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A GPU-cloud contract protects you from lock-in only when it makes your workload, data and exit process operationally transferable. Before signing, require a defined portability package (including checkpoints, images, metadata, orchestration and keys), a dated switching and deletion schedule, transparent egress and termination economics, and an SLA that explains measurement, exclusions, claims and remedies. The checklist below turns those requirements into clauses you can put in an order form or master agreement.
Why GPU-cloud contracts need a specific exit design
GPU workloads are more than files in an object store. A production training run depends on datasets, model checkpoints, container layers, CUDA and driver versions, scheduler definitions, network assumptions, secrets, monitoring history and the configuration that produced a result. If a contract promises only an object export, you may recover bytes but still be unable to restart the workload elsewhere.
Portability has two dimensions. Data portability is the ability to transfer customer data between providers. Application portability is the ability to move application components to a comparable cloud and run them there. The European Union’s Data Act uses this distinction, and a useful private contract should do the same: define what can be exported, in which format, with what assistance, and how the destination environment will be validated.
1. Define the complete portability package
Put an itemized inventory in the contract rather than relying on a broad definition of “customer data.” Require export of the following, subject to narrowly identified legal or third-party intellectual-property exclusions:
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- Customer inputs and generated outputs, datasets, object-store objects and associated metadata.
- Model checkpoints, optimizer state, tokenizer files, experiment artifacts and reproducibility manifests.
- Container images, image digests, virtual-machine or bare-metal images, package caches and dependency lockfiles.
- Infrastructure-as-code, scheduler and queue definitions, job specifications, environment variables, network and storage configuration, and policy files.
- Secrets, certificates and key-management handoff material in a secure, agreed process; never require disclosure of a provider’s master keys.
- Application, audit, security and billing logs, monitoring history, alerts, notebooks and run metadata needed to understand what happened.
- Access-control mappings, service accounts, retention settings, backup indexes and records needed to reconstruct governance.
For every class, specify the format, schema, API or transfer method, compression, checksums, encryption requirements and retention period. State whether the provider must supply conversion tools when its native format is proprietary. Require a machine-readable manifest that maps object names to hashes, timestamps, versions and dependencies so the destination can verify completeness.
Separate customer material from provider rights
The Data Act distinguishes exportable customer data from provider or third-party intellectual property and trade secrets. Your clause should list exclusions precisely instead of allowing a provider to label an entire export “proprietary.” A provider may retain its underlying service software, but that should not prevent you from obtaining your images, configurations, logs or the application context needed to use them. If a component cannot legally be exported, identify it and specify a functional substitute or documented conversion path.
2. Require reproducible workload portability
A successful transfer means more than downloading files. Require the provider to document the runtime assumptions that a destination must satisfy:
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- CUDA, driver, framework and library compatibility, including minimum versions and known incompatibilities.
- Accelerator architecture assumptions, precision modes, interconnect behavior and any dependence on a particular GPU generation.
- Storage semantics, filesystem behavior, object consistency, local scratch requirements and checkpoint atomicity.
- Network topology, DNS, firewall, identity and bandwidth dependencies that affect distributed training.
- Orchestration compatibility, including scheduler definitions, autoscaling rules, quotas, node labels and placement constraints.
Define a test for portability before an incident occurs. For a comparable infrastructure service, require a documented route to materially comparable outcomes: the same container digest, a representative dataset, a fixed random seed where practical, and acceptance criteria for successful startup, checkpoint restore, throughput range and output validation. The EU Data Act describes this concept as functional equivalence for comparable infrastructure services. Your contract can make it measurable without promising identical performance across different GPU architectures.
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3. Make the exit clause executable
An exit clause should read like an operating procedure. It needs a trigger, named contacts, deadlines and responsibilities, not simply a right to terminate. Include this sequence:
- Notice trigger: define whether the clock starts on a written termination notice, a material breach notice, an expiry notice or a regulatory event.
- Notice contents and channel: identify the authorized email or portal, required account identifiers, export scope, destination contact and requested dates.
- Transition period: state the maximum period during which service remains available while workloads are copied or rebuilt.
- Continuity: require continued access, monitoring and incident response during migration, with no degradation caused solely by the notice.
- Retrieval window: provide a separate final period for downloading and validating content after transition activities end.
- Deletion deadline: set deadlines for primary systems, replicas and backups, with legal-retention exceptions narrowly described.
- Evidence: require an export manifest, transfer logs and a certificate or attestation of deletion.
What a published DGX Cloud example shows
NVIDIA’s 2025 DGX Cloud terms describe up to a two-month switching-notice period, followed by a transition period. They provide a 30-day retrieval period after that transition and state that user content is deleted within 90 days after the retrieval period, unless law or the agreement requires an exception. The terms also promise reasonable assistance with downloading and transferring user content and an exit strategy, but qualify that assistance by technical feasibility and the defined switching schedule. Use these figures as a concrete negotiating reference, not as a universal market standard.
Your agreement should state exactly when each period begins and ends. Clarify whether new checkpoints created during transition are included, whether read-only access is available during retrieval, and whether the provider may suspend exports for an unpaid invoice. If suspension is possible, define a dispute process and a minimum export access that protects undisputed customer data.
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Exit rights can be economically useless if the contract accelerates large charges. Separate each category in the order form:
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- Recurring subscription or consumption fees through the agreed end date.
- Ordinary data-transfer or egress fees incurred during normal operation.
- Switching charges specifically tied to changing providers.
- Migration assistance, conversion work, engineering time and expedited-transfer fees.
- Storage and compute consumed during the transition and retrieval windows.
- Early-termination compensation or minimum-commitment payments.
NVIDIA’s agreement makes owed fees immediately payable on termination, and its DGX Cloud terms state that switching early does not remove the obligation to pay for the full subscription period. Ask for the same treatment to be stated plainly in your commercial schedule: what is owed, when it is invoiced and whether any credit offsets it.
EU limits on switching charges
For contracts within the Data Act’s scope, Chapter VI applies from 12 September 2025. During a transition, reduced switching charges may not exceed costs directly linked to switching. The European Commission describes the objective as making switching “free, fast and fluid.” From 12 January 2027, switching charges, including egress charges, are prohibited under the Data Act. Ordinary service fees and permitted early-termination compensation remain separate issues, so do not assume the ban cancels a subscription commitment. Confirm applicability based on the customer’s location, provider, service type and regulated-data obligations.
5. Turn availability promises into measurable SLA terms
An SLA percentage has value only when the contract defines the clock, the denominator and the remedy. Put the target, metric, measurement source, sampling interval, aggregation period, maintenance treatment, exclusions, claim deadline, evidence requirements and remedy in the order form or an incorporated SLA.
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| DGX Cloud metric | Published 2025 target | Measurement detail |
|---|---|---|
| Service availability | 99% per calendar month | Status tracked every 15 minutes; monthly aggregation |
| GPU capacity availability | 95% per calendar month | Status tracked every 60 minutes; monthly aggregation |
Service availability and capacity availability are different promises. A control plane can be reachable while the GPUs you reserved are unavailable. Require separate metrics if capacity shortfalls affect training schedules, and define whether a customer’s inability to obtain a requested accelerator counts as an outage or a capacity event.
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Define exclusions and customer impact
Published DGX Cloud SLA terms exclude multiple-customer incidents, scheduled maintenance, force-majeure events, pre-release services and payment-related events, among other categories. Your contract should list exclusions in a closed or clearly bounded definition and explain how overlapping events are counted. Specify the authoritative monitoring source, the sampling granularity, rounding rules, time zone and treatment of partial intervals. If your business impact is regional, require reporting for the regions and clusters you actually use rather than a global average.
Make claims and remedies usable
NVIDIA’s SLA gives a two-month deadline for submitting a claim. It provides credits tied to the monthly subscription, usable toward a future order, with 10% or 25% levels depending on the availability result. Ask whether credits are the sole remedy, whether they expire, whether they can apply to capacity purchases and whether chronic failure permits termination, fee relief or procurement of substitute capacity. Require a claim packet that the provider can validate from its own logs; do not make the customer prove events that only the provider can observe.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.6. Review suspension, termination and liability together
Read the exit clause alongside suspension and liability language. Check:
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- Events that permit suspension, including security concerns, policy violations and payment disputes.
- Material-breach cure periods and whether payment breaches have a shorter period.
- Customer termination rights for repeated SLA failure, regulatory change or provider material breach.
- Automatic expiry, renewal notice and the date on which export access ends.
- Payment acceleration and minimum-commitment obligations after termination.
- Liability caps, consequential-damage exclusions, data-loss allocation and any duty to procure substitutes.
NVIDIA’s agreement allows specified early termination, provides 30 days to cure a curable breach and five days for payment breaches, makes owed fees immediately due and excludes broad categories of indirect and consequential damages. Those provisions illustrate why a portability promise should not be negotiated in isolation: an outage remedy may be a small credit while a failed migration leaves you paying for replacement capacity and duplicate storage.
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7. Use a consistent offer scorecard
Score every provider and order form on the same axes so a low headline price cannot hide an expensive exit.
| Axis | Questions to answer in writing |
|---|---|
| Export scope and formats | Are data, metadata, checkpoints, images, orchestration, configuration, keys, logs and audit records included, with schemas and checksums? |
| Runtime portability | Which container, driver, CUDA, storage and scheduler dependencies must the destination support? Is there a functional-equivalence test? |
| Switching assistance | Who is the named contact, what response time applies, what tooling and bandwidth are provided, and what is the maximum timeline? |
| Exit economics | What are the egress, switching, storage, migration-support and early-termination charges, and when are they payable? |
| Service and capacity | What availability targets apply to control-plane service and GPU capacity, by region and calendar period? |
| Measurement and remedies | What is sampled, how often, what is excluded, when must claims be filed, and are credits the sole remedy? |
| Termination and deletion | What are cure periods, suspension rights, retrieval windows, backup-deletion dates and deletion evidence requirements? |
| Jurisdiction and regulation | Does the Data Act apply, and how do its switching and data-access rules interact with the governing law? |
The European Commission’s draft model clauses address switching and exit, termination, security and business continuity, non-amendment and liability balance. They can provide a negotiation structure, but they do not replace service-specific schedules or legal advice.
8. Practical negotiation and testing steps
Before signature
- Attach the portability inventory and a sample export manifest to the contract.
- Run a small export of a container, checkpoint, metadata set and infrastructure definition; restore it in a neutral environment.
- Obtain written prices for egress, transition storage, conversion and early termination, including the currency and billing unit.
- Insert region-specific SLA targets and a claims process into the order form instead of relying on a changeable web policy.
- Have security and legal teams review key handoff, regulated data, retention and cross-border transfer requirements.
During the contract
- Export and verify manifests on a schedule appropriate to checkpoint value; keep an independent copy of critical images and configuration.
- Rehearse a restore with a second provider or compatible environment, recording driver, framework and performance differences.
- Monitor SLA evidence yourself, including timestamps, capacity requests, incident IDs and credits claimed.
- Review renewal dates and minimum commitments early enough to use the contractual notice period.
Common failure modes and fixes
- Raw data export only: Add checkpoints, image digests, manifests, orchestration, logs and dependency context.
- “Reasonable assistance” without deadlines: Add named contacts, response times, tooling, bandwidth and escalation steps.
- One availability number: Separate service reachability from GPU capacity and define each measurement clock.
- Credit-only remedy: Negotiate chronic-failure termination or fee relief if credits do not cover business impact.
- Deletion without proof: Require primary, replica and backup deadlines plus a deletion attestation.
- Exit right defeated by commitment: Model the full subscription, acceleration and storage obligations before signing.
What the checklist cannot establish by itself
Public template terms do not reveal a provider’s actual regional pricing, GPU reservation availability, negotiated enterprise remedies or portability success rate. There is no universal worldwide GPU-cloud contract standard. Confirm those items in the order form and technical schedule, and obtain legal advice on Data Act scope, regulated data and conflicts with local law.
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