

Security reports: security@floatpoint.net

Privacy inquiries: privacy@floatpoint.net