§ 1. Scope

1.1. This Annex A sets out the service levels (Service Levels) for the services provided by Cuverse, and the rules for compensation in the event of any breach.

1.2. Annex A applies as an annex to: (a) the Mining Hardware Hosting Agreement; (b) the Mining Service Agreement; (c) the Platform Terms of Use.

1.3. In the event of any conflict between Annex A and the principal agreement, Annex A prevails in respect of SLA parameters and compensation.

§ 2. Definitions

§ 3. Platform SLA (Cuverse Technologies Limited)

3.1. The Platform SLA applies to the Cuverse web platform, Account, Dashboard, API and related service interfaces provided by Cuverse Technologies Limited.

3.2. Target Availability:

3.3. Availability is calculated according to the following formula: (Total Minutes − Unplanned Downtime) / (Total Minutes − Excluded Downtime) × 100%.

3.4. The Platform SLA does not apply to: third-party functionality (KYC providers, payment gateways), mining pools or blockchain networks.

§ 4. Mining Hardware SLA (Hosting Mode)

4.1. The Mining Hardware SLA applies to equipment located in the data center under the Mining Hardware Hosting Agreement.

4.2. Target Availability:

4.3. Hardware Uptime is calculated as the ratio of the actual hashrate to the nominal hashrate of the equipment in the Measurement Period.

4.4. Cuverse does not guarantee: (a) any specific Hash Rate of an individual unit of equipment; (b) any specific volume of Mining Rewards; (c) the price of any cryptocurrency; (d) the operability of the Mining Pool selected by the Customer.

§ 5. Service Package SLA (Cloud Infrastructure / MSA)

5.1. The Service Package SLA applies to Service Packages under the Mining Service Agreement.

5.2. Target Availability:

5.3. Cuverse guarantees the availability of the allocated computing power (Allocated Hashrate), but does not guarantee: (a) any specific volume of Mining Rewards; (b) the profitability of the Service Package; (c) the price of cryptocurrency or the network difficulty.

5.4. In the event of equipment replacement by Cuverse (§ 2(2) of the Mining Service Agreement), performance metrics may differ — this does not constitute a breach of the SLA, provided that the Allocated Hashrate is maintained.

§ 6. Excluded Downtime

The following periods are excluded from the calculation of Availability:

• Scheduled Maintenance (up to 8 hours per calendar month, with 48 hours’ notice);
• Emergency Maintenance to address critical security issues;
• Force Majeure pursuant to § 12 of the principal agreement;
• breach by the Customer of the AUP or the principal agreement;
• unavailability of third-party services beyond Cuverse’s reasonable control (blockchain networks, mining pools, upstream ISPs, KYC providers);
• DDoS attacks and other cyber-incidents, notwithstanding reasonable protective measures;
• periods during which the Customer has failed to comply with its obligations (for example, the absence of Service Prepayment);
• testing periods and beta-functionality designated as such.

§ 7. Service Credits

7.1. Where the Target Availability is breached in a Measurement Period, the Customer is entitled to request a Service Credit.

7.2. Calculation of Service Credit for Platform SLA:

7.3. Calculation of Service Credit for Mining Hardware SLA / Service Package SLA.

The Service Credit thresholds reflect the differing minimum guaranteed Availability levels applicable to Hosting Mode and Service Packages. The minimum guaranteed levels (95% for Hosting Mode and 99% for Service Packages) set out in the principal agreements apply as monthly thresholds for the purposes of calculating the Service Credit under this Annex A, while remaining the applicable annual minimums for the purposes of the principal agreements.

(a) Hosting Mode (Mining Hardware Hosting Agreement) — minimum guaranteed Availability 95%:

(b) Service Package (Mining Service Agreement) — minimum guaranteed Availability 99%:

7.4. A Service Credit is credited to the Customer’s Service Prepayment within 30 days of Cuverse’s recognition of the breach of the SLA. For consumer Customers (EU B2C), upon written request, the Service Credit may be paid in funds within the limits required by applicable consumer protection law.

7.5. The maximum aggregate Service Credit per Measurement Period does not exceed 50% of the corresponding monthly fee (Platform Fee or Hosting Fees).

7.6. A Service Credit is the Customer’s sole remedy in connection with a breach of the SLA, save in the cases of: (a) an intentional breach by Cuverse; (b) a breach of material contractual obligations (cardinal obligations / wesentliche Vertragspflichten) in accordance with § 11 of the principal agreement; (c) a breach of consumer rights guaranteed by mandatory law.

For consumer Customers (B2C) in jurisdictions in which applicable mandatory law (in particular, the EU Consumer Rights Directive and national implementing legislation) requires the provision of monetary compensation, the compensation may be paid, at the Customer’s choice, in the form of: (a) a credit to the Service Prepayment; or (b) a payment in cryptocurrency USDT to the Customer Wallet, within the limits of the compensation amounts calculated in accordance with this § 7. The provisions of this § 7.6 do not limit any other rights of consumers provided for by applicable mandatory law.

§ 8. Service Credit Claim Procedure

8.1. In order to obtain a Service Credit, the Customer shall: (a) submit a written request within 30 days following the end of the Measurement Period; (b) indicate the Measurement Period and the actual Availability metrics; (c) provide supporting evidence (where available).

8.2. Cuverse considers the request within 15 working days and notifies the Customer of its decision.

8.3. In the event that the Customer disagrees with Cuverse’s decision, the dispute resolution procedure of the principal agreement applies.

8.4. A Service Credit is not credited automatically without a request from the Customer, save in cases where the breach of the SLA affects all Customers concurrently.

§ 9. Support Response Times

9.1. Cuverse provides technical support in accordance with the following priority levels:

9.2. “Initial Response” means the first substantive communication from Cuverse acknowledging receipt and providing an assessment of the issue. It does not mean resolution of the issue.

9.3. Cuverse uses commercially reasonable efforts to resolve P1 issues within 24 hours, P2 issues within 5 business days, and P3 issues within 15 business days. These timeframes are targets, not guarantees.

9.4. Support working hours (Hong Kong Time): Monday–Friday 09:00–18:00. P1 incidents are handled 24/7.

§ 10. Scheduled Maintenance

10.1. Cuverse carries out Scheduled Maintenance to ensure stability, security and the development of the services.

10.2. Cuverse notifies Customers of Scheduled Maintenance no less than 48 hours in advance through: (a) the Status Page; (b) email to Customers; (c) a notice in the Dashboard.

10.3. Scheduled Maintenance is carried out predominantly in low-load windows (Sunday 02:00–08:00 HKT).

10.4. The total duration of Scheduled Maintenance does not exceed 8 hours per calendar month (with the exception of Emergency Maintenance and major upgrades, which are subject to separate notice).

10.5. Emergency Maintenance is carried out without prior notice where necessary to address critical issues. Cuverse notifies Customers within a reasonable period after the commencement of Emergency Maintenance.

§ 11. Status Page

11.1. Cuverse maintains a Status Page with up-to-date information on the status of the services and on incidents.

11.2. The Status Page reflects: (a) the current status of each component; (b) active incidents; (c) scheduled maintenance windows; (d) the history for the previous 90 days.

11.3. The Status Page is hosted on infrastructure independent of the principal platform, in order to ensure availability during incidents.

§ 12. Modification of SLA

12.1. Cuverse is entitled to amend the terms of this Annex A for good cause (changes in infrastructure, regulatory requirements, the development of the services).

12.2. Material amendments adverse to the Customer (in particular, a reduction in the levels of compensation, an extension of pro-rata windows, or a reduction in uptime thresholds) take effect no earlier than 30 calendar days following notice to the Customer. During that period, the Customer is entitled to terminate the corresponding Service Package or Mining Hardware Hosting Agreement without penalty; in the event of such termination, the provisions of § 4(2) of the Refund Policy apply.

12.3. Non-material amendments (typographical corrections, clarifications, improvements in favour of the Customer — higher targets, additional compensation) may take effect immediately upon publication.

12.4. Grandfather clause: amendments do not apply to Measurement Periods commenced before the date of the amendment.

§ 13. Reporting and Transparency

13.1. Cuverse publishes quarterly SLA reports reflecting actual Availability for the quarter.

13.2. The Customer is entitled to request detailed Availability metrics in respect of the Customer’s equipment or Service Package through a support ticket.

13.3. All metrics are based on Cuverse’s internal monitoring systems. In the event of any dispute regarding metrics, the logs of Cuverse’s monitoring systems apply, unless the Customer provides convincing evidence to the contrary.

§ 14. Miscellaneous

14.1. This Annex A is made available in English. Where translations into other languages are provided, the English version prevails.

14.2. Annex A takes effect from the date of conclusion of the principal agreement or from the date indicated by Cuverse upon update.