Outage Adjustments Policy

1. How this policy applies

This policy forms part of the Terms of Service for d2o, operated by Westshore Labs. It applies prospectively from its effective date to paid services governed by those terms. An individually agreed written service agreement controls where it expressly conflicts with this policy, subject to applicable law.

No minimum uptime percentage is promised unless expressly agreed in writing. That does not remove our obligation to provide the adjustments described here. Complimentary services and usage covered entirely by unpaid promotional credit receive no monetary adjustment. Purchased or prepaid service credit is treated as payment, not as a promotion.

2. Qualifying outages

A qualifying outage occurs when a paid resource or billable instance cannot perform its principal documented function because of a failure in d2o’s platform or infrastructure, including infrastructure providers we select. This includes maintenance that makes the resource unavailable.

Examples include an app instance unable to serve traffic, a worker unable to execute, or a database or storage resource unable to perform its normal operations because of a platform failure. A failure of a d2o-managed dependency also qualifies for a dependent paid resource if it prevents that resource from performing its principal function. Healthy resources and instances are not included merely because another resource is affected.

We determine affected resources and outage start and end times using monitoring, incident records, and reasonable customer evidence. There is no minimum outage duration. Slow responses alone do not qualify unless they prevent the resource from performing its principal documented function.

3. What is excluded

The policy does not cover unavailability caused by:

• Your application code, configuration, or actions, including customer-requested shutdowns and deployment interruptions caused by your release or selected configuration.
• Reaching correctly enforced, disclosed resource or transfer limits.
• A valid account or resource suspension under the Terms of Service.
• An external service you independently select, or your equipment or connectivity outside d2o’s infrastructure and that of our selected infrastructure providers.

A dashboard, CLI, or management API problem does not qualify while the hosted resources remain usable for their principal functions. These exclusions apply only to the time and resources affected by the excluded cause. A failure of a provider we select is not excluded merely because a third party operates it.

4. Calculating the adjustment

The adjustment equals the charges attributable to the affected resources and unavailable time, using the agreed rates, quantities, and discounts in effect during that period. Time-based charges use the applicable rate multiplied by the affected quantity and unavailable time. A fixed billing-period charge is prorated over the actual length of that billing period. Charges based on requests or other usage are adjusted only to the extent charged for the qualifying failure; usage that was never incurred is not assigned a hypothetical value.

Only affected service charges are adjusted. For example, at an illustrative rate of $12 per 30 days of continuous runtime, one day of qualifying downtime produces a $0.40 adjustment. An unaffected database continues to be charged. This example is not a published price offer.

Monthly minimums do not cancel an outage adjustment. We calculate the minimum charge first and deduct the adjustment afterward. During any period when every paid resource in an organization is unavailable because of a qualifying outage, the adjustment for that period is the greater of the resource-time amount or the applicable prorated minimum charge, not both. The minimum is prorated over its actual billing period.

We do not return the same charge twice. If charges were already omitted, waived, credited, or refunded for the same failure, we count the resulting reduction in the bill toward the adjustment. An omitted usage charge absorbed by a minimum charge is not a reduction in the bill. Total adjustments cannot exceed the corresponding charges, including any applicable minimum-charge adjustment.

We calculate in the invoice currency, aggregate adjustments for the billing period before rounding to the nearest minor currency unit, and make corresponding tax corrections where applicable. There is no minimum claim amount.

5. Credits and refunds

We automatically apply confirmed adjustments for outages we identify, without requiring a customer claim. We apply them by the next invoice after confirmation. If there will be no further invoice, we record and communicate the adjustment within one normal billing cycle after confirmation.

An adjustment first reduces the corresponding unpaid charges. For charges already paid, we issue an account credit that does not expire. You may request a refund of any unused outage credit representing charges you previously paid, including after account closure. A credit already used to reduce a bill cannot also be refunded.

We initiate requested refunds within 10 business days after receiving the request. Refunds go to the original payment method where possible, or another method agreed with the original payer if that method is unavailable. Bank or payment-provider processing may take additional time. Business days are Monday through Friday, excluding statutory holidays in British Columbia.

Send requests to support@d2o.io. We may verify your authority to request a refund. Do not send payment card numbers, passwords, or tokens by email. A change of organization owner does not change the original payer or create a second refund entitlement.

6. Reporting a missed outage

If an outage or adjustment appears to be missing, contact support@d2o.io within 60 days after the relevant invoice was issued. Include the organization, affected resources, approximate dates and times with the time zone, and any useful evidence. If no invoice was issued, report the issue within 60 days after the affected billing period ended.

We assess reports in good faith using our records and reasonable customer evidence and explain the outcome and calculation. You do not need to provide logs for an outage already established by our records. Remove secrets and unrelated personal information from evidence you send. This reporting period does not shorten any right or remedy that cannot lawfully be limited, and it does not set an expiry date for an already-issued outage credit.

7. Your rights and policy changes

Adjustments return affected service charges; they are not compensation for lost revenue or other business losses. The Terms’ liability provisions address those losses. Those provisions do not reduce adjustments owed under this policy, and this policy does not exclude liability for fraud or wilful misconduct or restrict non-waivable rights and remedies.

We identify the policy’s effective date and give reasonable advance notice of material changes as described in the Terms, obtaining consent where required. Changes apply prospectively and do not remove accrued adjustment or refund rights.