Version date: 22 September 2026 · Trooper.AI c/o Media Trooper GmbH, Idstein, Germany
DRAFT NOT FINAL
1.1 Covered services. This SLA applies exclusively to paid GPU server products (“Blibs”) supplied by Media Trooper GmbH (“Trooper.AI”) to customers acting as entrepreneurs (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB) when entering into the contract. It applies where incorporated into the relevant contract. It does not cover API/inference services, storage add-ons, managed software features, free services, beta features or trial periods unless expressly agreed otherwise.
1.2 Relationship with other terms. Individually negotiated agreements take precedence. Subject to that priority, this SLA prevails over the General Terms and Conditions (GTC) for the availability, Service Credits, incident support, hardware recovery, liability and special termination and refund rights expressly governed here. The GTC continue to apply to other matters.
In particular:
1.3 Nature of commitment. The availability commitments are contractual service levels subject to the definitions, measurement rules and exclusions below. They do not promise uninterrupted operation, an independently assumed guarantee of all operational outcomes or a particular restoration time. Service Credits do not require proof of fault. Liability beyond Service Credits is governed by Section 9, and the statutory rights expressly preserved by this SLA remain unaffected.
1.4 Temporal applicability. This version applies only to outages beginning on or after 00:00 Europe/Berlin time on the Version date stated above, and only once this version has validly become applicable to the relevant contract. It does not apply retroactively to outages that began before that date, including outages continuing beyond that date. Such earlier outages and any related claims remain governed by the contractual terms applicable when the outage began. Existing claims and statutory rights remain unaffected. For existing contracts, the amendment requirements in Section 10 remain applicable; the Version date alone does not amend a contract.
2.1 Single-Instance SLA. Trooper.AI commits to 99.6% monthly availability for each covered GPU instance.
2.2 Multi-Datacenter SLA. Trooper.AI commits to 99.95% monthly availability for a registered failover group comprising two or more instances that:
Registration and changes to a group’s composition take effect prospectively at the effective time stated in Trooper.AI’s confirmation, which cannot precede that confirmation. An instance may belong to only one registered group at a time. If a group ceases to satisfy the minimum size, billing or location requirements, group coverage ends prospectively when that occurs; individually eligible instances remain covered by the Single-Instance SLA.
Instances need not have identical configurations. The customer selects and operates the group’s failover, load balancing, application replication and spare workload capacity. Trooper.AI does not undertake to operate those functions. Group availability measures simultaneous infrastructure failure, not the ability of surviving instances to run the entire workload. A group is unavailable only while all its registered instances are simultaneously unavailable under Section 2.3. Insufficient capacity of an otherwise available surviving instance is not group downtime.
2.3 Definition of availability. An instance is available when it is generally reachable through its public network access and all GPUs in the booked configuration are hardware-functional and exposed to its operating system. A hardware failure affecting even one booked GPU can therefore constitute instance downtime. Mere device visibility does not establish hardware functionality.
Malfunctions caused by customer software, customer-installed or customer-modified drivers, or customer workloads are excluded to the extent provided in Section 6. A failure of software or drivers supplied by Trooper.AI is not excluded merely because it is software-related. No particular throughput, model performance, training time, application response time or uninterrupted workload execution is promised by this SLA.
Availability concerns general instance access, not continued use of a particular IP address, domain, URL or network route. Unless a particular address or route is separately agreed as a contractual requirement, Trooper.AI may restore access through an alternative public address or route. Such restoration takes effect for measurement purposes only when the alternative access is operational and the necessary access information is available to the customer through an accessible panel or another reasonable communication channel. Time subsequently needed to adapt the customer’s own DNS, application configuration or routing is not downtime under this SLA. Any separately agreed access requirements remain unaffected.
Verification in disputed availability cases. Where the customer and Trooper.AI disagree about whether the booked instance is reachable or available, the following two criteria apply together to assess infrastructure availability under this Section. Both must be satisfied, subject to the exclusions in Section 6 and the evidence rules in Section 2.7:
Direct public-network access. The instance must be reachable from the internet through its assigned public network ports, using a functioning test service listening on the corresponding instance ports and the appropriate protocol. For this test, customer-controlled firewall filtering must be temporarily disabled or bypassed for the test traffic to exclude customer firewall misconfiguration. Testing may be restricted to designated source addresses; unrestricted exposure of the instance is not required. A port with no listening service, or traffic blocked solely by customer-controlled rules, does not by itself establish infrastructure downtime. Web-proxy and SSL-routing availability remains outside this test under Section 2.4.
GPU identification and load-test functionality. In a clean software environment using a compatible, freshly installed GPU driver, terminal output from nvidia-smi or an equivalent diagnostic tool must identify all booked GPUs with the agreed GPU model and advertised VRAM capacity, allowing for documented differences caused by reporting units and system-reserved memory. Each booked GPU must successfully complete a standardized diagnostic workload selected by Trooper.AI and suitable for the GPU model, exercising GPU computation and available VRAM under sustained high compute load for at least five consecutive minutes within the configuration’s specified operating limits. Successful completion requires correct computational results and no hardware-related crash, GPU reset, device loss or uncorrectable memory error. Normal clock variation or operation within configured power limits does not, by itself, constitute a failure; continuously reported 100% utilization is not required.
Trooper.AI documents the test conditions and results and provides them to the customer on request. Any required interruption, firewall adjustment or driver reinstallation on the customer’s instance is coordinated with the customer; this provision does not authorize deletion of customer data or an unagreed operating-system reinstallation. Necessary customer cooperation is governed by Section 6.4.
Successful tests are evidence of functionality at the time of testing; they do not override substantiated evidence of earlier, intermittent or recurring infrastructure defects. Testing is not a prerequisite for reporting an outage and does not postpone the start of otherwise established downtime. These tests verify the two availability requirements above and do not introduce an application-performance guarantee.
2.4 Web proxy and SSL routing. Managed domains, SSL termination and HTTP(S) proxy routing in front of instances are convenience features outside this SLA. Failure of that layer alone is not instance downtime if direct public-port access remains available. Customers using it for production traffic are responsible for suitable direct-access failover, including any application-side TLS and routing configuration needed for their use case. Trooper.AI does not guarantee that direct access reproduces every proxy feature.
2.5 Measurement period. A calendar month runs from 00:00 on its first day to 00:00 on the first day of the next month in Europe/Berlin time (CET/CEST). Durations use actual elapsed time, including daylight-saving changes; timestamps may be stored in UTC and converted accordingly.
The SLA Measurement Period comprises the portions of that month during which the instance was contractually booked, initially provisioned and eligible for coverage, irrespective of its actual technical availability. The following are removed from both the measurement denominator and downtime:
A fault-related stop, freeze or other administrative state imposed by Trooper.AI does not, by itself, end coverage or remove time from measurement. Replacement of an instance as part of recovery continues the measurement history of the affected booking; it does not erase previous downtime.
For a failover group, the common measurement period comprises only time during which all registered members are simultaneously eligible. The Multi-Datacenter SLA applies exclusively to those members for that common period. Outside it, each individually eligible member falls under the Single-Instance SLA; no instance or fee portion is covered twice. A membership change divides group measurement into separate periods for the respective confirmed compositions. For each instance, all Single-Instance periods within the same calendar month are combined. No period extends beyond a calendar-month boundary.
2.6 Calculation and precision. Availability is calculated as follows:
Availability (%) = (eligible measurement minutes − downtime minutes) ÷ eligible measurement minutes × 100.
Eligible measurement minutes are actual eligible elapsed seconds divided by 60, without rounding. Where no eligible time exists, no availability calculation or Service Credit arises for that period.
Downtime begins when the availability requirements cease to be met and ends when they are restored. The recorded start is the earlier of detection by Trooper.AI or receipt of a substantiated customer report, unless reasonable, verifiable evidence establishes an earlier actual start. All eligible, demonstrable interruption durations are combined for the relevant instance or group measurement period, with overlapping intervals counted once; the combined seconds are converted into full downtime minutes by rounding down once. Thus repeated interruptions shorter than 60 seconds count in aggregate; a total below 60 seconds does not generate a downtime minute. Group interruption durations are calculated from the actual overlaps before this rounding.
The availability percentage is compared with the credit thresholds without rounding. Display rounding does not change the applicable tier. Credit amounts are rounded to the nearest currency cent only after applying the percentage to Eligible Fees; exactly half a cent is rounded up.
2.7 Evidence. Trooper.AI’s monitoring is the primary measurement source but is not conclusive or the sole admissible evidence. Reasonable and verifiable customer logs or external monitoring evidence are considered. An incident need not be reproducible after recovery if reliable evidence establishes that it occurred. A customer application error alone does not establish an infrastructure outage. The public status page is informational and is not the contractual measurement record.
3.1 Eligible Fees. Eligible Fees are the net recurring GPU-instance rental fees actually paid with real money and attributable to the affected SLA Measurement Period. VAT and other taxes, setup fees, storage and other add-ons, traffic charges and charges for other services are excluded.
Non-Cash Credit means credit not funded by a real-money payment by the customer, including promotional bonuses, free voucher or coupon value, goodwill credits and SLA Service Credits. Real-money deposits and account balances, and the paid value of a purchased voucher, are not Non-Cash Credit. Any additional free voucher value is Non-Cash Credit.
3.2 Allocation. For time-based billing, the actual recurring rental charges attributable to eligible time are used. A fixed fee covering a longer billing or prepaid term is allocated in proportion to actual elapsed time within that term. Calendar months are not treated as fixed four-week or 672-hour periods.
Where a charge is funded partly by real money and partly by Non-Cash Credit, only its real-money-funded portion is eligible. The actual recorded payment allocation is used consistently and must not be reclassified retrospectively to reduce a claim. Where mixed funding is not attributed to individual charge portions, the real-money proportion of the relevant paid rental charge applies proportionally to its eligible time. An unpaid amount becomes eligible only once actually paid; a claim filed on time remains eligible for adjustment after that payment.
3.3 Single-Instance SLA. If availability is below 99.6%, the following credit percentage applies to the instance’s Eligible Fees:
| Availability in the SLA Measurement Period | Service Credit |
|---|---|
| 99.6% or higher | 0% |
| Below 99.6% but at least 99.0% | 10% |
| Below 99.0% but at least 95.0% | 30% |
| Below 95.0% | 100% |
3.4 Multi-Datacenter SLA. The following percentage applies to the combined Eligible Fees of all registered members attributable to the group’s common measurement period:
| Group availability in the SLA Measurement Period | Service Credit |
|---|---|
| 99.95% or higher | 0% |
| Below 99.95% but at least 99.0% | 10% |
| Below 99.0% but at least 95.0% | 30% |
| Below 95.0% | 100% |
There is no additional Single-Instance credit for the same member and time covered by the Multi-Datacenter SLA. Changes of group composition and individual coverage are allocated under Section 2.5; each rental-fee portion is included only once.
3.5 Scope of percentages. A 100% Service Credit means 100% of the relevant Eligible Fees, not necessarily the customer’s entire monthly invoice, deposit or prepaid contract value. No Service Credit is calculated on Non-Cash Credit.
4.1 Cap. Service Credits are capped at 100% of the Eligible Fees of the affected measurement period; for a group, this means the combined Eligible Fees of its members. Multiple incidents, claims or changes of coverage do not permit repeated credit on the same rental-fee portion. This cap is a Service Credit cap, not a cap on liability or statutory refunds under Section 9.
4.2 Nature and use. Service Credits are non-transferable Non-Cash Credits. They are recorded separately from promotional bonuses and real-money funds and applied against current or future Trooper.AI GPU-instance rental charges, including charges for replacement or other GPU instances on the same account. No new deposit or minimum purchase is required to use them against an otherwise eligible charge. They have no ordinary time-based expiry while the account remains open and are not retrospectively withdrawn under general promotional-credit rules. They are not payable in cash, subject to the specific closing settlement in Section 4.6 and statutory rights preserved here.
4.3 Real-money separation. Real-money deposits and prepaid rental fees are never converted into Service Credits. Classifying Service Credits as Non-Cash Credit does not change the legal character or refundability of real-money funds.
4.4 No recursive credits. Rental fees paid with Service Credits or other Non-Cash Credit do not generate further Service Credits. Where there is mixed funding, only the real-money portion remains eligible under Section 3.
4.5 Example. An instance’s Eligible Fees for the measurement period are EUR 160 after excluding EUR 40 of promotional funding from a EUR 200 rental charge. At 99.4% availability under the Single-Instance SLA, the credit is 10% of EUR 160, or EUR 16. This EUR 16 is Non-Cash Credit and cannot generate another SLA credit.
4.6 Account closure. Termination of one instance does not cause account-wide credit expiry. On termination of the entire business relationship and closure of the account, accrued Service Credits are first applied against outstanding or final invoices. This also applies to credits subsequently approved on the basis of a claim submitted within Section 5.2’s deadline; the final settlement is adjusted accordingly. The right to claim survives account closure until that deadline.
Any remaining Service Credit expires without cash payment where the customer voluntarily closes the account for reasons unrelated to a breach by Trooper.AI, or where Trooper.AI closes it because of a customer breach justifying termination. If the relationship ends because the customer validly exercises a special termination right under Section 7.4 or 10.2, a statutory termination right based on a breach by Trooper.AI, or because Trooper.AI ends it without a customer breach justifying termination, the otherwise unusable residual earned Service Credit is paid as part of the closing settlement. This limited exception prevents Trooper.AI from making earned credits unusable through such termination; it does not confer a general cash-redemption right.
Unspent real-money funds and prepaid real-money fees are not subject to this Service Credit expiry rule. Any refund due under this SLA is made without undue delay, normally through the original payment method or to a verified customer bank account. Trooper.AI may set off counterclaims only to the extent permitted by law.
4.7 No double compensation. A statutory fee reduction or remission owed for the same unavailability is deducted from the Service Credit calculated for that time. For this comparison, Eligible Fees are determined before that reduction so that the same reduction is not counted twice. Any refund remains payable as money where legally required and cannot be replaced with Non-Cash Credit.
Against damages or reimbursement for the same loss, only the economic value of Service Credits actually used to discharge a payment obligation, or paid out under Section 4.6, is credited. Merely posting unused credit does not reduce a monetary claim. Any later use is reconciled only to avoid compensating the same loss twice. Unrelated losses and the exceptions in Section 9 are unaffected.
4.8 SLA remedy. Service Credits are the exclusive contractual compensation specifically provided for missing the availability target. Statutory fee-reduction and termination rights, the express refund rights in this SLA and liability under Section 9 remain unaffected.
5.1 Submission. Service Credits are not automatic. Claims should be submitted through https://trooper.ai/sla-claim . Alternatively, a claim in text form may be sent through a written support channel published at https://www.trooper.ai/docs/support-contacts . Use of that alternative is valid without proof that the form failed and does not require access to the panel or an active account. A timely incident report that identifies the affected service and expressly requests SLA compensation also constitutes a claim; a duplicate form is unnecessary.
5.2 Deadline. A claim must be received within 30 calendar days after the end of the affected calendar month, measured in Europe/Berlin time. This deadline applies only to Service Credits, not to statutory damages, fee reductions or termination rights. Statutory rules on calculating deadlines remain unaffected. If a failure of all designated written claim channels within Trooper.AI’s responsibility prevents timely submission, a claim is timely if received within seven calendar days after a channel becomes available again; any longer remaining original deadline continues to apply.
5.3 Required information. Claims must allow identification of the customer, affected instance or group, approximate interruption period including the time zone, and the reported failure. A customer number or registered account email may be used for identification. Available logs or monitoring records should be included. Trooper.AI may request reasonably necessary missing details and allow at least 14 calendar days for supplementation. A timely claim that sufficiently identifies the customer, affected service and incident preserves the deadline even if supporting evidence is supplied later. The customer is not required to prove Trooper.AI’s fault to receive a Service Credit.
5.4 Review. Trooper.AI reviews claims without undue delay and aims to decide within 30 calendar days of receiving the information reasonably necessary for assessment. This is a processing target, not a guaranteed decision deadline. If review takes longer, Trooper.AI informs the customer of the reason and expected next update. A full or partial rejection states its material grounds. Approved credits and any closing adjustment are processed under Section 4. Automated acknowledgements do not constitute approval.
The following exclusions apply only to the extent and for the duration that the stated circumstance actually causes the unavailability. They do not operate as general deductions from monthly downtime. Trooper.AI identifies the applicable reason and affected period when relying on an exclusion. Ordinary failures of Trooper.AI’s hardware, suppliers or data-center operations are not automatically force majeure or external-network exclusions.
6.1 Maintenance. Necessary maintenance interruptions announced at least 48 hours in advance are excluded, subject to a combined maximum of 10 hours per instance per calendar month. Urgent maintenance necessary to avert an acute security threat may be announced with shorter notice, including at commencement if advance notice would compromise protection. The notice states the affected service and expected window and is sent to the registered contact address or made available through a panel notification.
Only actual maintenance-related unavailability within the announced window is excluded. Emergency maintenance counts toward the same cap. The cap is an absolute monthly maximum and is not prorated for a shorter booking; this does not permit unnecessary maintenance or a flat ten-hour deduction. Maintenance above the cap, or outside the announced window without meeting the emergency conditions, counts as downtime. A recovery replacement does not reset the cap. Group membership changes do not create additional maintenance allowances for a member.
6.2 Force majeure. Events beyond Trooper.AI’s reasonable control, such as natural disasters, war, terrorism, governmental orders or widespread public power or telecommunications failures, are excluded only where their effects could not reasonably have been prevented or overcome through the care and protective measures required by the contract. Fire, supplier failure, staff shortage or procurement difficulty alone does not establish this exclusion. Trooper.AI takes reasonable steps to limit the interruption.
6.3 Third-party attacks. DDoS or other third-party attacks are excluded to the extent their effects cannot reasonably be prevented or mitigated using contractually required protective measures. Necessary and proportionate defensive measures are excluded only for as long as objectively needed. This exclusion does not excuse a failure to maintain the security measures Trooper.AI owes under the contract or exclude liability under Section 9.
6.4 Customer causes. Unavailability caused by the customer or parties engaged by the customer is excluded, including misconfiguration, customer software or driver changes, workload-related resource exhaustion and interference with required operating or security components. Operating a permitted workload within the booked specifications is not, by itself, a customer-caused exclusion. External failures of the customer’s internet access or routing outside Trooper.AI’s contractual responsibility are likewise excluded.
If necessary and reasonable customer cooperation is withheld after a specific request explaining its necessity and consequences, only the resulting additional delay in diagnosis or restoration is excluded. Trooper.AI must still perform recovery steps reasonably possible without that cooperation.
6.5 Justified suspension. Periods of suspension legally and contractually justified by payment default, abuse or another customer breach are excluded. An unjustified suspension is not excluded merely because it was recorded as a suspension.
6.6 Optional experimental components. Failures caused by beta, pre-release or experimental software affirmatively chosen by the customer are excluded. This does not exclude an independent failure of the paid underlying GPU instance.
6.7 Agreed migrations. A migration requested by the customer or an expressly agreed migration interruption is excluded only within the agreed window. Consent to a migration used to remedy a fault does not retrospectively exclude the preceding fault-related downtime. Trooper.AI cannot make the customer’s entitlement to recovery conditional on waiving credits for that preceding downtime. A migration initiated solely by Trooper.AI is not automatically excluded; it must satisfy another applicable exclusion, such as Section 6.1.
6.8 No general liability exclusion. These provisions define SLA measurement only. They do not override Section 9 or the statutory rights expressly preserved in this SLA.
7.1 Status information. Platform status and incident updates may be published at https://www.trooper.ai/system-status . Updates may be manual or delayed. Absence of a status entry does not establish availability or defeat an otherwise substantiated claim.
7.2 Incident support targets. For covered availability incidents, Trooper.AI aims to provide an initial substantive response within two elapsed hours of receipt during business hours, and within eight elapsed hours of receipt outside business hours. Business hours are Monday to Friday, 09:00–18:00 Europe/Berlin time (CET/CEST), excluding public holidays in Hesse, Germany. Receipt time determines which target applies. An automated receipt acknowledgement is not a substantive response.
Trooper.AI aims to prioritize critical incidents involving unavailability of booked instances around the clock, including nights, weekends and public holidays. This is an incident-handling objective, not a guarantee of immediate human intervention, continuous personal support or restoration within a fixed period. Recovery may depend on diagnosis, data-center access, available replacement capacity, supplier delivery and necessary customer cooperation.
Missing a response or prioritization target does not by itself create an additional Service Credit or contractual penalty. This does not excuse breach of an underlying contractual obligation or restrict liability under Section 9. Infrastructure downtime continues to be measured independently of support response times.
Optional assistance with customer applications, installation, optimization or customer-caused software problems is outside these incident-response targets and is provided subject to available capacity. Unless separately agreed otherwise, its service window is Monday to Friday, 09:00–17:00 Europe/Berlin time, excluding public holidays in Hesse. It is not a managed application service.
7.3 Recovery methods. If a hardware defect affects a booked instance, Trooper.AI uses commercially reasonable efforts to restore the contracted service, at its choice through:
Migration is the preferred recovery method where suitable capacity is available. Functional equivalence is assessed against the product specifications applicable at booking, including usable VRAM, relevant GPU architecture and generation, supported features and compute capability, and essential non-GPU resources such as CPU, RAM and storage. A lower essential specification is not made equivalent solely by more VRAM or a higher marketing tier. The standard is suitability for the typical use stated in those specifications and any separately agreed requirements, not compatibility with undisclosed customer-specific dependencies.
An operational replacement with required access information ends infrastructure downtime when the booked functionality is restored. Recovery does not promise preservation of volatile memory, uninterrupted application sessions or reconstruction of customer data that cannot be recovered. Backup duties and any liability for lost data remain governed by Section 9.
A higher-tier recovery allocation is temporary unless otherwise agreed. Trooper.AI may subsequently return the customer to the booked or functionally equivalent configuration at the agreed price, with reasonable prior notice. Any resulting interruption is assessed under the ordinary measurement and exclusion rules; the temporary upgrade does not create an automatic right to exclude a later migration.
7.4 Procurement and special termination. Trooper.AI is not obliged to reserve idle replacement hardware exclusively for the customer or to procure a particular component regardless of cost or availability. Supplier delivery estimates are not guaranteed restoration deadlines. Hardware scarcity does not, by itself, suspend downtime, Service Credits or statutory rights.
If the affected instance has not been restored or replaced with conforming service by the end of ten business days following the earlier of Trooper.AI’s detection of the defect or receipt of a substantiated customer defect report, the customer may terminate that instance with immediate effect while the failure continues. For this deadline, the day of detection or report receipt is not counted; the deadline ends at 24:00 Europe/Berlin time on the tenth subsequent business day. Business days are Monday to Friday excluding public holidays in Hesse. An ineffective repair attempt does not restart the period.
Only a delay actually caused by failure to provide cooperation required under Section 6.4 extends this contractual period by the corresponding duration; statutory termination rights are unaffected. Lack of spare hardware, pending procurement or an internal ticket closure does not extend or restart it.
Unused prepaid real-money rental fees attributable to time after effective termination are refunded under Section 4.6 notwithstanding general GTC refund exclusions. Statutory claims concerning the preceding outage remain unaffected. Termination of the affected instance does not automatically terminate other instances or entitle the customer to a refund of their fees.
Trooper.AI may offer a lower-specification interim instance at an expressly agreed reduced price. Acceptance is voluntary. Unless the customer expressly accepts a permanent contract change, an interim instance neither constitutes conforming replacement nor ends the ten-business-day period. The interim agreement must identify its charges and any reduction of original charges so that the customer is not charged twice for the same substituted service.
7.5 Preserved rights. The ten-business-day period is an additional contractual termination option, not a mandatory waiting period for statutory rights. Statutory fee reductions and earlier statutory termination rights remain unaffected, as does Section 9. General GTC repair-attempt requirements do not postpone these rights. SLA compensation is subject to Section 4.7’s rule against double compensation.
8.1 Causal breaches. Service Credits are excluded only for time to which an exclusion under Section 6 actually applies. An unrelated or historical customer breach does not forfeit an otherwise valid SLA claim.
8.2 Withholding application. Where the customer is in arrears with an undisputed or finally adjudicated payment owed to Trooper.AI, Trooper.AI may withhold application of an approved Service Credit until the relevant overdue amounts are settled. The entitlement is preserved and does not expire during withholding. This does not prevent final credit application or settlement under Section 4.6 or restrict a statutory right of set-off.
8.3 Funding. Non-Cash-funded amounts do not generate Service Credits. Real-money account funds remain eligible under Section 3; depositing money into an account does not turn it into promotional credit.
9.1 Separate regimes. Service Credits compensate for failure to meet the defined availability level independently of fault. Their cap and exclusive-SLA-remedy wording do not limit liability under Sections 9.2 and 9.3, statutory fee reductions or the monetary refund rights preserved in this SLA.
9.2 Unlimited and mandatory liability. Trooper.AI is liable without limitation for intent and gross negligence, culpable injury to life, body or health, fraudulent concealment of defects, and under the German Product Liability Act or other mandatory statutory liability provisions. An expressly assumed guarantee is governed by its scope. None of the limitations below restricts these cases.
9.3 Slight negligence. For slight negligence, Trooper.AI is liable only for breach of essential contractual obligations: obligations whose fulfilment is necessary for proper performance of the contract and on whose observance the customer regularly relies and may rely (Kardinalpflichten). In such cases liability is limited to the damage foreseeable at contract conclusion and typical for this type of contract. Liability for slight negligence in other cases is excluded, subject to Section 9.2.
The foreseeable, contract-typical assessment concerns the GPU infrastructure service actually contracted and its agreed purpose; it does not automatically encompass every commercial consequence of the customer’s downstream business. This is not an absolute exclusion of lost profits or consequential loss where they fall within the protected scope of Section 9.3. No blanket euro cap is created by reference to the GTC or the Service Credit cap.
9.4 Data, backups and mitigation. The customer must maintain reasonable, regular backups outside the affected instance, take application checkpoints where appropriate and verify recoverability at intervals suitable for its use. Unless separately booked, Trooper.AI does not provide a backup, replication or data-restoration service.
For recoverable data loss caused by slight negligence, the reasonable restoration effort that would have been required with appropriate backups is relevant to the damage assessment. Any reduction for missing or inadequate backups, failure to mitigate or failure to notify Trooper.AI of a foreseeable unusually high loss is determined under Section 254 BGB, taking account of causation, reasonableness and the parties’ respective contributions. Missing backups do not automatically eliminate all liability. Sections 9.2 and 9.3 remain unaffected.
The customer is responsible for its application-level continuity arrangements, including suitable redundancy for workloads requiring higher continuity than the booked service level. Trooper.AI does not assume responsibility for customer promises to downstream users merely because the customer uses its infrastructure. Any recoverable downstream losses remain subject to the ordinary rules of causation, foreseeability and Sections 9.2 and 9.3.
9.5 Initial defects. Where rental law applies, strict liability for damages arising from defects already present when the contract was concluded under the first alternative of Section 536a(1) BGB is excluded. Liability based on fault, Section 9.2, the duty to provide and restore the contracted service, fee-reduction rights and termination rights are unaffected.
9.6 Protected persons and GTC. These liability provisions also apply to claims against Trooper.AI’s legal representatives, employees and vicarious agents, including the exceptions in Section 9.2. For matters covered by this SLA, this Section governs liability in place of inconsistent GTC provisions. It does not impose a new limitation on claims concerning unrelated products outside this SLA.
10.1 Limited amendment right. Trooper.AI may amend this SLA for existing contracts only where necessary to comply with a change in applicable law or a binding regulatory or judicial requirement, to address a newly identified material security risk, or to reflect a technical or administrative change that does not materially reduce the agreed service or the customer’s rights. Every amendment must be necessary and proportionate to the stated reason and must preserve the essential contractual balance.
This right does not permit a general reduction in availability targets, credit percentages, Eligible Fees, liability protection or essential termination and refund rights for economic reasons. Such changes require agreement with the customer or may be offered for a genuinely new contract. Silence, continued use or automatic renewal alone does not constitute consent to a change requiring agreement. Accrued claims and periods before an amendment takes effect remain governed by the prior terms.
10.2 Notice and termination. Permitted amendments are notified in text form at least 30 calendar days before taking effect, identifying the reason, the changed provisions, the effective date and any termination right. A shorter notice period is permitted only to the extent required by law or objectively necessary to address an urgent material security risk. It does not expand the permitted subject matter of the amendment.
If a permitted amendment nevertheless materially disadvantages the customer, the customer may terminate the affected instances without an early-termination charge by notice received within 30 calendar days after receipt of the amendment notice. Where the amendment is not yet effective, termination takes effect when the amendment takes effect; where it is already effective because of a shortened notice period, termination takes effect upon receipt of the customer’s termination notice. The notice of amendment must clearly explain this right and deadline; otherwise the contractual exercise period does not begin. Statutory rights remain unaffected.
Unused prepaid real-money fees attributable to time after termination are refunded under Section 4.6, notwithstanding general GTC refund exclusions.
10.3 Notices. Termination notices and other declarations permitted under this SLA may be made in text form, including email through the published support contact. A functioning panel termination facility may also be used. No stricter general GTC form requirement applies to these declarations. The customer must keep its registered contact information current. A public status-page entry alone is not an amendment notice under Section 10.2.
10.4 Governing law and jurisdiction. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Where the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the courts at Media Trooper GmbH’s registered seat have exclusive jurisdiction to the extent a jurisdiction agreement is permissible under the applicable national and international rules. Mandatory jurisdiction rules remain unaffected. Being an entrepreneur under Section 14 BGB does not, by itself, establish merchant status.
10.5 Severability. If a provision is invalid or does not become part of the contract, the statutory consequences, including Section 306 BGB, apply. There is no automatic substitution of a clause intended to approximate the invalid provision’s economic effect.