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WSO2 Private Cloud Terms

Version 3.3, effective, 16th September 2026

These WSO2 Private Cloud Terms are the terms of use (“Terms of Use”) governing the use of WSO2 Private Cloud Services.

1. Definitions

“Hosted Software” means the APIs provided by WSO2 and operated by WSO2 as part of the Private Cloud Services. Hosted Software does not include any application, API, or other artifact developed or deployed by the Subscriber using the Private Cloud Services (“Subscriber Content”), and availability of Subscriber Content is excluded from the calculation of Monthly Uptime Percentage.

“Monthly Uptime Percentage” means 100% minus the percentage of minutes during the calendar month in which the Hosted Software was not available.

“Private Cloud Services” means WSO2 Cloud Services provided with an additional guarantee that WSO2 will internally manage the Subscriber's deployment (for which such services are subscribed to) as a dedicated separate system.

“Scheduled Maintenance” means periods of Private Cloud Services disruption, which will be a maximum of 4 hours in any month of a Monthly Uptime Percentage measurement period, and which WSO2 notifies the Subscriber of at least 5 calendar days prior to the commencement of such service disruption.

“Subscriber” means any individual and/or entity that has signed up for Private Cloud Services and thus accepted the Terms of Use.

2. Private Cloud Services

2.1 WSO2 shall provide Private Cloud Services in line with the product documentation provided to the Subscriber and subject to these Terms of Use and the subscription terms signed up to by the Subscriber. These Terms of Use are incorporated into any Order Form that may be executed by the Subscriber for the engagement of Private Cloud Services. Private Cloud Services shall be supported in accordance with the service levels detailed at https://wso2.com/licenses/support-policy/ and the service uptime stated in section 4.2 below.

2.2 WSO2 shall be responsible for supplying and monitoring the infrastructure on which the Private Cloud Services runs. Private Cloud Services provided pursuant to these Terms of Use shall also include the following: setting up, optimizing, and monitoring systems for production and pre-production, taking responsive actions to maximize uptime and performance, and, subject to S. 2.3 below, installing updates to the Hosted Software within regular Scheduled Maintenance windows.

2.3 WSO2 will install updates and patches and for that purpose access the Private Cloud Services at times determined by WSO2. WSO2 will make its best endeavors to coordinate its installation of updates and patches with Subscriber. Installation will occur on a regular, periodic basis (generally once in two months, but in any event no less than quarterly, and sooner in the case of an emergency such as a required security or performance patch).

2.4 WSO2 is responsible for disaster recovery (DR) of the platform in case of a disaster. The default recovery point objective (RPO) is 24 hours, and the recovery time objective (RTO) is 12 hours. Enhanced RPO and RTO can be offered to the Subscriber at an additional charge.

2.5 If Subscriber fails to permit WSO2 to maintain and update Private Cloud Services covered by the Subscriber's subscription for 90 calendar days or to apply emergency patches to address critical vulnerabilities within 10 calendar days of notification, and if, as a result, the version of Private Cloud Services in use by Subscriber is more than two active releases behind WSO2's then-current active release, then WSO2 may charge two days' professional services fees, at its then current rates, for WSO2's installation of a current release, and Subscriber will pay such fees for the installation following receipt of invoice, under the payment terms specified in the relevant agreement between WSO2 and Subscriber.

3. Subscriber Usage

3.1 The Subscriber is exclusively liable for technical support for Subscriber's end users, and Subscriber applications running via Private Cloud Services. WSO2 shall be entitled to use information made available by the Subscriber via the Private Cloud Services to maintain, protect and improve such services. WSO2 shall provide Subscriber with support pursuant to this Terms of Use and during the license term provided that applicable support fees are settled promptly.

3.2 Daily snapshots of WSO2 databases (relating to Private Cloud Services) will be taken, and retention period is set to 7 calendar days. WSO2 server logs will be retained in accordance with the WSO2 retention policy. Subscriber shall contact WSO2 to modify the retention periods and additional costs may be incurred.

3.3 Subscriber shall carry out penetration/load tests against the WSO2 platform. However, WSO2 needs to be notified in writing 14 calendar days in advance prior to such activity.

4. Licenses and Terms of Use

4.1 In the event Subscriber deploys WSO2 products the following terms in addition to these Terms will be applicable for such Hosted Software.

4.2 The service uptimes for the Private Cloud Services shall be as follows:

5. Information Security & Data Privacy

5.1 WSO2 has implemented industry standard safety protocols in respect of Private Cloud Services engaged by the Subscriber. By using Private Cloud Services, the Subscriber agrees to allow WSO2 to process and store Subscriber applications and data, and that of Subscriber's end users, only to the extent such processing and storing are essential for the provision of Private Cloud Services. Subscriber is solely responsible for securing their use of Private Cloud Services and for the management of its ongoing security, including the security of any Subscriber applications and end user data contained therein.

5.2 If the Subscriber instructs WSO2 not to implement or apply a security fix, WSO2 shall not be liable for any loss, damage, security incident, breach, exploitation, compromise, unauthorised access, or other adverse consequence arising from or relating to the Subscriber's instruction or the failure to implement such security fix.

6. Modifications

WSO2 may make changes to these Terms of Use from time to time following which WSO2 will make a copy of the new Terms of Use available. Upon posting, these changes will become effective for new accounts. For pre-existing accounts, the changes will become effective upon written agreement by the Subscriber, or automatically 30 calendar days after posting, or upon the first anniversary of Subscriber's account creation, whichever is later. If the Subscriber does not agree to any revised terms of these Terms of Use, the Subscriber must cease use of the Private Cloud Services.

7. Warranty; Liability; Indemnity

7.1 Warranty. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRIVATE CLOUD SERVICES PROVIDED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY WSO2 OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. NOTHING STATED IN THIS AGREEMENT IMPLIES THAT THE OPERATION OF PRIVATE CLOUD SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ERRORS WILL BE CORRECTED.

7.2 Liability. EXCEPT FOR DAMAGES FOR BODILY INJURY (INCLUDING DEATH), WSO2'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO THE AMOUNT OF FEES PAID BY THE SUBSCRIBER DURING THE PERIOD OF A MATERIAL BREACH UP TO A MAXIMUM OF ONE YEAR.

IN NO EVENT WILL WSO2 OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL INDIRECT, SPECIAL, OR CONSEQUENTIAL COSTS OR DAMAGES INCLUDING, WITHOUT LIMITATION, DOWNTIME COSTS; LOST BUSINESS, REVENUES, GOODWILL, OR PROFITS; FAILURE TO REALIZE EXPECTED SAVINGS; LOSS OF OR DAMAGE TO DATA; OR SOFTWARE RESTORATION, REGARDLESS OF WHETHER ANY OF THE FOREGOING ARE FORESEEABLE, AND REGARDLESS OF WHETHER WSO2 HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY OF THE FOREGOING. THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF LIABILITY; INCLUDING NEGLIGENCE; MISREPRESENTATION; BREACH; LIBEL; INFRINGEMENT OF PUBLICITY, PRIVACY, OR INTELLECTUAL PROPERTY RIGHTS; OR ANY OTHER CONTRACT OR TORT CLAIM.

8. Term & Termination

8.1 The Subscriber's right to use any Private Cloud Services terminates on expiry of the term specified in the Subscriber's order form, or upon notice of a material breach that is not cured within 30 calendar days of receipt of notice.

8.2 Provisions of these Terms of Use that by their nature express ongoing rights or obligations shall survive the expiration or termination of any Private Cloud Services.

8.3 The Subscriber may stop using the Private Cloud Services at any time. WSO2 may terminate such services at any time upon 60 calendar days' prior written notice, with no liability to the Subscriber.

8.4 Subscriber agrees that within 30 calendar days of the termination of the Private Cloud Services, Subscriber shall remove all data uploaded by Subscriber to the Private Cloud Services, and the Subscriber acknowledges and accepts that WSO2 shall permanently delete any Subscriber data not removed in accordance with these Terms of Use.