BOS Service Level Agreement SLA (V3_0)

Agreement effective date: 2023-11-22

This Service Level Agreement (hereinafter referred to as “SLA”) defines the service availability benchmarks and compensation plans for Baidu AI Cloud Object Storage (BOS), as provided by Baidu AI Cloud to its customers.

1. Definition

Service period: One service period equals one calendar month.
Failed requests: BOS regards requests with an HTTP status code of 5XX and normal user requests that fail to reach the BOS server due to BOS service failures as failed requests, but does not include the following types of requests:
(1) Failed requests processed asynchronously by the real server for region replication and lifecycle management;
(2) Failed requests generated from obtaining the bucket list;
(3) Failed requests or service unavailable situations caused by reasonable upgrades, changes, outages by BOS service;
(4) Requests restricted by BOS caused by hacker attacks on user applications;
(5) Requests from abroad to domestic BOS service.
Valid requests: BOS regards requests received by the BOS server-side as valid requests, but does not include the following types of requests:
(1) Requests and requests with arrears that have not passed BOS identity and failed authentication;
(2) Failed requests initiated for asynchronous processing of the real server for region replication and lifecycle management;
(3) Requests initiated for obtaining the bucket list;
(4) Requests initiated due to hacker attacks on user applications.
Error rate per 5 minutes: Calculate the region and storage class in units of 5 minutes separately, according to the formula below:

Monthly service fee: The service fees calculated separately by region and storage class for the use of Baidu AI Cloud Object Storage (BOS) service by a specific Baidu AI Cloud account of the customer within a calender month. If a user deduct the fees through prepaid storage package, the deducted capacity portion will be charged according to postpay.

2. Service availability

2.1 Calculation formula of service availability

Service availability is calculated over each natural month. Availability is assessed separately for the region and storage class (standard storage, infrequent access storage, cold storage, archive storage) associated with a specific Baidu AI Cloud account. Multiple buckets within the same region and storage class under the same account are combined to determine overall service availability.

Service availability is calculated by dividing the sum of error rates per 5 minutes within the service period by the total number within 5 minutes within the service period to derive the average value of error rate per 5 minutes, according to the formula below:

2.2 Service availability commitment

If BOS fails to meet the aforementioned service availability commitment, customers may apply for compensation.
The compensation does not cover service unavailability caused by the following reasons:
(1) Scheduled maintenance of Baidu AI Cloud that has been notified to users, including reasonable upgrades, changes, outages, migrations, repairs, and simulated failure drills;
(2) Unavailability caused by network, device failures or configuration adjustments beyond the Baidu AI Cloud equipment;
(3) Errors caused by user content violations or other reasons leading to domain name bans;
(4) Unavailability caused by hacker attacks on user applications or data;
(5) Unavailability caused by data, credentials or password loss/leakage due to user maintenance negligence or improper confidentiality;
(6) User negligence or authorized operations;
(7) Unavailability caused by client non-compliance with Baidu AI Cloud product documentation or recommendations, including operations on BOS via console/API/CLI;
(8) Errors caused by customer-installed software or third-party software/configuration not directly operated by Baidu AI Cloud;
(9) Force majeure or unforeseen events;
(10) Unavailability caused by other reasons outside Baidu AI Cloud's scope.

3. Compensation plan

3.1 Compensation standards

Compensations are based on the monthly service availability of BOS in a specific region and storage class under a Baidu AI Cloud account, as per the table below. Compensation is provided solely as coupons for paying BOS services, and the total compensation cannot exceed 50% of the monthly service fee for the storage class in the specified region during the availability shortfall month. Monthly fees exclude amounts covered by coupons, discounts, and other reductions.

3.2 Compensation claim submission deadline

Customers may request compensation for availability shortfalls starting from the fifth (5th) working day of the subsequent month. Claims must be submitted within two (2) months following the end of the month where BOS availability failed to meet the standard. Claims beyond the deadline will not be accepted.

4. Other descriptions

(1) To the extent permitted by laws and regulations, Baidu AI Cloud reserves the right of final interpretation of the SLA.
(2) The SLA shall take effect as soon as it is published. Baidu AI Cloud has the right to modify the terms of the SLA. For any modification to the terms of the SLA, Baidu AI Cloud will notify you by means of website publicity or email. If you do not agree with the modification made by Baidu AI Cloud to the SLA, you are entitled to stop using the Baidu AI Cloud Object Storage service. If you continue to use the service, you are deemed to have accepted the modified SLA.
(3) Baidu AI Cloud will make necessary changes or terminations for product service functions based on the actual situation and regulatory requirements if the commitment needs any necessary changes or terminations due to changes in the external environments such as laws, regulations and regulatory requirements. Baidu AI Cloud will negotiate with you to make proper transitional arrangement for the service changes or terminations.
(4) All notifications of Baidu AI Cloud Object Storage (BOS) service to users under the SLA can be made through webpage announcements, messages, emails, SMS or other forms. Such notifications are deemed to have been delivered to the recipients on the date of delivery.
(5) The conclusion, implementation and interpretation of the SLA and the resolution of disputes shall be applicable to Chinese law and shall be governed by Chinese courts. If there is any dispute between both parties regarding the content of the SLA or its implementation, both parties shall try to resolve the issue through friendly negotiation. If the negotiation fails, either party may bring a lawsuit to the People's Court of Haidian District of Beijing.
(6) The SLA constitutes an entire agreement between both parties on the matters agreed in the SLA and other related matters. Except as provided in the SLA, no other rights are granted to the parties to the SLA.
(7) If any agreement in the SLA is completely or partially invalid or not enforceable for whatever reason, the rest of the SLA is still valid and binding.
(8) For the clauses of users constraints, refer to the related provisions of the "User Rights and Obligations" section in the [Baidu AI Cloud User Service Agreement](Agreements/Baidu AI Cloud User Service Agreement/User Rights and Obligations.md).
(9) For the exemption clauses of service provider, refer to the related provisions of the "Disclaimer" in the [ Baidu AI Cloud User Service Agreement](Agreements/Baidu AI Cloud User Service Agreement/Disclaimer.md).