Recovea — Availability & SLA Statement (No Contractual Uptime SLA)

Last updated: 2026-07-25

Entity: Recovea, Inc., a Delaware corporation. · Version: v6 (2026-07-25)

> What this is. This Availability & SLA Statement (this "Statement") states, plainly and in one place, that Recovea offers NO contractual uptime SLA; it describes the fail-open architecture and the one-line base_url re-point that serve as the real reliability mechanism in place of an SLA; and it explains how incidents, maintenance, and support are handled — all on a basis of reasonable efforts, without any availability, performance, or effort commitment of any kind. It is written to be honest about what a Customer actually gets today and to prevent any implied availability warranty. It does not create, and must not be read to create, an uptime commitment, a service-level agreement, a redundancy or failover guarantee, a disaster-recovery objective, a service-credit regime, or any other availability promise. > > The truth rule. This Statement describes the Service as it actually exists today. Capabilities that are not yet live — including multi-AZ / multi-region redundancy, automated failover, tested disaster recovery, automated (probe-driven) status monitoring, customer-facing service credits, customer-managed-key / envelope-encryption options, SSO / SAML / SCIM, SOC 2 or ISO 27001 attestation, region pinning beyond the single region, and any contractual uptime SLA — are not promised here. The absence of an uptime number is intentional and honest. Any description of a capability that is not live is descriptive only and creates no commitment, date, or entitlement.

1. Scope, Purpose, and Relationship to Other Documents

1.1 Who this covers. This Statement applies to all Customers of the Recovea Service — founding design partners on early-access terms and self-serve subscribers on the Free (observe-only, in-path) and paid (in-path) plans, in each case at the then-current published pricing for the applicable plan. The Service is offered to businesses only; it is not intended for, and may not be used for, personal, family, or household purposes, and Authorized Users must be 18 or older.

1.2 What this covers. This Statement describes (a) the availability posture — no contractual SLA, reasonable efforts only; (b) the fail-open architecture and the base_url re-point that stand in place of an SLA; and (c) how incidents, maintenance, and reasonable-efforts support are handled.

1.3 What this is NOT. This Statement is not a service-level agreement ("SLA"). It does not state, imply, or warrant any uptime percentage, availability level, maximum-downtime figure, response-time guarantee, resolution-time guarantee, redundancy, automated failover, disaster-recovery objective (RTO / RPO), or backup-restore guarantee. Every figure expressed as a "target" or "aim" is an aspiration, not a contractual commitment (§§3, 7, 11).

1.4 Definitions. Capitalized terms not defined here have the meaning given in the Agreement (defined in §1.6). The following are used consistently with the rest of the Recovea legal pack:

• "Service" — Recovea's neutral, multi-Provider, BYO-Key, OpenAI-compatible AI-spend gateway (api.recovea.ai), together with the Meter (spend telemetry), the Levers, the Ledger, the dashboard / control surface, and related functions, features, and capabilities Recovea makes available from time to time (collectively, the "Services"). The Services may include optimization, additional features and capabilities Recovea may offer. Any such capability is governed by the terms in effect when Recovea makes it available and is not active or licensed under this Statement unless Recovea expressly states otherwise.
• "Customer" — the business entity that subscribes to or otherwise accesses the Service under the Agreement.
• "Authorized User" — an individual the Customer permits to use the Service under the Customer's account.
• "Provider" — a third-party LLM / inference provider (e.g., OpenAI, Anthropic, OpenRouter) with which the Customer holds and pays for its own account, reached under the Customer's own account at the Customer's direction. Providers are the Customer's recipients / processors and independent controllers — not Recovea sub-processors (see the DPA and the BYO-Key Addendum).
• "Provider Keys" — the Customer's credentials to its own Provider account(s), supplied to Recovea so Recovea can sign upstream calls on the Customer's behalf. BYO-Key ("Bring Your Own Key"): the Customer brings, owns, and pays the Providers directly; Recovea never resells, marks up, sponsors, funds, or takes custody of Provider tokens or Provider spend, and is not a party to the Customer's contract with any Provider.
• "in-path" — proxied through the Service on the live request path. Both the Free plan and the paid plans are in-path; the Free plan is in-path observe-only (metered, metadata-only, with no Levers or spend-control enforcement), while the paid plans add the control surface and, where enabled on the plan, the Levers.
• "Inference Content" — the request and response content proxied in-path (persisted on no plan by default; see the Retention Policy).
• "Usage Data" — the cost-and-usage metadata Recovea records per request (model, token counts, finish reason, timestamps, computed cost).
• "Customer Personal Data" — personal data (as defined under applicable US data-protection law) that Recovea Processes on the Customer's behalf in providing the Service. Where Recovea Processes Customer Personal Data, the DPA is automatically incorporated into and forms part of the Agreement.
• "the Ledger" — Recovea's append-only, hash-chained, offline re-derivable cost-metadata record; the basis for any invoice.
• "Levers" — the optimizations applied in-path where enabled on the plan. The only Levers offered today are exact-cache (byte-identical) and dedup / single-flight; no Lever rewrites the model on the serve path. Recovea reserves the right to introduce additional Levers. Cached responses are byte-identical and are never synthesized by Recovea.
• "measured / applied savings" — cost reductions attributable to the in-path Levers, labeled "measured" or "applied"; these are estimates, are never described as "verified," and are not guaranteed.
• "Baseline Passthrough" — the Customer's traffic flowing to the Customer's own Provider, on the Customer's own Provider Keys, without any Recovea-added layer (cache, dedup, metering, budget caps).
• "Fail-Open" — has the meaning in §6.
• "Fees" / "Order Form" / "Subscription" / "Agreement" / "AUP" / "DPA" / "BYO-Key Addendum" — have the meanings given in the Agreement and the referenced policies.

1.5 Referenced documents. This Statement is intended to read consistently with, and is to be construed together with, the Terms of Service, the Master Subscription Agreement (where executed), the Beta / Early-Access / Design-Partner Agreement (where applicable), the Data Processing Agreement, the BYO-Key & Provider Terms Addendum, the Security Statement, the AI-Output & No-Guarantee Disclaimer, the Refund & Cancellation Policy, the Acceptable Use Policy, the Subprocessors list, and the Privacy Policy.

1.6 Incorporation and order of precedence. This Statement is incorporated by reference into, and forms part of, the agreement under which the Customer accesses the Service — the Terms of Service or, where executed, a Master Subscription Agreement and any associated Order Form (collectively, the "Agreement"). In the event of conflict, the order of precedence is: a signed Order Form (where it so states) > the MSA > the DPA (for Processing of Customer Personal Data) > the BYO-Key Addendum (for Provider Key handling, Provider Terms, Provider Charges, and runaway-spend allocation) > incorporated policies including this Statement > the Terms of Service body. As between this Statement and the Agreement on the existence or scope of any availability commitment, the Agreement controls and the reading that imposes no commitment prevails. This Statement controls over Recovea's general marketing, help-center, or documentation copy.

1.7 Enterprise / higher-assurance is separate. Any contractual uptime SLA, service credits, SOC 2 reporting, SSO / SAML / SCIM, single-tenant or region-specific deployment, and similar assurances are not part of the Free or paid plan and not part of the founding design-partner program. Where offered at all, such terms exist only under a separately negotiated agreement attached via an Order Form (§10), and are not live today.

2. The Single Most Important Statement: NO Contractual SLA

2.1 NO uptime SLA. NO availability commitment. NO service-level guarantee — for all current plans. Recovea provides the Service using reasonable efforts, without any availability, performance, or effort commitment of any kind. There is no uptime SLA, no availability commitment, no availability percentage, and no service-level guarantee of any kind for the Free or paid plan or for the founding design-partner program.

2.2 No availability percentage is stated — because none has been committed. Recovea does not publish or promise any availability percentage (e.g., "99.x%"), any maximum-downtime figure, or any uptime target. Recovea has not committed to a steady-state availability figure and will not assert one until it is actually measured, substantiated, and contractually offered. The absence of a number is intentional and honest; it must not be read as an implied or industry-standard level of availability.

2.3 No redundancy or failover guarantee. Recovea makes no guarantee of redundancy, high availability (HA), automated failover, geographic distribution, mid-stream failover, or continuity. The honest current architecture is described in §5; the real reliability mechanism is described in §6.

2.4 The Service may be unavailable. The Service may be unavailable, delayed, degraded, suspended, or interrupted at any time — including for maintenance, incidents, capacity, dependency failures (including the Customer's chosen Provider, AWS, or another sub-processor), or causes outside Recovea's reasonable control — without liability beyond what the Agreement provides. The Customer's protection against unavailability is the fail-open design and the one-line re-point (§6), not an availability promise.

2.5 AS IS / AS AVAILABLE (reinforced, never narrowed). TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY OF AVAILABILITY, UPTIME, CONTINUITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. This §2.5 reinforces — and does not expand, narrow, or supersede — the warranty disclaimer in the Agreement.

3. Reasonable-Efforts Support — Targets, Not Commitments

3.1 Primary channel: email. Self-serve support is provided by email to support@recovea.ai. Founding design partners additionally have a direct line to the founder — a staffing characteristic, not a response-time SLA.

3.2 First-response targets (aspirational, by plan). Recovea aims for the following first-response targets, measured from receipt of a complete request at the address in §3.1, during Recovea's normal business hours. A "business day" means a weekday excluding US federal holidays; business hours are referenced to US Eastern time (the operator region is us-east-1, N. Virginia).

3.3 "First response," not resolution. A response target measures Recovea's aim for an initial human reply, not diagnosis, workaround, fix, or resolution. Recovea offers no resolution-time target or commitment of any kind.

3.4 Targets are not contractual. The figures in §3.2 are internal goals stated for transparency. They are not service levels, are not guaranteed, and carry no entitlement to credits, refunds, remedies, or damages if missed. Missing a target is not a breach. Recovea may change, suspend, or withdraw any support target, channel, hours, or scope at any time in its discretion.

3.5 Out of scope. Support does not include: the Customer's own code, application, infrastructure, prompts, or network; the behavior, output quality, pricing, rate limits, or availability of the Customer's chosen Provider(s); the Customer's Provider account, billing, or Provider-terms compliance (see the BYO-Key Addendum); bespoke integration or professional-services work; or matters Recovea reasonably determines are abusive (see the AUP).

3.6 Customer cooperation. Response targets are contingent on the Customer providing the information reasonably needed to investigate (affected account, timestamps, request identifiers, expected vs. observed behavior) and on the request reaching the supported channel in §3.1.

4. Service Availability — No SLA, Reasonable Efforts (Restated for Emphasis)

4.1 As stated in §2: the Service is provided using reasonable efforts, without any availability, performance, or effort commitment of any kind, with no contractual uptime SLA, no availability commitment, no availability percentage, and no service-level guarantee. This §4 exists so the no-SLA posture is unmissable and not buried.

4.2 No service-credit regime. There is no service-credit mechanism, because no contractual availability commitment exists to support one, and none will be introduced by implication.

4.3 Refunds are governed elsewhere. Nothing in this Statement creates a refund right. Cancellation and any refund eligibility are governed solely by the Refund & Cancellation Policy and the Agreement; unavailability does not, by itself, create a refund entitlement beyond what that Policy provides.

5. The Honest Architecture Today (No HA)

5.1 Single region, United States. The Service today runs in a single region — AWS us-east-1 (N. Virginia), United States. There is no multi-region deployment, no multi-availability-zone (multi-AZ) redundancy, and no automated failover today. The Service does not reference, and this Statement does not represent, any EU or other non-US region as a region of processing.

5.2 No high availability. There is no HA and no automated failover today. A failure of the Recovea-operated deployment can make the Recovea layer unavailable until restored. The reliability story for that scenario is the fail-open / re-point mechanism in §6 — the Customer's traffic falls back to the Customer's own Provider — not an internal redundancy guarantee.

5.3 No recovery commitment. Recovea makes no disaster-recovery commitment, no recovery-time objective (RTO), and no recovery-point objective (RPO), and does not represent that data can be restored within any particular time, or without loss, in a failure scenario. Backup and restore capabilities continue to evolve; operational detail is addressed in the Security Statement.

5.4 Encryption posture (for CISO reliance). At rest, Inference Content and Provider Keys are encrypted with AES-256-GCM, with the tenant UUID bound as additional authenticated data; Provider Keys are decrypted in memory only to sign upstream calls and are never returned. Key-management and envelope-encryption approaches continue to evolve; Recovea makes no representation that any particular key-management feature (such as customer-managed keys) is available, and no surface should imply otherwise.

5.5 Dependencies. The Service depends on third parties whose own availability Recovea does not control — notably AWS (hosting / compute / storage, us-east-1), Stripe (payments), and the Provider(s) the Customer routes to. A degradation or outage in any of these can degrade or interrupt the Service. The current Recovea sub-processors are listed in the Subprocessors document. Provider availability is the Customer's and the Provider's responsibility, not Recovea's (§9.1).

5.6 Capabilities not yet live are not a commitment. Capabilities such as multi-AZ / multi-region redundancy, automated failover, tested disaster recovery, automated (probe-driven) status monitoring, customer-managed-key options, SSO / SAML / SCIM, region pinning beyond the single region, and SOC 2 / ISO 27001 attestation are not live today. Any mention of them is descriptive of intent only and creates no commitment, date, or entitlement. Internal infrastructure-as-code or planning material must not be cited as evidence of any live HA / DR / encryption / certification posture.

6. The Real Reliability Mechanism — Fail-Open + the base_url Re-point

> The Service's reliability story is not an SLA; it is an architectural design objective: a problem in any Recovea-added layer (cache, dedup, metering, budget caps) is designed to degrade to Baseline Passthrough — the Customer's own Provider, on the Customer's own Provider Keys — rather than fail the request with a Recovea-originated error. This section describes that design honestly, as an objective, not as an absolute guarantee.

6.1 Fail-Open design objective. Any Recovea-added layer is designed to fail open to Baseline Passthrough. The intent is that a degradation or failure in a Recovea-added optimization (including a Lever) does not produce a Recovea-originated 5xx; instead the request proceeds against the Customer's Provider as if Recovea's optimization layer were not present.

6.2 Before first token — clean fallback. If a problem is detected before the first token of a response is returned, the design objective is a clean fallback to the Customer's Provider: the request is served by the Provider directly, without a Recovea-originated failure.

6.3 Mid-stream — clean error, never a silent splice. If a problem occurs mid-stream (after streaming has begun), the design objective is to surface a clean, honest error to the Customer's client. Recovea will not silently substitute, splice, fabricate, or stitch in alternate content to mask a failure, and Recovea does not claim mid-stream failover. A mid-stream failure is surfaced as an error, not disguised as a successful completion. (Output accuracy and quality are separately disclaimed in the AI-Output & No-Guarantee Disclaimer.)

6.4 Full outage — the one-line base_url re-point. In a full outage of the Recovea-operated layer, the Customer's recovery path is a single, reversible configuration change: the Customer reverts its application's base_url from Recovea (api.recovea.ai) back to its Provider's endpoint. This restores Baseline Passthrough on the Customer's own Provider Keys, is reversible when the Service is restored, and does not depend on Recovea's availability to execute. The Customer holds its own Provider Keys and can route directly to its Provider independently of Recovea. This re-point is the protection that stands in place of an SLA and a material limit on Recovea's operational liability. It is a reversible exit, not an availability warranty, and Recovea does not warrant that it will be instantaneous or lossless in every case.

6.5 Customer responsibility for the re-point. The one-line re-point is a mechanism the Customer can execute at any time. Recovea does not guarantee to perform it for the Customer, to detect every outage, or to notify the Customer before the Customer would notice. Customers — especially those running production traffic — are responsible for their own monitoring and for deciding when to re-point. Recovea recommends that production Customers be able to operate against their Provider directly.

6.6 Budget caps and the Breaker. The Service's budget caps, alerts (e.g., 50% / 80% / 95% thresholds), and kill-switch (the "Breaker") are a deliberate hard-stop design objective — they are designed to stop or alert on spend at a configured threshold. They are framed identically to fail-open: a design objective, not a warranty. Recovea does not warrant that a cap will stop every charge in every circumstance, and is not responsible for Provider charges the Customer incurs (the Customer pays its Providers directly). The Customer remains responsible for its own spend controls at its Provider and in its application.

6.7 Design objective, not a warranty. Fail-Open, before-first-token fallback, mid-stream clean-error behavior, the one-line re-point, and the budget caps are design objectives Recovea engineers toward and a reversible exit Recovea makes available. They are not warranties and not guarantees. Recovea does not warrant that every failure mode will fail open, that no request will ever be affected (in latency, error, or content), or that the fallback / re-point / cap will be instantaneous, complete, or lossless in every case. The Customer acknowledges and agrees that failing OPEN to Baseline Passthrough — rather than failing closed or blocking traffic — is a deliberate architectural choice made so that Recovea does not become a single point of failure between the Customer and its own Provider, and is a bargained allocation of risk the Customer accepts. The Customer has no claim, in contract, tort, implied covenant of good faith, or otherwise, arising from Recovea's decision to fail open, from the absence of savings during any fail-open or Baseline Passthrough window, or from the design of the fail-open path, except to the extent liability may not lawfully be excluded.

6.8 No claim for the optimization differential. The Levers apply only while the Recovea optimization layer is actually serving a given request. During any window in which the Service is unavailable, degraded, in Baseline Passthrough, failing open, under maintenance, or in which a Lever does not fire (including cache misses, non-cacheable traffic, latency, in-flight requests, retries, or partially-metered windows), no Recovea-added optimization applies to the affected traffic and no measured savings accrue for it. This is a designed and expected outcome of the fail-open architecture, not a defect, breach, or missed target. The Customer's traffic in any such window flows to the Customer's own Provider on the Customer's own Provider Keys at the Provider's standard price, and the resulting Provider Charges are the Customer's own (BYO-Key Addendum §4). Accordingly, the difference between (a) what the Customer paid or would have paid its Provider for such traffic unoptimized (Baseline Passthrough) and (b) what the Customer might hypothetically have paid had a Lever fired or had the Service been optimizing is a foregone and unrealized benefit, is not a loss caused by Recovea, and is not a recoverable measure of damages of any kind — whether characterized as direct, general, incidental, special, consequential, expectation, benefit-of-the-bargain, or otherwise — and no such amount is owed, credited, refunded, or set off. The Customer's sole protection during any such window is the fail-open design and the one-line base_url re-point (§6.4), not a savings warranty or a price guarantee. This is consistent with the honesty bar that savings are measured, never guaranteed (ToS §3.4, §11.3).

6.9 Discontinuation wind-down. If Recovea discontinues the Service or begins a material wind-down, Recovea will provide at least thirty (30) days' prior notice where circumstances permit and will maintain the Agreement's data-export functionality (including Ledger export) through the notice period, consistent with ToS §16.5 / MSA §17.7. No Fees accrue for any period after the Service is discontinued or has been continuously unavailable for more than thirty (30) days (Refund Policy §6.5). This is a conduct commitment, not an availability or continuity warranty, and is subject to the Agreement's limitation of liability; the Customer's continuity protection remains the one-line base_url re-point (§6.4), which the Customer can execute at any time without Recovea's involvement or consent.

7. How Incidents and Maintenance Are Handled (Reasonable Efforts)

7.1 Reasonable-efforts incident communication. During an incident affecting the Service, Recovea aims to communicate status using reasonable efforts (e.g., email to the account contact and, for founding design partners, direct founder contact). Recovea does not commit to a notification time, a status-page uptime, a post-incident report, or any particular communication cadence. Recovea publishes a public status page at status.recovea.ai, which is maintained by a person and does not automatically probe the Service: it reports what someone last wrote there and shows the date it was last reviewed, so it may be out of date during an incident. That page is not an uptime monitor and creates no availability, accuracy, update-frequency, or notification commitment, and it is not a substitute for the Customer's own monitoring (§6.5). Automated, probe-driven status monitoring is not live, and no surface may describe the status page as automated monitoring until it is.

7.2 Incident-handling practice (operational, not an SLA). Recovea aims, using reasonable efforts, to: (a) detect and triage the incident; (b) contain and remediate; (c) prefer fail-open / Baseline Passthrough so the Customer's traffic keeps flowing where possible (§6); (d) preserve relevant append-only Ledger records (see the Security Statement); (e) communicate to affected Customers as appropriate; and (f) advise Customers to execute the base_url re-point (§6.4) if the Recovea layer is materially impaired. This is an operational description, not an SLA, and creates no timing or outcome commitment.

7.3 Reasonable-efforts maintenance notice. Recovea aims to give advance notice of planned maintenance it expects to be materially disruptive, using a reasonable method (email and/or an in-product note). This is a reasonable-efforts practice, not a commitment. Recovea may perform emergency or unscheduled maintenance (e.g., for security or stability) without advance notice. No fixed maintenance window is reserved, and the absence of stated windows does not imply continuous availability outside them.

7.4 Security-incident / breach notice is governed elsewhere. Notification of a personal-data breach or security incident is governed by the DPA, the Privacy Policy, the Security Statement, and applicable law — NOT by this Statement. Recovea's breach-notification standard is "without undue delay." This Statement's communication practices are operational and reasonable-efforts only and do not alter any legally required breach-notification obligation or state any timeline inconsistent with those documents.

8. Beta / Early-Access Features — Availability & Support Exclusion

8.1 Early-access status. Features labeled (or reasonably understood to be) Beta, Preview, Early Access, or experimental are provided for evaluation and may be changed, limited, or discontinued at any time without notice and without liability.

8.2 Excluded from any availability posture. Beta / early-access features are excluded from the support targets in §3 and from any availability posture in §§2, 4, 6. Recovea may, at its discretion, assist with Beta features, but does so with no response target and no commitment. No availability, reliability, fail-open, data-retention, or correctness assurance applies to Beta features.

8.3 Use at Customer's risk. Beta features may be unstable, may produce unexpected results, and may not have the data-handling characteristics of generally available features. The Customer uses Beta features at its own risk and should not rely on them for production-critical workloads.

9. Customer Responsibilities

9.1 BYO-Key and the Provider relationship. The Service is BYO-Key: the Customer supplies its own Provider Keys, maintains its own Provider account(s), pays its Providers directly, and is responsible for compliance with each Provider's terms for all routed traffic (see the BYO-Key Addendum). Recovea is a neutral conduit that proxies the Customer's in-path traffic on the Customer's own Provider Keys; Recovea never resells, marks up, sponsors, funds, or takes custody of Provider tokens or Provider spend, and is not a party to the Customer's contract with any Provider. Provider availability, pricing, rate limits, model behavior, and output are the Customer's and the Provider's responsibility — not Recovea's.

9.2 Spend controls. The Customer is responsible for its own spend caps, budgets, alerts, and rate controls at its Provider and in its application. Recovea's in-product budget caps and alerts are designed to stop or alert on spend (§6.6) but are not a guarantee against Provider overspend, and Recovea is not responsible for Provider charges the Customer incurs.

9.3 Continuity is the Customer's call. Because there is no SLA, Customers who require continuity (especially for production traffic) are responsible for their own monitoring, alerting, and failover decisions, including executing the one-line base_url re-point (§6.4) when they determine it is appropriate.

9.4 Keep contact details current. Reasonable-efforts maintenance and incident communication (§7) depend on a current, monitored account-contact email. The Customer is responsible for keeping its contact details current and for monitoring the channels Recovea uses.

9.5 No training on Service outputs or the Ledger. The Customer and its Authorized Users may not use the Service outputs, the Ledger, or related Recovea-generated records to train, fine-tune, or develop any model or competing service, except as the Agreement and the AUP expressly permit.

10. Billing Context and Higher Assurance

10.1 Subscription. Billing is a flat Subscription at the then-current published pricing for the applicable plan (Free, observe-only and in-path (metered, metadata-only, with no Levers or spend-control enforcement); or the paid in-path plans, the in-path gateway with the full control surface and the cache / dedup Levers where enabled on the plan). Pricing and proration are as published or as stated in the applicable Order Form; this Statement states no price. Auto-renewal terms, cancellation, and any refund eligibility are governed by the Refund & Cancellation Policy and the Agreement, consistent with applicable federal and state automatic-renewal / negative-option laws (including ROSCA, 15 U.S.C. §8401 et seq., and applicable state automatic-renewal laws such as Cal. Bus. & Prof. Code §17600 et seq.), with clear renewal disclosure, easy online self-cancellation, and a pre-renewal reminder for annual terms.

10.2 No availability charge or credit. Nothing in the Subscription is contingent on, or entitles the Customer to a credit for, any level of availability. Availability or unavailability of the Service does not create, accelerate, or alter any Fee, credit, or share. (§4.2.)

10.3 Higher assurance lives in an Order Form (enterprise). A contractual uptime SLA, service credits, SOC 2 reporting, SSO / SAML / SCIM, high availability / automated failover, tested disaster recovery, region-specific or single-tenant deployment, and similar enterprise assurances are not part of Free, the paid plans, or the founding design-partner program, and are not live today. Where offered at all, such assurances would be available only under a separately negotiated agreement attached and made binding through an Order Form, subject to readiness and additional Fees. Any uptime commitment, availability percentage, or service-credit schedule would live in that Order Form, not in this Statement. Customers who require these assurances may contact legal@recovea.ai (or the sales contact published at recovea.ai); Recovea will describe honestly what is available and what is not yet built.

10.4 Outcome- or verification-based pricing. Any future outcome- or verification-based pricing is OFF at launch, is not live, bills nothing today, and would be introduced only via a separate Order-Form schedule with renewed Customer consent. Recovea may offer subscription, usage-based, and savings-/outcome-based pricing models; any savings-based model applies only on the Customer's separate, affirmative election. Measured / applied savings (cache and dedup) are estimates and are never described as "verified"; any verification or attestation capability, if and when Recovea makes it available, is governed by the terms in effect at that time and is not active or licensed under this Statement.

11. General Legal Terms

11.1 Limitation of liability (incorporated from the Agreement; stated identically pack-wide).

(a) Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, INCREASED OR ADDITIONAL PROVIDER CHARGES, ANY LOST, FOREGONE, UNREALIZED, UNACHIEVED, OR EXPECTED SAVINGS, COST REDUCTIONS, OR EFFICIENCY GAINS (INCLUDING ANY SAVINGS A CUSTOMER CONTENDS IT WOULD HAVE ACHIEVED HAD THE SERVICE BEEN AVAILABLE, AND ANY SAVINGS FOREGONE BECAUSE TRAFFIC PASSED THROUGH TO A PROVIDER UNOPTIMIZED WHILE THE SERVICE FAILED OPEN, WAS IN BASELINE PASSTHROUGH, OR WAS DEGRADED), OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR ITS AVAILABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CHARACTERIZED AND WHETHER DIRECT OR INDIRECT.

(b) General cap. Except for the carve-outs in §11.2, each party's total aggregate liability arising out of or relating to the Service is capped at the greater of (a) the total Fees paid by the Customer to Recovea in the twelve (12) months before the event giving rise to the liability and (b) US $25,000.

(c) Enhanced (super) cap. For breach of confidentiality obligations and breach of data-protection / security obligations, each party's aggregate liability is capped at two (2) times the General Cap in §11.1(b). This super-cap is symmetric and applies identically to both parties.

(d) Basis of the bargain. The exclusions and limitations in this §11.1 are a fundamental basis of the bargain between the parties, are reasonable in light of the Fees, and apply even if a limited remedy fails of its essential purpose.

This §11.1 is stated identically to and operates together with the Agreement, the DPA, the Security Statement, and the BYO-Key Addendum; this Statement does not independently create, expand, or narrow them.

11.2 Uncapped exclusions. The caps in §11.1 do not apply to: a party's indemnification obligations; the Customer's payment obligations; the Customer's breach of the license, Acceptable Use, or IP-ownership terms; or a party's fraud or willful misconduct, in each case to the extent such liability may not be limited under applicable law. A party's liability for gross negligence remains subject to the caps in §11.1 to the fullest extent permitted by applicable law; where, and only to the extent, applicable law does not permit liability for gross negligence to be so limited, such liability is limited to the maximum extent that law permits.

11.3 Indemnification. Indemnification is governed by the Agreement and is not modified by this Statement. Recovea defends the Customer against third-party claims that the Service as provided infringes a US patent, copyright, or trade secret, excluding claims arising from Provider outputs or models, Customer Content / Data / Keys, combinations or modifications not made by Recovea, or use outside the Documentation or in breach of the Agreement; Recovea's sole remedy options are to procure the right, modify, replace, or terminate and refund prepaid, unused Fees, subject to the General Cap. The Customer indemnifies Recovea for Customer Content / Data, BYO-Key and Provider use, and use in violation of the AUP or law. The Customer's BYO-Key posture means the Customer is responsible for its use of, and charges from, its own Provider accounts and for the content it routes.

11.4 No remedies for missed targets or unavailability. Failure to meet any target, practice, or aim, and any unavailability, degradation, maintenance, or incident, gives rise to no service credit, refund (except as the Refund & Cancellation Policy provides), set-off, termination right beyond the ordinary cancellation mechanic, or damages, and is not a breach. The Customer's remedies are limited to those in the Agreement, subject to its limitation of liability.

11.5 Force majeure. Recovea is not liable for any failure or delay in performance, including any unavailability or degradation of the Service, caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, power or telecommunications failure, internet or network failure, denial-of-service or other malicious attack, and the failure, outage, or scheduled maintenance of any third-party provider (including AWS, Stripe, or any Provider). The fail-open / re-point design (§6) is the Customer's intended mitigation for such events; it is not a warranty against them.

11.6 Dispute resolution; arbitration; class-action waiver. Any dispute arising out of or relating to this Statement is subject to the dispute-resolution provisions of the Agreement, which control. The Agreement provides for binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator, seated in Wilmington, Delaware; judgment on the award may be entered in any court of competent jurisdiction. Arbitration proceeds on an individual basis only, with a waiver of class, collective, and representative actions. Each party bears its own fees in accordance with the AAA Commercial Arbitration Rules; the parties intend the AAA Commercial Arbitration Rules to apply, subject to the Agreement's Consumer-Rules fallback and mass-arbitration protocol (Terms of Service §24.2 and §24.7 / MSA §23.2 and §23.6): if the AAA or a court of competent jurisdiction determines that the AAA Consumer Arbitration Rules apply to a dispute involving an individual, those rules govern that dispute and Recovea pays the filing, administrative, and arbitrator fees the AAA consumer fee schedule assigns to the business (this is a business-to-business, business-property service). Carved out to the Delaware state or federal courts in Wilmington are: (a) claims for injunctive or equitable relief for actual or threatened infringement or misuse of intellectual property or breach of confidentiality; and (b) small-claims matters within that court's jurisdiction. Nothing in this Statement creates an independent forum, waiver, or arbitration obligation; it incorporates the Agreement's clause by reference and is aligned to the same administrator, rules, seat, arbitrator count, and fee allocation, consistent across the entire Recovea legal pack and the website.

11.7 Non-party complainants. Any availability or operational complaint from a person who is not a party to the Agreement (for example, a security reporter contacting security@recovea.ai) is carved out of the arbitration provision and is subject to the Delaware state or federal courts in Wilmington identified in §11.8.

11.8 Governing law and venue. This Statement is governed by, and construed under, the laws of the State of Delaware, excluding its conflict-of-laws rules; the UN Convention on Contracts for the International Sale of Goods does not apply. For any matter not subject to arbitration, the exclusive venue is the state and federal courts located in Wilmington, New Castle County, Delaware, and each party consents to the personal jurisdiction of those courts.

11.9 No third-party beneficiaries. This Statement is for the sole benefit of Recovea and the Customer and their permitted successors and assigns. No other person or entity — including Authorized Users, security reporters or other non-party complainants under §11.7, and Providers — acquires any right, remedy, or benefit under this Statement, whether as a third-party beneficiary or otherwise.

11.10 Assignment. This Statement follows the Agreement's assignment terms. Neither party may assign the Agreement (and thereby this Statement) except as the Agreement permits, including a permitted assignment to a successor in connection with a merger, acquisition, or sale of substantially all assets. Recovea may engage sub-processors and sub-contractors as permitted by the Agreement and the DPA without such engagement constituting an assignment.

11.11 Notices. Notices to Recovea under this Statement may be sent to legal@recovea.ai and, where a postal address is required, to Recovea, Inc., 2810 N Church St STE 89986, Wilmington, DE 19802. Operational and reasonable-efforts communications under §§3 and 7 are delivered to the Customer's account-contact email and are not formal legal notices.

11.12 Electronic acceptance and communications. The Customer consents to transact electronically and agrees that electronic acceptance of the Agreement, electronic records, and electronic delivery of this Statement and related communications satisfy any requirement that such records be in writing, consistent with the U.S. ESIGN Act and the Uniform Electronic Transactions Act (UETA).

11.13 Reservation of rights; modification. Recovea reserves the right to change, add, reduce, suspend, or discontinue any support channel, target, hours, scope, communication practice, architecture, or feature (including Beta features), and to modify this Statement, in its discretion, consistent with the Agreement's modification clause. For any change that is materially adverse to the Customer, Recovea will provide reasonable advance notice (by email and/or in-product notice) and an opportunity to reject the change before it takes effect; if the Customer rejects a materially adverse change, the Customer's remedy is to stop using the Service and cancel in accordance with the Refund & Cancellation Policy. Non-material changes may take effect upon posting. The Customer may review the current Statement at the URL where it is published; the "Last updated" date reflects the latest version. Continued use of the Service after a change takes effect constitutes acceptance of the updated Statement, to the extent permitted by law.

11.14 No implied availability warranty. Nothing in this Statement — and no omission from it — creates an express or implied warranty of availability, uptime, continuity, redundancy, failover, backup, restore, response time, or resolution time. To the maximum extent permitted by law, any such implied warranty is disclaimed, consistent with §2.5 and the Agreement.

11.15 No waiver. Recovea's provision of support, notice, or assistance beyond what this Statement requires in any instance does not waive these terms or create an obligation to do so again. No waiver is effective unless in writing.

11.16 Severability. If any provision of this Statement is held unenforceable, that provision is modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions remain in full force and effect.

11.17 Entire understanding; relationship to the Agreement. This Statement, together with the Agreement and the documents referenced in §1.5, constitutes the entire understanding regarding Service availability and supersedes prior or contemporaneous statements on that subject, including any availability or uptime representation in Recovea's marketing or documentation. In all events the Agreement governs, and the reading imposing no commitment prevails (§1.6).

11.18 Survival. Provisions that by their nature should survive termination or expiration survive, including the definitions, the BYO-Key conduit and not-a-Provider-party allocation (§§1.4, 9.1), the AS-IS / AS-AVAILABLE and fail-open disclaimers (§§2.5, 6.7, 11.14), the limitation of liability and uncapped exclusions (§§11.1–11.2), indemnification (§11.3), the no-training restriction (§9.5), dispute resolution, governing law and venue, and no-third-party-beneficiaries (§§11.6–11.9).

11.19 Headings; interpretation. Headings are for convenience only. "Including" means "including without limitation."

Entity: Recovea, Inc., a Delaware corporation. · Version: v5 (2026-07-10). Intended to read consistently with the Terms of Service, the Master Subscription Agreement, the Beta / Design-Partner Agreement, the Security Statement, the DPA, the BYO-Key & Provider Terms Addendum, the AI-Output & No-Guarantee Disclaimer, the Refund & Cancellation Policy, the Subprocessors list, and the Privacy Policy. Describes the Service as built today; capabilities that are not yet live are not promised.