Effective Time of Agreement: January 15, 2019

The Service Level Agreement (hereinafter referred to as "SLA") specifies the service availability level metrics and indemnity scheme of the Dedicated Cloud Compute (DCC) provided by the Baidu AI Cloud to users.

1. Definitions

Service Cycle: A service cycle is a natural month.

Total Minutes of the Service Cycle: It is calculated according to the formula in the service cycle: Total number of days*24 (hr)*60 (min).

Unavailable DCC Dedicated Instance: Because a DCC dedicated instance with configured inbound and outbound rules cannot be connected in both directions (inbound/outbound) with any IP address through the TCP or UDP protocol due to a failure of the Baidu AI Cloud, it is regarded that this DCC dedicated instance is not available.

Number of Unavailable Minutes for the Single DCC Service: When all the dedicated instances on the specified DCC are unavailable and such status lasts for more than one minute, it is regarded that this DCC service is unavailable within that minute. The sum of unavailable minutes of a single instance within one service cycle is the number of unavailable minutes of the single DCC service.

Monthly Service Fee: Means the total service fee paid by the user for a single DCC instance in a natural month. If the user pays the service fee for multiple months at one time, the monthly service fee is calculated based on the number of months purchased.

2. Service Availability

2.1 Service availability calculation formula

2.2 Service Availability Commitment

The Baidu AI Cloud guarantees that the service availability of a single DCC within a service cycle is no less than 99.9%. If the DCC service failed to realize its above service availability commitment, the user can claim the indemnity stipulated in Article 3 under this agreement. The scope of the indemnity does not include the unavailable service caused by the following reasons:

(1) System maintenance, which has been informed by the Baidu AI Cloud in advance, including cutting over, repair, upgrade, and simulated failure.

(2) Any network or device failures or configuration adjustment, except for the devices of the Baidu AI Cloud.

(3) User's applications or data information attacked by hackers.

(4) Any losses or disclosure of data, commands, or passwords caused by user’s improper maintenance or confidential measures.

(5) User's negligence or any operations authorized by the user.

(6) Force majeure and accidents.

(7) The local disk and the data as the startup-depending item, because there is a risk of data loss in the local disk for the Baidu Cloud Compute, which uses the local disk to store data.

(8) The DCC service only pay indemnities to DCC itself, rather than DCC and its dedicated instance-related other cloud services.

(9) The DCC service cannot be used normally due to other non-Baidu AI Cloud reasons.

3. Service Indemnity Terms

3.1 Indemnity Standard

The indemnity for a single DCC dedicated instance with the service availability of less than 99.9% can be calculated according to the standard in the table below. The indemnity shall paid only by coupon used for purchasing DCC products, and the total indemnity amount shall not exceed the monthly service fee paid for a single DCC dedicated instance, provided that the service availability failed to achieve our commitment.

Service Availability	Indemnified Coupon Amount
Less than 99.9%, but equal to or more than 99%.	10% of the monthly service fee
Less than 99%, but equal to or more than 95%.	25% of the monthly service fee
Less than 95%	100% of the monthly service fee

3.2 Time Limit for Indemnity Application

The user may apply for indemnities for the DCC that failed in the last month after the fifth (5) working day of each month. The indemnity application must be proposed within two (2) months after the DCC failure was accepted. The indemnity application exceeding the time limit will be rejected.

4. Other Explanations

(1) The Baidu AI Cloud reserves the final right to interpret this agreement within the scope of laws and regulations.

(2) This agreement shall come into force immediately upon its publication. The Baidu AI Cloud has the right to modify the SLA terms. If any SLA terms have been modified, the Baidu AI Cloud will notify you by bulletin on our official website or email. If you do not agree with the Baidu AI Cloud’s modification of SLA terms, you have the right to terminate the use of the dedicated virtual host service. If you continue to use this service, you are deemed to have accepted the modified SLA terms.

(3) All notices issued by the Baidu AI Cloud under this agreement can be released by bulletin on our website, intra-site message, email, SMS or other methods. Such notices shall be deemed to have been delivered to users on the date of delivery. In case the user suffers any losses caused by failing to learn our service modifications or terminated terms, the Baidu AI Cloud shall assume no responsibilities.

(4) The establishment, execution and interpretation of this agreement and settlement of disputes shall be governed by Chinese laws and subject to the jurisdiction of Chinese courts. In case any dispute occurs between two parties over the contents of this Agreement or its implementation, both parties shall do their best to resolve it through friendly negotiation. If they failed, either party can take this dispute to the Haidian District People's Court, Beijing.

(5) This Agreement contributes to the entire agreement including the agreed issues and other relevant issues between both parties. Except for terms specified in this agreement, no other rights are granted to the parties of this Agreement.

(6) If any parts or all of terms of this Agreement become invalid or unenforceable for any reasons, the remaining of this Agreement shall still remain valid and bound to both parties.

(7) For more information on users’ restriction terms, please see the "Rights and Obligations of Users" in the User Service Agreement.

(8) For more information on service disclaimer terms, please see the "Disclaimer" in the User Service Agreement.