Service-Specific Terms for Products and Services

Effective as of April 1, 2026

These Service Specific Terms together with the OVHcloud^® Terms of Service (the "Terms of Service") apply only to those specific OVHcloud Services purchased by Customer (a) through the execution of an Order Form (b) through Customer's Account via OVHcloud Control Panel, or (c) through an OVHcloud Partner. In the event of a conflict between these Service Specific Terms and the Terms of Service between Customer and OVHcloud, the terms and conditions of these Service Specific Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not otherwise defined herein shall have the meanings set forth in the Terms of Service. OVHcloud reserves the right to upgrade, update or discontinue any aspect or feature of an OVHcloud Service in whole or in part. While specific roles and responsibilities are identified as being owned by You or OVHcloud, any roles or responsibilities not set forth in these Service Specific Terms or otherwise provided in the Terms of Service are either not provided with the OVHcloud Services or are assumed to be Your responsibility.

• Universal Service Terms
• Dedicated Servers
• Virtual Private Server ("VPS")
• Public Cloud Services ("PCS")
• Hosted Private Cloud
• Managed Bare Metal Essentials Powered By VMWare®
• Bring Your Own IP (BYOIP) Service
• Additional IP Service
• Logs Data Platform
• Key Management Service
• OVHcloud Connect

1. UNIVERSAL SERVICE TERMS (APPLICABLE TO ALL OVHCLOUD SERVICES)

   1. Mitigation (Protection Against DOS and DDOS Attacks)
      1. OVHcloud shall implement commercially reasonable protection against DOS and DDOS-type hacking attempts provided that these attacks are conducted in a manner reasonably considered to be serious enough by OVHcloud to warrant such protection. These protection measures shall not apply in the case of attacks such as SQL injection, brute-force, abuse of security flaws or other similar-type attacks. Given the nature of a potential DOS or DDOS attack and their complexity, OVHcloud shall implement different levels of traffic protection in order to preserve its infrastructure and the OVHcloud Service(s).
      2. Mitigation is only activated once an attack has been detected by OVHcloud tools. Therefore, until mitigation is activated, the impacted OVHcloud Service will sustain the attack directly, which may result in unavailability of OVHcloud Service. Once the attack is identified and mitigation is automatically activated, mitigation may not be deactivated until the attack has ended (the "Mitigation Period"). During the Mitigation Period, OVHcloud Services may be suspended and/or the Customer may be unable to access the OVHcloud Services.
      3. If, despite activating mitigation measures, the cyberattack affects the integrity of OVHcloud and the Customer's infrastructures, OVHcloud shall apply more robust protective measures which may result in a reduction in quality or unavailability of the OVHcloud Services.
      4. It is possible that a portion of traffic generated by the cyberattack may not be detected by OVHcloud systems and thus adversely affect the OVHcloud Service provided to the Customer. The effectiveness of mitigation measures also depends on the configuration of the OVHcloud Services. As such, the Customer is responsible for ensuring that it has the necessary competence to provide effective administration.
      5. Mitigation does not exempt the Customer from ensuring the security of the OVHcloud Service being utilized by, installing security tools (e.g. firewalls), carrying out regular updates of its systems, backing up its data, or monitoring the security of its computer programs (e.g. scripts, codes).
   2. Self-Service Portals
      1. OVHcloud-provisioned OVHcloud Services can be managed through the OVHcloud Control Panel (the "Control Panel"). Control Panel is the central administrative portal for OVHcloud Services. The Control Panel provides purchasing, billing, support, and security services for available products, as well as direct management of the infrastructure.
   3. OVHcloud Service Provisioning
      1. OVHcloud will provide the following provisioning services for the following product families: Dedicated Servers, Virtual Private Servers (VPS), Public Cloud Services and Hosted Private Cloud (the "Base Products"):
         • Implementation of compute, storage, networking (physical servers, physical storage, and physical network devices, etc.) specific to the selected Base Products; and
         • Providing initial network resources including default public IP addresses, where applicable.
      2. You will be responsible for the following provisioning services:
         • Installing and configuring custom or third-party applications, distributions and operating systems, and
         • Creating user accounts and changing default system preferences as needed.
   4. Operations – Monitoring
      1. OVHcloud will provide the following services with respect to monitoring:
         • Monitoring the underlying infrastructure, infrastructure networks, top-layer management and user-management interfaces, and computing, storage and network hardware for availability; and
         • Monitoring capacity and performance for storage infrastructure and network hardware.
      2. You will be responsible for the following services with respect to monitoring:
         • Monitoring the assets deployed or managed within Your Account, including but not limited to operating systems, applications, specific network configurations or network appliances deployed by You, operating systems or application vulnerabilities; and
         • Monitoring the performance of any virtual machines ("VMs").
   5. Incident and Problem Management
      1. OVHcloud will provide incident and problem management services (e.g. detection, severity classification, recording, escalation, and return to service) pertaining to:
         • Infrastructure over which OVHcloud has direct administrative and/or physical access and control, such as servers, storage, and network devices; and
         • Service software over which OVHcloud has direct administrative access and control, such as the Control Panel, management services required to support Your environment and other applications that OVHcloud uses in delivery of the OVHcloud Services.
      2. You are responsible for incident and problem management (e.g. detection, severity classification, recording, escalation, and return to service) pertaining to:
         • Services You have deployed within the infrastructure granted to You, such as VMs, private clouds, and any virtualized infrastructure deployed to support the OVHcloud Services;
         • Performance of user-deployed VMs, custom or third-party applications, Your databases, operating systems imported or customized by You, or other assets deployed and administered by You that are unrelated to OVHcloud platforms;
         • Operating system administration including the operating system itself or any features or components contained within it;
         • Configuration of the OVHcloud Services as it pertains to how you are consuming the OVHcloud Services, such as local backup configurations, firewall configurations, virtual network configuration.
   6. Change Management
      1. OVHcloud will maintain the following change management elements for OVHcloud's infrastructure that supports You:
         • Processes and procedures to maintain the health and availability of the management tools and OVHcloud delivery platform; and
         • Processes and procedures to release code versions, hot fixes and service packs related to the Control Panel and all supporting tools/platforms.
      2. You are responsible for:
         • Management of changes to Your VMs, operating systems, custom or third-party applications, databases, and administration of general network changes within Your control; and
         • Administration of self-service features provided through the Control Panel up to the highest permission levels granted to You, including but not limited to VMs and network functions, backup administration, user configuration and role management and general account management.
   7. Infrastructure Data Recovery
      1. OVHcloud is responsible for data protection, such as routine backups, for OVHcloud's infrastructure required to operate Your service, including top-layer management and user-management interfaces owned and operated by OVHcloud.
      2. OVHcloud is also responsible for data and infrastructure restoration for OVHcloud's infrastructure required to operate Your service, including top-layer management and user-management interfaces owned and operated by OVHcloud.
      3. For the avoidance of doubt, the obligations set forth in this Section 1.G do not relieve You of Your obligation to protect Your data.
   8. Security
      1. Responsibility for end-to-end security is shared between OVHcloud and You. OVHcloud will provide security for the aspects of the OVHcloud Services over which OVHcloud has sole physical, logical, and administrative level access or control. The primary areas of responsibility as between OVHcloud and You are set forth below.
      2. OVHcloud will use commercially reasonable efforts to provide:
         • Physical Security: OVHcloud Services are hosted in state-of-the-art data center facilities. The following controls are in place at the physical layer in the data centers:
           • Equipment Location: OVHcloud and our corporate parent operate in the United States, EMEA and APAC. A site selection team determines the location of each data center site. The site selection process includes a rigorous assessment, ensuring that each site has appropriate measures and countermeasures in place.
           • OVHcloud Data Centers: OVHcloud builds, except in the APAC region, and operates its own data centers and many are certified via third-party audit to meet certain compliance certifications. A list of certifications is available here, and may be updated by OVHcloud from time to time as required. Copies of reports are available upon request – subject to confidentiality and nondisclosure agreements.
         • Information Security: OVHcloud will protect the information systems used to deliver the OVHcloud Services for which OVHcloud has sole administrative level control.
         • Network Security: OVHcloud will protect the network containing OVHcloud's information systems up to the point where You have some control, permission, or access to modify the networks.
         • Security Monitoring: OVHcloud will monitor for security events involving the underlying infrastructure servers, storage, networks and information systems used in the delivery of the OVHcloud Services over which OVHcloud has sole administrative level control. This responsibility stops at any point where You have some control, permission, or access to modify an aspect of the OVHcloud Services.
         • Patching and Vulnerability Management: OVHcloud will maintain the systems OVHcloud uses to deliver the OVHcloud Services including the application of patches we deem critical for the target systems. OVHcloud will perform routine vulnerability scans to surface critical risk areas for the systems OVHcloud uses to deliver the OVHcloud Services. Critical vulnerabilities will be addressed in a timely manner.
         • PCI Compliance: If an environment is identified as PCI compliant, OVHcloud will enforce Level 1 PCI compliance at the infrastructure level. This includes the security posture, patching, logging, and audit requirements for the offering (compute, network and storage).
      3. You are responsible for the following:
         • Information Security: You are responsible for ensuring adequate protection of the information systems, data, content, or applications that You deploy and/or access on OVHcloud Services. This includes, but is not limited to, any level of patching, security fixes, data encryption, access controls, roles and permissions granted to Your internal, external or third-party users.
         • Security Monitoring: You are responsible for the detection, classification and remediation of all security events that are isolated within Your instance(s), associated with any VMs, operating systems, applications, data or content surfaced through vulnerability tools, or required for a compliance or certification program in which You are required to participate, and which are not serviced by another security program.
         • Network Security: You are responsible for the security of the network over which You have administrative level control. This includes but is not limited to maintaining effective firewall rules, exposing only communication ports that are necessary to conduct business and locking down promiscuous access.
   9. IP Addresses
      1. Each of the Base Products will have a public, fixed, non-transferable IPv4 and/or IPv6 address attached (each an "IP Address").
      2. Each IP Address provided to Customer by OVHcloud will remain the property of OVHcloud.
   10. General
       1. Owing to the highly technical nature of the OVHcloud Services, OVHcloud is subject only to those obligations maintained in the applicable section of the Service Level Agreement regarding our Monthly Availability Commitment.
       2. With the exception of items provided by OVHcloud, OVHcloud does not intervene in the handling of information, data, files, systems, applications, websites or other items which are reproduced, hosted, collected, stored, transmitted, distributed, published and more generally used and/or operated by the Customer within the scope of the OVHcloud Services (collectively known as "Content Data"), and is forbidden from accessing said Content Data for any purpose other than as necessary for the provision of the OVHcloud Services.
       3. For security reasons, OVHcloud reserves the right to proceed with the immediate suspension without notice of any OVHcloud Service on which there is a public service Proxy, IRC, VPN or TOR which is available free of charge or for a fee, and for which OVHcloud has knowledge of its fraudulent or illegal misuse.
       4. Given that the network resources provided to the Customer are shared, Customer undertakes not to use the OVHcloud Service(s) in a manner detrimental to OVHcloud's other customers. In particular, the Customer undertakes not to use the public bandwidth in an intensive manner. In such a situation, OVHcloud reserves the right to apply limitations to this bandwidth. The Customer may, if it so wishes, subscribe to additional bandwidth options for the purpose of having unrestricted use of guaranteed public bandwidth.
       5. The Customer is the sole administrator of the OVHcloud Service(s). In this capacity, the Customer confirms it possess all the technical knowledge necessary to ensure correct administration of the resources provided by OVHcloud.
       6. The Customer must have an internet connection in order to log into the Control Panel or any other management interface offered by OVHcloud and access the OVHcloud Services, and is solely responsible for the aforementioned internet connection, particularly its availability, reliability and security.
       7. OVHcloud reserves the right to interrupt the OVHcloud Services in order to perform a technical intervention to improve the operation of the OVHcloud Services.

2. DEDICATED SERVERS

   1. Service Description
      1. A "Dedicated Server" is a bare metal server that OVHcloud makes available to the Customer for rent on a monthly basis (the "Service(s)" for the purposes of this Section 2). OVHcloud offers different categories of Services, including: Eco Range (Rise, So you Start and Kimsufi), Advance, Infrastructure, HG, High Grade, Scale, Storage, Best Value and Game. The fees, features, and basic hardware and software configurations are described and accessible online via the OVHcloud website.
   2. Customer Obligations
      1. The Service(s) do not have any pre-installed distribution (or operating system). Customer is solely responsible for selecting the distribution (or operating system). It is the Customer's responsibility to acquire the necessary rights to use the selected distribution from a publisher, an authorized third party, or OVHcloud, if applicable. The Customer is solely responsible for installing the selected distribution on the Service(s).
      2. Customer is highly encouraged to order all VMware product offerings for use with the Service(s) directly from OVHcloud. Customer acknowledges and agrees that various VMware on-premises offerings are subject to restrictions or outright prohibitions regarding installation and/or use with cloud service offerings, including the Service(s). It is Customer's responsibility to review the VMware Product Guide (see VMware Product Guide) regarding such restrictions and prohibitions. For example, if Customer has purchased a vSphere perpetual license entitlement from VMware or another VMware authorized channel partner (other than OVHcloud), such license cannot be used with the Services.
      3. The Customer accepts sole responsibility for the performance of any and all maintenance operations in reference to the Service(s), including but not limited to any updates to the distribution installed on the Service(s) and upgrades.
   3. OVHcloud Obligations
      1. In the context of maintenance operations, OVHcloud may have occasion to replace a component in order to keep the Service(s) in an operational condition. In such cases OVHcloud will replace the component with a new component that is identical or has equivalent features. OVHcloud cannot guarantee the substitute components compatibility with the content (including distributions, systems, software and applications) installed by the Customer in the context of the Service(s).
      2. OVHcloud reserves the right to make any modifications, updates, and/or upgrades to the Service(s) or the Host Server (as defined in Section 4.A.i). In the event of a development necessitating such an update or upgrade, the Customer will be given reasonable advance warning, except in urgent cases that may necessitate immediate implementation. If the distribution update or upgrade is not carried out following OVHcloud's requests, OVHcloud reserves the right to interrupt the connection of the Service(s) to the network.
   4. HG Customizable
      1. In addition to the terms and conditions set forth above, customizable HG servers ("HG Customizable Servers"") offered by OVHcloud are subject to the following terms and conditions:
         1. Customers may request upgrades to their HG Customizable Servers by submitting a request to the OVHcloud Customer Support Team (CST) or, where applicable, their OVHcloud account representative.
         2. OVHcloud offers Customers certain disk, GPU and Intel® Optane™ upgrades for HG Customizable Servers as further detailed on the OVHcloud website (collectively, "Upgrades"). The types and availability of Upgrades are subject to change. OVHcloud cannot guarantee the availability of any Upgrade. The cost of each Upgrade will be communicated to the Customer at the time of purchase.
         3. Any Upgrade requested by Customer and installed on an HG Customizable Server cannot be removed by the Customer for any reason.
         4. The installation of an Upgrade may result in downtime. Any downtime incurred during the installation of an Upgrade is excluded from any time-based calculations related to an HG Customizable Server being Unavailable (as defined in the Service Level Agreement).

3. VIRTUAL PRIVATE SERVER ("VPS")

   1. Service Description
      1. A Virtual Private Server ("VPS") is a single virtual machine (VM), with resources dedicated to its user, that OVHcloud makes available to the Customer for rent on a monthly basis (the "Service(s)" for the purposes of this Section 3). The fees, features, and basic hardware and software configurations are described and accessible online via the OVHcloud website.
   2. Customer Obligations
      1. The Service(s) do not have any pre-installed distribution (or operating system). Customer is solely responsible for selecting the distribution (or operating system). It is the Customer's responsibility to acquire the necessary rights to use the selected distribution from a publisher, an authorized third party, or OVHcloud, if applicable. The Customer is solely responsible for installing the selected distribution on the Service(s).
      2. The Customer accepts sole responsibility for the performance of any and all maintenance operations in reference to the Service(s), including but not limited to any updates to the distribution installed on the Service(s) and upgrades.
      3. The virtualization technologies used by OVHcloud for the management of Customer's VPS shall in no way represent any obligation on the part of OVHcloud to ensure the safeguard of the Customer's data. All measures necessary to ensure the backup of the Customer's data remains the exclusive responsibility of the Customer.
      4. Customer is prohibited from using or allowing the Services to be used for any intrusive activity or any intrusion attempts (including, but not limited to port scans, sniffing, spoofing), and any activity or contentious behavior such as traffic exchanging (Hitleap, Jingling), Black Hat SEO (downloading and uploading videos from and to online gaming platforms), crypto-currency mining, video game bots, etc. Anonymization services or public proxy (including VPN, Tor, P2P, IRC) and cardsharing (CCCam or equivalent) are not permitted on the Services.
   3. OVHcloud Obligations
      1. OVHcloud reserves the right to make any modifications, updates, and/or upgrades to the Service(s). In the event of a development necessitating such an update or upgrade, the Customer will be given reasonable advance warning, except in urgent cases that may necessitate immediate implementation. If the distribution update or upgrade is not carried out following OVHcloud's requests, OVHcloud reserves the right to interrupt the connection of the Service(s) to the network.

4. PUBLIC CLOUD SERVICES ("PCS")

   1. Definitions
      1. "Host Server": Physical server with attributed memory (RAM) and compute (CPU). Configured and administered by OVHcloud, it is designed to accommodate one or more VMs or Instances administered by the Customer.
      2. "Infrastructure": set of components provided by OVHcloud which permit to host the Customer's public cloud including in particular (depending on the circumstance) the Host Server, the Storage Space, the network, the bandwidth and/or virtualization or cloud computing technology.
      3. "Instance": Virtual server created on the OVHcloud public cloud infrastructure and which enables the development and/or use of application solutions. The Instance, created using cloud computing technologies, includes a Storage Space and a quantity of processor and RAM resources. It is possible to add Object Storage to an Instance.
      4. "Object Storage": Distributed Storage Space based on the Object Storage architecture (management of data as objects). In the OVHcloud public cloud, it may be added to an Instance, particularly when it is used as a Snapshot (as defined below) and/or subscribed to separately.
      5. "Object Storage Container": Head unit of the Object Storage Space that shares the same access right policy, created by the Customer.
      6. "Service(s)": Public Cloud Services for the purposes of this Section 4.
      7. "Storage Space": Disk space attached to an Instance that can be either a 'local' Storage Space or a 'distributed' Storage Space, depending on the characteristics of the Instance. The 'local' Storage Space is directly attached to the Instance for the proper functioning of the operating system. Data is deleted and the disk is reinstalled to its original state every time the Instance is rebooted or stopped. Data in the 'distributed' Storage Space is stored whatever the state of the Instance. 'Distributed' Storage Space is deleted when the Instance is deleted.
   2. PCS Instances

      The following terms apply only to PCS Instances:

      1. Service Description. PCS Instances are computing services offered by OVHcloud and located on OVHcloud-owned Infrastructure for rent on a monthly basis consisting of one or several Instances and/or several Object Service Containers.
         1. Hardware resources (Host Server, Storage Space, etc.) and the Instances rented by the Customer will remain the exclusive property of OVHcloud.
         2. OVHcloud reserves the right to limit or deny access to certain ports to protect the underlying infrastructure.
         3. The Customer acknowledges that, for security reasons, some features and protocols (such as IRC or peer-to-peer file exchanges) are likely to be restricted under the Services.
      2. Customer Obligations.
         1. The Customer undertakes to comply with the license conditions and conditions of use of the operation system on which the Instance is configured by OVHcloud, and the license conditions of use of the applications, in some cases pre-installed on the Instances by OVHcloud.
         2. The Customer shall be the sole administrator of their Instance. OVHcloud shall under no circumstances be involved in the administration of the Customer's Instances.
         3. The Customer may also perform maintenance operations and updates on the aforementioned operating systems and applications pre-installed on the Instance. In such a case, the Customer assumes full responsibility and OVHcloud shall not under any circumstances be held responsible, including without limitation where said operations (maintenance, updates, etc.) are performed in violation of the applicable conditions of use/license conditions, or where the Instance fails to perform and/or operate correctly following maintenance operations and/or updates performed by the Customer.
         4. The Customer shall not use the Services to deploy services which are intended to enable users to download files in large quantities to and from file hosting platforms.
         5. Customer is prohibited from using or allowing the Services to be used for any intrusive activity or any intrusion attempts (including, but not limited to port scans, sniffing, spoofing), and any activity or contentious behavior such as traffic exchanging (Hitleap, Jingling), Black Hat SEO (downloading and uploading videos from and to online gaming platforms), crypto-currency mining, video game bots, etc. Anonymization services or public proxy (including VPN, Tor, P2P, IRC) and cardsharing (CCCam or equivalent) are prohibited.
         6. In order to maintain the service level of the Customer's Instance and all the servers on the Infrastructure, OVHcloud reserves the right to request that the Customer update the operating system running on the Instance and any applications pre-installed by OVHcloud, where a security vulnerability is identified. If the Customer does not act upon such requests, OVHcloud reserves the right to disconnect the Instance, Object Storage Container and/or Infrastructure from the internet.
         7. In the event that OVHcloud finds that the Instance or Object Storage represents a security risk, OVHcloud may send an email to the Customer to inform the latter that the Instance or Object Storage Container will be reinstalled or deleted to maintain the integrity of the Instance or Object Storage Container and the entire Infrastructure. OVHcloud reserves the right to disconnect the Instance and the Object Storage Container from the internet pending the Customer's reinstallation of their Instance. The Customer is responsible for transferring data from the pirated or failing system to the new system within a commercially reasonable time. The sole responsibility of OVHcloud is the installation of the new system.
      3. OVHcloud Obligations.
         1. OVHcloud reserves the right to modify the operating systems and applications pre-installed by OVHcloud on the Instance, in particular by way of any updates and/or version upgrades that it deems necessary in its sole discretion.
         2. OVHcloud reserves the right to limit or restrict certain functionality of the Instance in order to guarantee the security of the Infrastructure. OVHcloud shall inform the Customer of the implementation of these restrictions whenever possible.
         3. OVHcloud shall use reasonable endeavors to replace any defective part of Host Server as soon as reasonably possible except where OVHcloud is not directly responsible for the failure or in situations where the repair or replacement procedure requires an interruption of Service which exceeds the usual replacement time. In the latter case, OVHcloud will notify the Customer as soon as reasonably practicable.
   3. Snapshot
      1. Service Description. OVHcloud provides a feature enabling Customer to make instantaneous copies of an Instance ("Snapshots"). A Snapshot is not a perennial backup of the data of the Instance; it is rather an "instantaneous" copy of the Instance. Customers are limited to one Snapshot per VM.
      2. Customer Obligations.
         1. Snapshot does not, under any circumstances, exempt the Customer from their obligation to back up their data. Snapshot is not a disaster recovery tool.
   4. Managed Kubernetes Service

      The following terms apply only to the Managed Kubernetes Service:

      1. Service Description. OVHcloud provides a solution based on the Kubernetes open-source system allowing the containerized applications and underlying resources (including computing instances and additional disks) to be orchestrated via an API within the OVHcloud Public Cloud.
         1. To use the Managed Kubernetes Service, it must be associated with the Customer’s OVHcloud Public Cloud project.
         2. The location of the Kubernetes cluster (the "Cluster") is selected by the Customer at the time of its creation from among the available datacenters.
         3. Once a Cluster is associated with a project, the Customer can configure the particular Cluster and add/remove resources such as instances, additional disks or load balancers via the API provided and developed by OVHcloud and orchestrate its resources through the standard Kubernetes API.
         4. The main infrastructure in charge of managing the Cluster (the "Master Infrastructure") is dedicated to the Customer and hosted, managed and maintained in operational condition by OVHcloud. As such, the configuration of the Cluster performed by the Customer is backed up by OVHcloud on its own infrastructure, located in the same availability zone as the Cluster. This does not constitute a permanent backup of the Customer’s configuration.
         5. Resources orchestrated as part of the Managed Kubernetes Service, such as Public Cloud Instances, are subject to the Terms of Service, Service Specific Terms and Service Level Agreements applicable to them.
      2. Customer Obligations.
         1. It is the Customer’s sole responsibility to carry out any operation necessary to preserve their configuration, taking into account how critical the Managed Kubernetes Service is to the Customer’s activity and their risk analysis, in the event the Managed Kubernetes Service is shutdown or undergoing maintenance, version upgrades or updates.
         2. It is the Customer’s responsibility to manage the resources orchestrated within their Cluster, with the exception of the Master Infrastructure which is managed by OVHcloud.
         3. OVHcloud strongly recommends that the Customer not interact directly, specifically through their Management Interface or Openstack API, with the resources managed as part of the Managed Kubernetes Service.
         4. In order for the Managed Kubernetes Service to orchestrate the resources constituting the Customer’s Cluster according to the rules defined by the Customer via the API, the Customer expressly accepts that said Service may automatically add, delete and/or modify resources, and acknowledges that they are liable for all costs related to the use of these resources.
         5. The Customer agrees to keep its Cluster(s) active for the entire duration of its use of the Managed Kubernetes Service. A Cluster will be considered active where it orchestrates at least one active worker node and/or is configured with at least one persistent volume. OVHcloud may, in its sole discretion, delete any Cluster that has not been active for three consecutive months or more. The Customer shall be informed of OVHcloud’s upcoming deletion by e-mail or through the OVHcloud Control Panel thirty (30) days before the deletion (the "Deletion Notice"). Customer shall be entitled to no further notice beyond the Deletion Notice. Any additional notice that may be sent to the Customer after the deletion notice is merely a courtesy. To prevent deletion, Customer may add an active worker node or some persistent volume to the Cluster(s) set for deletion. Deletion takes place automatically so it is Customer’s responsibility to ensure that they have added an active worker node or persistent volume to trigger their Cluster(s) not deleting. In no event shall OVHcloud be liable or provide compensation to Customer for the deletion of their Cluster(s).
      3. OVHcloud Obligations.
         1. OVHcloud is responsible for installing and updating the components of the Master Infrastructure as well as software components, like operating systems present on the Cluster’s nodes.
         2. OVHcloud reserves the right to upgrade its operating systems and pre-installed applications by carrying out any updates and/or version upgrades it deems necessary. In the event that it is necessary to update an operating system or application used by the Customer, this update will be carried out in accordance with the update strategy chosen by the Customer in the Service configuration. OVHcloud shall not be liable for the Customer’s refusal to receive an update or if the Customer blocks OVHcloud from accessing the nodes.
   5. Load Balancer Service
      1. Service Description. OVHcloud shall make a load balancer ("Balancer(s)") available to the Customer, as a service, allowing the Customer to distribute workload by distributing packets of the Customer’s traffic across several of its units in order to improve performance, optimize response times and increase resilience to faults and downtime.
         1. To use the Load Balancer Service, it must be associated with the Customer’s OVHcloud Public Cloud project.
         2. Any feature of the Load Balancer Service that allows the Customer to revert to a previous configuration does not constitute a method of permanently backing up the Customer’s configuration.
         3. Any resources used as part of the Load Balancer Service, such as Public Cloud Instances, are subject to the Terms of Service, Service Specific Terms and Service Level Agreements applicable to them.
      2. Customer Obligations.
         1. Details regarding the functionality and features of the Balancers are accessible on the OVHcloud website and are regularly updated. The Customer is responsible for monitoring any such changes.
         2. The Customer shall be solely responsible for the administration, configuration, and use of the Balancer. OVHcloud is not liable for any lapse or impairment in the Load Balancer Service caused by the Customer’s incorrect configuration of the Balancer.
         3. It is the Customer’s sole responsibility to take all necessary action to maintain their configuration taking into account how critical the Load Balancer Service is to the Customer’s activity and their risk assessment in the event the Load Balancer Service is shutdown or undergoing maintenance, version upgrades or updates. OVHcloud is under no obligation to carry out any backup of the Customer’s Balancer configuration.
      3. OVHcloud Obligations.
         1. OVHcloud is responsible for the administration and maintenance of the underlying infrastructure supporting the Customer’s Load Balancer.
         2. OVHcloud reserves the right to conduct any maintenance, administer any version upgrades, carry out any updates or take any other action in order to maintain and improve the security and functionality of the Load Balancer Service. Such action shall be taken in OVHcloud’s discretion. OVHcloud shall attempt to inform the Customer of any planned maintenance that shall have an effect on the Customer’s Balancer.
   6. Object Storage Services
      1. Service Description. Object Storage Services consist of Storage Spaces that allow static files to be moved through a public access point to an unlimited Storage Space so that the files can be used from an application or be accessible on the web. These Storage Spaces are accessible via an application programming interface (API).
         1. The Customer activates the Object Storage Services from their Management Interface or API.
         2. The Object Storage Services include the following solutions:
            1. Standard Object Storage: Object storage that is scalable, compatible with many use cases, as limited by OVHcloud, and adapted to any volume type. The solution is based on HDD storage. The solution is accessed via an S3™ compatible API*.
            2. High Performance Object Storage: Object Storage for applications that have high bandwidth requirements and require fast and intensive read and write access to data. The solution is based on high-performing NVMe SSD storage. The solution is accessed via an S3™ compatible API.
            3. Standard (Swift) Object Storage: Object Storage with triple data replication. The solution is accessed via a Swift API or an S3™ compatible API. This solution may not be compatible with the Object Storage S3™ compatible solutions.
            4. Cloud Archive (Swift) Object Storage: Object Storage with long-term data retention. The solution is adapted for business needs. The solution is based on capacitive disk storage. The solution is accessed via a Swift API.
      2. Customer Obligations.
         1. It is the Customer’s responsibility to carefully review each available Object Storage solution and ensure the selected solution suits their needs, ensure they have the necessary technical knowledge to administer the Object Storage Services, in particular the Storage Space and inform themselves about the hardware requirements and the services and/or elements needed to use the Object Storage Services.
         2. The Customer is solely responsible for their management and use of the Object Storage Services, including the Storage Space.
         3. The Customer is responsible for ensuring the longevity of the Content Data stored and archived as part of the Object Storage Services, in particular by carrying out backup operations on separate physical media in a separate location.
         4. The Customer is solely responsible for backing up their Content Data on separate physical media in a separate location, for setting up, managing and ensuring business continuity, for setting up and managing disaster recovery plan(s), and for taking the necessary technical and organizational measures to enable the Customer to continue activity in the event of any and all circumstances which may affect the Object Storage Services, the availability of the Customer’s Content Data and Customer’s continuity of activity.
         5. The Customer is solely responsible for conducting any backup, transfers, snapshots or other reasonable protection measures to protect against the loss of their Content Data if the Object Storage Services is stopped for any reason.
         6. The Customer is responsible for checking and confirming that the Object Storage Services are being used without saturating the bandwidth or volume ordered.
         7. The Customer is responsible for ensuring that the Object Storage Services purchased are used exclusively for storage and/or archiving purposes.
      3. OVHcloud Obligations. OVHcloud provides the Customer with a management interface or programming interface that allows the Customer to configure and administer the Object Storage Services (the "Management Interface").
      4. OVHcloud Reservations of Rights.
         1. OVHcloud reserves the right to limit Customer’s orders and or use of the Object Storage Services, if in OVHcloud’s sole discretion, Customer’s order or usage of the Object Storage Services may impact the stability of the infrastructure or the performance of the OVHcloud Services provided to other OVHcloud customers.
         2. OVHcloud reserves the right to temporarily limit the Customer’s use of the Object Storage Services when the infrastructure capacity is insufficient.
         3. OVHcloud is not responsible and cannot be held responsible, in any capacity, for Customer’s Content Data or for the way the Customer’s Content Data is used as part of the Object Storage Services, including, but not limited to, its transmission, distribution, collection, operation or update.
      5. Term and Termination. The Object Storage Services are a consumption-based service and cannot be purchased for a Service Term. OVHcloud does not guarantee or provide that the Object Storage Services shall be available to the same extent and at the same capacity each time Customer uses the Object Storage Services. The Object Storage Services shall automatically terminate when all of the Customer’s Content Data is deleted from the Storage Space.
   7. Managed Private Registry
      1. Service Description
         1. The Managed Private Registry Service (referred to in this Section as the "Service") enables Customers to store and manage containerized software images and other artifacts.
         2. By default, Customers have a Storage Space delivered as part of the OVHcloud Service. Customers are also provided with a Management Interface, as well as API applications, tools, and software programs (the "Components"), all of which enable Client Data to be processed.
         3. A range of plans are offered for the Service with varying features that are described on the OVHcloud Website.
         4. The Data stored by Customers as part of the Service is replicated by default in OVHcloud’s Storage Spaces located in the same region as the one selected by the Customer when the Customer creates Customer’s Managed Private Registry within the Customer’s OVHcloud "Public Cloud Project".
         5. The Management Interface is designed to allow Customers to use the Service to manage their Data, use the available tools and software programs, track the Customer’s resource usage, and view historical resource usage.
         6. For each category of models, a limited number of parallel outgoing connections is defined depending on the model, as detailed on the OVHcloud Website.
         7. As part of the Service, OVHcloud provides Customers with a range of different Components that may be opensource or proprietary. All the Components provided to Customers are the exclusive property of OVHcloud, or OVHcloud’s third party licensors. . Some Components can only be accessed via certain Managed Private Registry models, as described on the OVHcloud Website.
         8. Depending on Managed Private Registry plan purchased by a Customer, Customers will receive a Component that can be used to detect security vulnerabilities (via the use of a security vulnerability list). OVHcloud does not guarantee that this Component will detect any or all security vulnerabilities, and OVHcloud is not responsible if this Component fails to detect a security vulnerability. The function of this Component is limited to alerting Customers of the presence of a known security vulnerability, as well as listing the corrective actions that Customers are responsible for carrying out. This Component is pre-configured with a selection of lists, subject to the license, as specified within the OVHcloud documentation. The Components must be used in compliance with the applicable Conditions of Service, including third-party product conditions, if applicable.
      2. Customer Obligations
         1. Customers are responsible for carrying out any operation necessary to preserve a Customer’s configuration of the Service.
         2. Customers are also responsible for managing and supervising their Data. OVHcloud is not responsible for a Customer’s lost of altered Client Data .
         3. In addition, Customers are responsible for managing the Service, particularly for the rights linked to using the Service, as well as the implementation of any required measures to ensure the longevity of any Client Data used in connection with the Service.
      3. OVHcloud Obligations
         1. OVHcloud is responsible for the operation of the hardware and network Infrastructures on which the Service is installed, pursuant to the applicable provisions of the Terms of Serviced.
         2. OVHcloud is also responsible for updating the Components with available updates and patches pursuant to the applicable provisions of the Terms of Service.
         3. In addition, OVHcloud is responsible for maintaining the hardware on which the Service is installed, pursuant to the applicable provisions of the Terms of Service.
         4. Lastly, OVHcloud is responsible for updating and upgrading the operating systems and software programs offered as part of the Service, as well as configuring the aforementioned operating systems and software programs, all pursuant to the Terms of Service.
      4. OVHcloud Reservation Rights
         1. The Service may only be used in connection with a Customer’s own internal business purposes. Customers may not use the Service within the context of public registries, which can be publicly read via the internet. OVHcloud reserves the right to suspend or cancel the Service on these grounds. In addition, OVHcloud may suspend a Customer’s access to the Service if the Customer uses an excessive amount of outgoing traffic in connection with the Service.
         2. OVHcloud reserves the right to collect metadata linked to a Customer’s use of the Service, such as data related to CPU usage, RAM, errors in the logs, etc.
      5. Duration of Services and Financial Conditions
         1. The Service is billed on a Pay-As-You-Go basis, pursuant to the applicable provisions of the Terms of Service. Any hour (i.e. clock hour) within which the Service is used is billed and due in full. Outgoing traffic used by the Customer is not billed as part of the Service.
   8. Managed Databases
      1. Service Description
         1. The "Managed Databases" (referred to in this Section as the "Service") allows Customers to create clusters of one or more database instances (referred to in this Section as the "Cluster") either via an Application Programming Interface (referred to in this Section as the "API") or using the Control Panel. The Service provides Customers with a solution based on various third-party software, called an "Engine".
         2. Features offered by the Service are detailed on the OVHcloud website.
         3. The disk sizes indicated are an approximate size before formatting and partitioning. The actual size may differ depending on the format, partitioning, and system installation.
         4. OVHcloud maintains the infrastructure used as a part of the Service and provides Customers with a Management Interface and an API.
         5. The Management Interface enables Customers to use the Service (in particular manage their data placed on the Service), use the available tools and software, track their consumption, or view their consumption history.
         6. Customers choose the storage capacity of their Service during the Order. This capacity is linked to the type of Service selected. Any change of capacity will involve a change in the Service range.
      2. Customer Obligations
         1. Each Engine may have specific configurations in terms of the resources made available. These configurations and features change regularly. It is the Customer’s responsibility to be aware of these changes, particularly when it comes to any new Orders.
         2. Customers are responsible for configuring their security groups and security rules (IP address authorizations and/or IP address blocks). No rules are configured by default, so the Cluster provided to the Customer is isolated from the public network. OVHcloud is not
         3. Customers may not:
            • Modify and/or delete the user accounts reserved for OVHcloud to use for administration purposes as part of the Service management;
            • Modify the topology of the Cluster;
            • Leave the scope of the DataBase Management System ("DBMS")
         4. The data that Customers store in a database is not subject to specific encryption by OVHcloud. Customers are responsible for ensuring the security and confidentiality of their data.
         5. The Cluster is dedicated to the Customer and is hosted, managed, and maintained by OVHcloud (or OVHcloud’s partners, where applicable) throughout the duration of the Service. the Customer is responsible for carrying out any operations needed to preserve their configuration of the Service, taking into account the Service’s criticality to the Customer’s activity and the Customer’s risk analysis, particularly in the event of the Service’s shutdown or maintenance, version upgrade or update operations.
         6. Customers are responsible for taking all necessary measures to transfer their content before the Service is terminated and before reinstallation of each Service and generally before any event leading to content deletion.
      3. OVHcloud Obligations
         1. OVHcloud is responsible for the operation of the hardware and network Infrastructures on which the Service is installed, pursuant to the applicable provisions of the Terms of Serviced.
         2. OVHcloud maintains the infrastructure used as a part of the Service and provides Customers with a Management Interface and an API.
         3. OVHcloud is responsible for maintaining the hardware on which the Service is installed, pursuant to the applicable provisions of the Terms of Service.
      4. OVHcloud Reservation Rights
         1. OVHcloud is not responsible for the Customer Content used in connection with the Service, or for how Customer’s use the Customer Content used with the Service, including but not limited to, transmission, distribution to internet users, collection, operation, updating, etc.
         2. OVHcloud reserves the right to carry out any Service updates necessary to comply with the DBMS lifecycle policy described on https://support.us.ovhcloud.com/hc/en-us
         3. OVHcloud may store WAL (Write-Ahead Logging) data, logs and metrics linked to a Customer’s Cluster for a duration of one (1) year following the date the Cluster was created.
         4. Backup operations for Customer data stored on the Cluster can be performed when the option is included in the Service subscription. OVHcloud may store backups for a duration of one (1) month following the creation of the backup.
         5. Customers may restore backups through Control Panel and use of command lines. OVHcloud cannot restore a Customer’s Cluster if the Customer deletes all of the backups performed by OVHcloud. As such, Customers must are reminded that the termination of the Service for anyreason (including termination of the Contract, non-renewal, nonpayment, termination of Service by the Customer, non-compliance with the Terms and Conditions of Service, etc.), as well as certain operations to reinstall the Service will result in the automatic and irreversible deletion of all content (including information, data, files, systems, applications and other elements) that’s reproduced, stored, hosted, collected, transmitted, distributed, published, and more generally used and/or operated by Customers as part of the Service, including any potential backups.
         6. AIVEN OY is the publisher of the Engines listed below in this Section and may access the vRack used for the Service related to these Engines, to manage the Service:
            • MySQL
            • PosgreSQL
            • Kafka and its additional services
            • Opensearch
            • Grafana
            OVHcloud recommends that Customers take all appropriate measures to manage their exposure and security (such as: open ports restrictions, data encryption, etc.)
            AIVEN OY also acts as sub-processor as detailed in Section 4.vi.e (Sub-Processors) below.
      5. Duration of Services and Financial Conditions
         1. The Service is billed on a Pay-As-You-Go basis.
         2. There is no minimum usage duration. However, once a clock hour begins, it is billed and payable in full.
      6. Processing of Personal Data
         This Section describes the conditions for the personal data processing carried out by OVHcloud as processors upon instruction from a Customer as part of the Service. It supplements the Data Processing Agreement, which remains fully applicable to the Service.
         1. Data: In providing the Service, OVHcloud processes the following data as a processor (referred to in this Section as "Client Data"):
            • Data hosted and used by the Customer as part of the Service ("Project Data")
            • Logs generated by the Service ("Application Logs")
            • Logs for accessing and using the Customer’s Service ("Logs System")
         2. Processes and Purposes: OVHcloud’s processing of the Customer Data includes storing, recording, retaining, organizing, accessing, and deleting the aforementioned data. These processes are carried out only when necessary for the purposes of performing the Service (maintenance, administration, and support).
         3. Location: The locations of the different components of the solution are specified on the OVHcloud website, and in the Customer’s Management Interface. Certain data processing operations may be carried out remotely under the conditions set out in the Section 4.vi.e "Subprocessors" and Data Processing Agreement.
         4. Data Conservation
            • Project Data: The Project Data is managed by Customers, the the Customers are responsible for collection, backup, retention, and deletion of the Customer’s Project Data for the duration of the Service. At the end of the Service, the Customer Data is deleted by OVHcloud under the conditions set out in the Section 4.vi.e below.
            • Application Logs: Customers are responsible for managing the retention period of the Application Logs. Subject to the deletion operations carried out by the Customer, the Application Logs are retained for the entire duration of the Service, depending on the maximum storage capacity specified in the documentation available on the OVHcloud website.
            • Logs Systems (or Access Logs): These are kept for 12 months from creation.
            • Backups: The Service includes an automatic weekly backup of the Customer’s Data. The backup is retained for a period that may vary depending on the deletion cycle, from two (2) days, up to a maximum duration defined by the Customer according to the options selected for the Service. The location of the backups is indicated on the Customer’s Management Interface for the Service. These backups do not constitute a guarantee against data loss. To better ensure business continuity, OVHcloud recommends thatCustomers backup their Data at one or more remote sites depending on the criticality of their data.
         5. Sub-processors: In addition to the OVHcloud Subsidiaries listed in the sub-processor section of Data Processing Agreement, the company AIVEN OY is involved in the administration and maintenance of this Service and the support provided to OVHcloud in the context of the Engines. AIVEN OY may need to process the Customer’s data (in particular the data contained in the Service, logs and usage metrics, etc.). As such, AIVEN OY acts as a sub-processor to OVHcloud. The aforementioned data processing is carried out by AIVEN OY remotely.
         6. Service Closure: Data Recovery and Deletion: At the end of the Service for any reason (deletion, termination, non-renewal, etc.), the aforementioned Customer Data becomes immediately inaccessible following deletion of the encryption key. Depending on the removal cycle, the encrypted data may remain available for a minimum of 2 (two) days to a maximum of 1 (one) month. However, this retention period does not guarantee against data loss. Before the Service ends, the Customer is responsible for retrieving all of the Customer Data that the Customer wishes to keep. Information on how to retrieve this data is available on OVHcloud website.
   9. AI Solutions
      1. Service Description
         1. General Description of the AI Tools Service
             

            The AI Tools service includes a set of tools such as AI Training, AI Notebooks, AI Deploy, and their Jobs and Notebooks (collectively referred to as the “Tool(s)”). The Tools enable the development of machine learning models (collectively referred to as the “AI Tools Service” or “Service”) and the exploitation of data for data scientists.

            The Tools that are part of the AI Tools Service can be used independently by the Customer. Each Tool launched by the Customer is deployed on one or more computing units linked to a Public Cloud project and isolated in a Container. Each computing unit has its own features (such as cores and memory). The Customer chooses the desired number of computing units, the prices being indicated in the Control Panel or on the Website.

            Resources orchestrated as part of the AI Tools Service (such as Object Storage, Private Registry, etc.) are subject to their respective service terms and SLA.

         2. AI Training Description
             

            AI Training enables the Customer to train machine learning models and execute work tasks in a Container (hereinafter collectively referred to as the “Jobs”) via an API application, a command-line interface (CLI), or the Control Panel.

            Jobs may be based on libraries provided by OVHcloud, by the Customer, or by Third-Party Products. The duration of the Jobs depends on multiple factors such as the complexity of the training models selected, the volume of data to be processed, and the quantity of Resources deployed.

            The duration of the Jobs also depends on the actions of the Customer, who has mechanisms available to start, stop, restart, and delete Jobs. Depending on the mechanisms used by the Customer, Jobs may be submitted to the following reports:

            • “running”: the Jobs that the Customer has started.
            • “complete”: the computing units of the Jobs in question are freed up by the Customer.
            • “deleted”: the Job in question is entirely deleted by the Customer.

            Additional statuses may be defined in the technical documentation.

         3. AI Notebooks Description
             

            AI Notebooks allow the Customer to program and run code in a code editor (integrated development environment or “IDE”) adapted to machine learning via their web browser (hereinafter collectively referred to as the “Notebook(s)”).

            The Customer may administer their Notebooks via an API application, a command-line interface (“CLI”), or the Control Panel. Notebooks may be based on libraries provided by OVHcloud, by the Customer, or by Third-Party Products. The duration of the Notebooks depends on the actions of the Customer, who has mechanisms available to start, stop, restart, and delete Notebooks.

            Depending on the mechanisms used by the Customer, Notebooks may be submitted to the following statuses:

            • “running”: Notebooks that the Customer has started or relaunched.
            • “stopped”: the Notebook computing units are freed up by the Customer. The Workspace is retained as described below, and the temporary local storage space is deleted.
            • “deleted”: the Notebook is completely deleted by the Customer, including their Workspace.

            Additional statuses may be defined in the technical documentation.

         4. AI Deploy Description
             

            AI Deploy allows the Customer to deploy applications and machine learning models (hereinafter the "App(s)") via an API application, a command-line interface ("CLI"), or the Control Panel and to access the Apps created via an endpoint.

            Apps may be provided by OVHcloud, third-party partners, or by the Customer and may be subject to their own contractual conditions that the Customer accepts separately. Each of the Apps deployed is accessible and viewable via an HTTP API.

            As such, each of the Apps launched by the Customer is deployed on one or more computing nodes linked to a Public Cloud project. Each computing node has its own allocated resources (such as cores and memory). The Customer chooses the desired number of computing nodes and their configuration, the prices of which are indicated in their Control Panel.

            AI Deploy also offers automatic scaling of allocated resources: the Customer indicates the minimum and maximum number of computing nodes desired. AI Deploy adjusts their number according to the workload. The final price will reflect the resources used.

            The duration of the Apps depends on the actions of the Customer, who has mechanisms available to start, stop, restart, and delete Apps. Depending on the mechanisms used by the Customer, Apps may be submitted to the following statuses:

            • “running”: Apps that the Customer has started or relaunched.
            • “scaled”: the computing units are allocated to the Apps in question.
            • “stopped”: the App’s computing units are freed up by the Customer.
            • “deleted”: the App is completely deleted by the Customer.

            Additional statuses may be defined in the technical documentation.

      2. Customer Obligations

         The Customer acknowledges and agrees to:

         1. When providing its own code and/or Container, the Customer must first meet the technical requirements set out in the AI Tools technical documentation available in the “Platform as a Service” section of the OVHcloud documentation (available in the “Support” tab of the Website, in the “Guides” section). The Customer agrees to put their Container on a Managed Private Registry in order to be able to use the AI Tools Service under nominal conditions.
         2. The Resources are dedicated to the Customer. They are hosted, managed, and maintained in operational condition by OVHcloud for the entire duration of the use of the Service. The Customer must carry out any operation necessary to preserve the configuration, taking into account the level of criticality of the Service to the Customer's activity and their risk analysis, in particular in the event of a Service shutdown, maintenance, version upgrade, or update operations.
         3. In order for the Service to orchestrate the Resources allocated to the Customer's subscribed Services in line with the rules set by the Customer in their API, CLI, or Control Panel, the Customer expressly accepts that this Service may automatically or manually add, delete, and/or modify Resources, within a reasonable time period and according to the Resources available, and acknowledges that the Customer is liable for all costs relating to the use of these Resources.
         4. The location of the Service Resources is selected by the Customer at the time of their creation from among the available Datacenters.
         5. Any backups carried out as part of the AI Tools Service, particularly in accordance with Article iii.b of these Product Specific Terms, “Temporary local storage”, and Article iii.c of these Product Specific Terms, “AI Notebooks Workspace” below, do not exempt the Customer from being responsible for securing their Service and the Content stored on it, and in particular from managing their disaster recovery plan independently. The Customer must take all necessary measures to back up their Content outside of the Service in order to be able to restore it in the event of its loss or deterioration.
         6. It is the Customer’s responsibility to terminate all or part of the unused Service. Failure to do so will result in the unused Service being charged.
         7. At the end of the AI Tools Service or any Tool execution, regardless of its cause (via code, expiry, cancellation, deletion, non-renewal, etc.), as well as at the end of the retention period applicable to the Content of the Customer, OVHcloud will delete the Resources used. Meanwhile, the Customer is responsible for deleting the collateral Resources used with the AI Tools Service, such as Object Storage Containers and Private Registry created by the Customer to store model files and containers. OVHcloud shall apply, and Customer on demand agrees to pay, an operating fee at the price displayed on the Website in the event that the Customer does not delete the collateral resources.
      3. OVHcloud Obligations
         1. OVHcloud is responsible for providing the Resources and maintaining them in an operational condition, within the limits of the SLA associated with the Service. The Customer is in charge of sizing the infrastructure, the Content used, and its security.
         2. Temporary local storage: A temporary local storage space is allocated to a specific Tool in order to allow the Customer to use their data. Its storage capacity varies depending on the Resources selected by the Customer. The local and temporary storage space is not synchronized or backed up by OVHcloud. As soon as the Tool is “completed,” “stopped,” or “deleted” by the Customer (as applicable) or in the event of a malfunction, the contents of the temporary storage space will be deleted.
         3. AI Notebooks Workspace: Each Notebook has a file directory backed up to an Object Storage Container (hereinafter referred to as the “Workspace”). The Workspace is accessible by the Customer during the execution of their Notebook and is backed up by OVHcloud as soon as the Notebook is stopped by the Customer. It is permanently deleted thirty (30) days after the Customer deletes a Notebook, unless the Customer decides otherwise. The technical specifications of the Workspace (including the maximum storage capacity) are set out on the Website. The storage space allocated to the Customer will depend on the options selected when creating a Notebook. The Content of the Workspace is deleted on the Notebook deletion date.
      4. OVHcloud Reservation Rights

         OVHcloud reserves the right to:

         1. modify or delete libraries. The Customer acknowledges and accepts that these changes do not entitle the Customer to termination and/or compensation.
         2. stop or suspend a Tool, after having informed the Customer via any means, in order to perform any operation necessary for the proper functioning of the AI Tools Service (application update, security patches, service usage that violates these Product Specific Terms).
         3. OVHcloud cannot guarantee an availability time or a minimum or maximum execution time for the Tools.
      5. Financial Conditions
         1. The Service is billed according to usage (“Pay as you go”). Any started minute (i.e., clock minute) is billed and payable in full. The execution time of a Job or Notebook is limited to seven (7) consecutive days. If the Job or Notebook is not deleted by the Customer before, it will be automatically canceled at the end of this period.
         2. Provisions specific to AI Training: Minutes are counted from the time that a Job is launched until the end of its lifecycle. If a Job is deployed but fails for any reason, including but not limited to inaccessible data or incompatible code, the Service will be billed.
         3. Provisions specific to AI Notebooks: Minutes are counted from the time that a Notebook is launched until the end of its lifecycle, regardless of whether it is used by the Customer. The amount charged depends on the available status of the AI Notebooks service. When the Notebook is “running,” the entire AI Notebooks service is payable. When the Notebook is “stopped,” the computing units (GPU and CPU) released are no longer billed. If the Customer retains the Workspace for a duration of more than thirty (30) days from the Notebook end date and/or in the event of the use of additional storage capacity, OVHcloud will apply the Object Storage prices listed on the Website and applicable documentation.
         4. Provisions specific to AI Deploy: Minutes are counted from the time an App replica runs to the end of its lifecycle. If an App replica is deployed but fails for any reason, including but not limited to inaccessible data or incompatible code, the Service will be billed. In addition to the billing of the Resources, some Apps offered by OVHcloud and external partners may incur an additional cost for the Customer, which will be listed in the Control Panel during deployment.
   10. Billing Terms

       OVHcloud offers two billing models in connection with Public Cloud Services. The billing method that applies to a particular type of Public Cloud Service is as described on OVHcloud's website.

       1. Hourly Services (Pay As You Go). For Public Cloud Services offered on a hourly billing basis ("Hourly Service"), OVHcloud bills Customers for the actual time in which the corresponding Hourly Service was used by the Customer in a calendar month. Except as noted below, OVHcloud bills Customers for the amount of Hourly Services consumed in a prior month on the first day of the following month. However, OVHcloud reserves the right to bill Customers before the end of a current calendar month, if the Public Cloud Services consumed by a Customer during that month reaches a significant total amount. Usage is billed in hourly increments, rounded up to the nearest full hour. For example, usage from 9:50 AM to 10:10 AM on the same day will be billed as one hour. OVHcloud will commence billing for a Hourly Service when the Customer places the corresponding Order. OVHcloud will stop billing for the Hourly Service when the resource is removed. Unless otherwise agreed upon in the Order associated with the Hourly Service, the Hourly Service shall be provided at OVHcloud’s then current market rate.
          
          Example
          
          
          • A Customer launches a B2-15 instance on the 4th day of the month at 08:40.
          • On the 8th day of the month at 10:00, the Customer adds 250GB additional volume (Classic Volume).
          • The Customer cancel all services on the 12th day of the same month at 16:30.
          
          
          From the 4th day of the month at 08:40 until the 12th of the month at 16:30, there are 200 hours of resource usage. For the storage, from the 8th day of the month at 10:00 until the 12th of the month at 16:30, there are 103 hours of resource usage.
       2. Monthly Services. For Public Cloud Services offered on a monthly billing basis ("Monthly Service"), OVHcloud bills Customers every month at the beginning of the corresponding month, even if the instance is canceled before the end of the month. If the Monthly Service starts after the beginning of a month, for that first month, Customer is billed a pro-rata amount for that month, based on the number of days in the month in which the Monthly Service was used, calculated as a daily rate from the corresponding monthly rate for the Monthly Service. Unless otherwise agreed upon in the Order associated with the Monthly Service, the Monthly Service shall be provided at OVHcloud’s then current market rate. Customers can also change the service type in the middle of the month. If the Customer changes the service type during a billing month, the Customer is billed for the initial service plus a pro rata charge for the updated service based on the number of days remaining in the month.

ANNEX 1
DIVISION OF TASKS AND RESPONSIBILITIES BETWEEN OVHCLOUD AND CUSTOMER

VMWARE ON OVHCLOUD

ESSENTIALS

ANNEX 2
VEEAM MANAGED BACKUP – VMWARE ON OVHCLOUD

This document describes and sets out the specific terms and conditions applicable to the Veeam Managed Backup Service offered by OVHcloud as an add-on option to the VMware on OVHcloud Service (hereinafter referred to as the "Backup Option" or "Veeam Managed Backup"). It complements and forms an integral part of the VMware on OVHcloud Services. In the event of any inconsistencies between this Annex 2 and the Service Specific Terms, this Annex 2 shall prevail if the Customer has purchased Veeam Managed Backup.

Description: The Backup Option allows the Customer to back up the Virtual Machines on the Customer’s VMware on OVHcloud, as well as the data stored on the Customer’s Virtual Machines (hereinafter referred to as "Backup"). This backup feature is integrated into the management interface and Virtualization Interface. The Backup Option is an optional service that is not included by default in the cost of the VMware on OVHcloud Service. This Backup Option must be the subject of a specific order or activation, and results in additional invoicing.

Software: The software that allows the Customer to use the Backup Option is developed by third-party suppliers ("Third-Party Products"). OVHcloud does not participate in the creation and development of these Third-Party Products made available to the Customer as part of the Backup Option. Consequently, OVHcloud is not responsible for Third-Party Products made available as part of the VMware on OVHcloud Service, which may include technical errors, security vulnerabilities, incompatibilities or instability, and does not give any guarantee on Third-Party Products made available as part of the VMware on OVHcloud. The Customer is only allowed to use the Third-Party Products made available by OVHcloud within the scope of the VMware on OVHcloud Service in accordance with any applicable Third Party's terms and conditions currently in effect. OVHcloud and the third-party supplier reserve the right to modify the Third-Party Products at any time.

Backup Option Mechanisms: Backups are performed using the "Veeam Managed Backup" Third-Party Product. The Customer will activate the Veeam Managed Backup option in the Customer’s management interface and will chose between three (3) levels of offers: "Standard", "Advanced" or "Premium". Once one of these offers is selected and activated on the Customer's VMware on OVHcloud, this is the only offer that will be available for the Backup of the Customer’s virtual machines. The number of incremental backups, full backups and additional features available depend on the level of service selected in the management interface. Backups are not replicated by default, and are only available on the higher levels of offers. On each update, a consistency check between the backed up Virtual Machine and its Backup is performed automatically via a control application. This check concerns only the consistency of the Backup file against the source file and does not check the integrity of the Backup or the data contained on it. In the event of an inconsistency or error detected, a new Backup is automatically performed by the system. In the event of a new inconsistency or error detected, this is mentioned in the daily Backup report communicated to the Customer. The Backup Options are conceived for Virtual Machines to be backed up that do not exceed two (2) terabytes.

Storage space: The Storage Resources allocated to the Backup Option are shared. The Storage Resources allocated to the Customer are logically isolated from those allocated to other OVHcloud customers, and are physically separated from the Infrastructure in which the Customer has set up the Customer’sVMware on OVHcloud. The Storage Resources used for the Backup Option is located in the same datacenter as the VMware on OVHcloud Service that is being backed up.

Terms of use: The Customer is responsible forr (a) selecting the Virtual Machines on the Customer’s VMware on OVHcloud to be backed up, (b) checking that the Backups are properly performed, (c) checking the integrity of the backups using the tools that the Customer considers appropriate, and, (d) for implementing a new Backup operation if necessary by contacting OVHcloud Support. OVHcloud does not manage Backup or Restore operations performed as part of the VMware on OVHcloud Services. The Customer agrees to flag as soon as possible the discovery of a malfunction, error or vulnerability in the Backup operation.

Billing: The Customer is invoiced according to (i) the number of Virtual Machines backed up, (ii) the size of the Virtual Machines backed up and (iii) the Backup service chosen.

End of Services: In the event of deletion, reinstallation or configuration change of a Virtual Machine or Backup, as well as in the event of termination or non-renewal of a VMware on OVHcloud Service or the Backup option, all Backups (including the data and information they contain) are automatically and irreversibly deleted. Before starting these tasks, as well as before the expiry date of the Customer’s Backup Option or VMware on OVHcloud Services, the Customer is responsible for backing up or transferring the Customer’s Virtual Machines (including all the data and information they contain) to other devices, in order to protect against any loss or alteration.

Service Level Agreement. OVHcloud shall use commercially reasonable efforts to maintain the uptime and response time SLAs for the Veeam Managed Backup Service provided by OVHcloud to allow the Customer to perform daily backup tasks and make those tasks available to the Customer. To do this we will collect a combination of metrics, such as these:

• Veeam service uptime
• Uptime of infrastructure where Veeam Services are installed
• Network uptime
• Storage uptime

In addition, we will watch for errors on API calls, in case there are any, for longer than 120ms. SLA does not apply on the backup content nor the time it takes for the backup job to run.

*Backup jobs are excluded

**Start from the Backup Report for backup jobs

In case the Veeam Managed Backup product SLA is not reached, Customer is entitled to be compensated up to 30% of all the protected VMs impacted by the downtime of Veeam Managed Backup product in accordance with the Hosted Private Cloud Premier Service Level Agreement.

GTI, Goal Time for Intervention. The time target for OVHcloud's initial intervention on an incident. Starts when a task is launched by Customer, results in an error, and it ends when OVHcloud contacts Customer with a Support Ticket ID, or when OVHcloud Support personnel replies for the first time on an incident ticket opened by Customer.

GTR, Goal Time for Recovery. The target amount of time OVHcloud will take to recover from the incident reported automatically by the system or by the Customer, by creating an incident ticket. It starts when a task launched by Customer results in error and it ends when the incident is resolved with a state of "done" or "cancel" (with Customer agreement).

Conditions
These are the conditions for this SLA to be applied:

• Customer must have the Veeam Backup Server VM hosted and in working order in the Hosted Private Cloud Premier infrastructure at OVHcloud.
• Customer must have this VM protected with High Availability at all times.
• The VM must follow Veeam Backup Best Practices.
• VMs over 2TBs in size are not subject to this SLA.
• Should Customer try to back up a VM over the allowed size or if the Backup job is cancelled by Customer, this SLA will not apply.
• OVHcloud reserves the right to request Customer to relaunch a backup job that previously failed, if Customer is not able to comply and/or if Customer is not available to perform this request, this SLA should not apply.

ANNEX 3
VEEAM MANAGED BACKUP – ESSENTIALS

This document describes and sets out the specific terms and conditions applicable to the Veeam Managed Backup Service offered by OVHcloud as an add-on to the Essentials Service (hereinafter referred to as the "Backup Option" or "Veeam Managed Backup"). In the event of any inconsistencies between this Annex 3 and the Service Specific Terms, this Annex 3 shall prevail if the Customer has purchased Veeam Managed Backup.

Description: The Backup Option allows the Customer to back up the Customer’s Virtual Machines on the Customer’s Essentials Service, as well as the data stored thereon(hereinafter referred to as "Backup"). This backup feature is integrated into the Management and Virtualization Interfaces. The Backup Option is an optional Service that is not included by default in the cost of the Essentials Service. This Backup Option must be the subject of a specific order or activation, and results in additional invoicing.

Software: The software that allows the Customer to use the Backup Option is developed by third-party suppliers ("Third-Party Products"). OVHcloud does not participate in the creation and development of these Third-Party Products made available to the Customer as part of the Backup Option. Consequently, OVHcloud is not responsible for Third-Party Products made available as part of the Essentials Service, which may include technical errors, security vulnerabilities, incompatibilities, or instability, and does not give any guarantee on Third-Party Products made available as part of the Essentials Service. The Customer’s use of Third-Party Products are subject to any applicable Third Party's terms and conditions currently in effect. OVHcloud and the third-party supplier reserve the right to modify the Third-Party Products at any time.

Backup Option Mechanisms: Backups are performed using the "Veeam Managed Backup" Third-Party Product. From the OVHcloud Control Panel, the Customer must activate the Veeam Managed Backup option in the Customer’s management interface and will choose between three (3) levels of offers: "Standard", "Advanced" or "Premium". Once one of these offers is selected and activated on the Customer's Essentials Service, this is the only offer that will be available for the Backup of the Customer’s virtual machines. The number of incremental backups, full backups, and additional features available depend on the level of service selected in the management interface. Backups are not replicated by default and are only available on the higher levels of offers. On each update, a consistency check between the backed up Virtual Machine and its Backup is performed automatically via a control application. This check concerns only the consistency of the Backup file against the source file and does not check the integrity of the Backup or the data contained on it. In the event of an inconsistency or error detected, a new Backup is automatically performed by the system. In the event of a new inconsistency or error detected, this is mentioned in the daily Backup report communicated to the Customer. The Backup Options are conceived for Virtual Machines to be backed up that do not exceed two (2) terabytes.

Storage space: The storage resources allocated to the Backup Option are shared. The Storage Resources allocated to the Customer are logically isolated from those allocated to other OVHcloud customers and are physically separated from the Infrastructure in which the Customer has set up the Customer’s Essentials Service. The Storage space used for the Backup Option is located in the same data center as the Essentials Service that is being backed up. The Customer is responsible for ensuring that the location of the data center meets the Customer’s needs and requirements.

Terms of use: The Customer is responsible for (a) for selecting the Virtual Machines on their Essentials Service to be backed up, (b) checking that the Backups are properly performed, (c) checking the integrity of the backups using the tools that the Customer considers appropriate, and, (d) for implementing a new Backup operation if necessary by contacting OVHcloud Support. The Customer agrees to flag as soon as possible the discovery of a malfunction, error or vulnerability in the Backup operation.

Billing: The Customer is invoiced according to (i) the number of Virtual Machines backed up, (ii) the size of the Virtual Machines backed up and (iii) the Backup service chosen.

End of Services: In the event of deletion, reinstallation or configuration change of a Virtual Machine or Backup, as well as in the event of termination or non-renewal of Essentials Service or the Backup option, all Backups (including the data and information they contain) are automatically and irreversibly deleted. Before starting these tasks, as well as before the expiry date of the Customer’s Backup Option or Essentials Services, the Customer is responsible for backing up or transferring the Customer’s Virtual Machines (including all the data and information they contain) to other devices, in order to protect against any loss or alteration.

Service Level Agreement. OVHcloud shall use commercially reasonable efforts to maintain the uptime and response time SLAs for the Veeam Managed Backup Service provided by OVHcloud to allow the Customer to perform daily backup tasks and make those tasks available to the Customer. To do this OVHcloud will collect a combination of metrics, such as these:

• Veeam service uptime
• Uptime of infrastructure where Veeam Services are installed
• Network uptime
• Storage uptime

In addition, we will watch for errors on API calls, in case there are any, for longer than 120ms. SLA does not apply on the backup content nor the time it takes for the backup job to run.

*Backup jobs are excluded

**Start from the Backup Report for backup jobs

In case the Veeam Managed Backup product SLA is not reached, Customer is entitled to be compensated up to 30% of all the protected VMs impacted by the downtime of Veeam Managed Backup product in accordance with the Managed Bare Metal Essentials Service Level Agreement.

GTI, Goal Time for Intervention. The time target for OVHcloud's initial intervention on an incident. Starts when a task is launched by Customer, results in an error, and it ends when OVHcloud contacts Customer with a Support Ticket ID, or when OVHcloud Support personnel replies for the first time on an incident ticket opened by Customer.

GTR, Goal Time for Recovery. The target amount of time OVHcloud will take to recover from the incident reported automatically by the system or by the Customer, by creating an incident ticket. It starts when a task launched by Customer results in error and it ends when the incident is resolved with a state of "done" or "cancel" (with Customer agreement).

Conditions
These are the conditions for SLA to be applied:

• Customer must have the Veeam Backup Server VM hosted and in working order in the Essentials infrastructure at OVHcloud.
• Customer must have this VM protected with High Availability at all times.
• The VM must follow Veeam Backup Best Practices.
• VMs over 2TBs in size are not subject to this SLA.
• Should Customer try to back up a VM over the allowed size or if the backup job is cancelled by the Customer, this SLA will not apply.
• OVHcloud reserves the right to request Customer relaunch a backup job that previously failed, if Customer is not able to comply and/or if Customer is not available to perform this request, this SLA does not apply.