The below terms (the “Preview Terms”) apply to your participation in the Public Preview of, and your use of, the above-identified DigitalOcean Service, Spot GPU Droplets (the “Preview Offering” or “Spot”). The Preview Terms supplement the terms of the DigitalOcean Terms of Service Agreement (including Service Terms) or such other written agreement between you and DigitalOcean governing your use of our Services (our “Agreement”). The Preview Offering is a Beta Service for purposes of the Agreement, and terms not defined in these Preview Terms have such meaning otherwise defined in the Agreement. If there is a conflict between these Preview Terms and the Agreement, these Preview Terms will control solely with respect to the conflict relating to your use of the Preview Offering.
Subprocessor Disclosure: A current list of DigitalOcean Service subprocessors is available here, including the subprocessors identified under “All DigitalOcean Services.”
Your participation in the Public Preview and use of the Preview Offering is voluntary. If you do not accept these Preview Terms, then you may not participate in the Public Preview.
The Preview Offering is a preliminary, limited-availability release of a DigitalOcean Service. It provides access to GPU compute capacity (“Spot Droplets”) drawn from DigitalOcean’s available fleet and offered on an interruptible, as-available basis at a separate Spot rate. This offering is intended for testing, evaluation, and feedback purposes, and for running interruption-tolerant workloads. Access during the Public Preview is limited to eligible accounts, to the GPU configurations (shapes) and regions that DigitalOcean designates, and to the capacity DigitalOcean makes available from time to time.
2.1 As-Is; As-Available. The Preview Offering is provided “AS-IS” and “AS-AVAILABLE.” Spot Droplets are designed for fault-tolerant, interruption-tolerant workloads (for example, batch or checkpointed training, batch or asynchronous inference, hyperparameter sweeps, and rendering or simulation jobs). The Preview Offering is not intended or recommended for latency-sensitive, stateful, or production-facing workloads, or for any workload that requires guaranteed uptime, continuity, or availability. You acknowledge the experimental nature of the Preview Offering and that DigitalOcean may modify, suspend, or discontinue any feature of the Preview Offering at any time without notice.
2.2 No Availability Guarantee; Reclamation of Capacity. Spot Droplets are offered on an as-available basis and is not guaranteed. Because Spot Droplets are drawn from capacity that fluctuates with overall demand, DigitalOcean does not guarantee that Spot Droplets will be available at any given time, that any particular quantity or shape will be available, or that a Spot instance, once provisioned, will remain available for any minimum duration. DigitalOcean may reclaim, suspend, or terminate any Spot instance at any time, in its sole discretion, with or without regard to the state of your workload, and may do so in any order it determines (including to return capacity to other DigitalOcean services or uses, or based on operational, capacity, or business considerations).
2.3 Reclaim Notice. Except as provided in Section 2.4, DigitalOcean will endeavor to provide at least two (2) hours’ advance notice before reclaiming a Spot instance. This notice is provided on a commercially reasonable basis. DigitalOcean does not warrant that notice will be delivered, received, or provided any particular amount of time in advance, and Spot Droplets may be reclaimed with less than two (2) hours’ notice or, as described in Section 2.4, with no notice. Notice will be sent by email to the address associated with your account. Notice is deemed given when sent by DigitalOcean, whether or not actually received. You are responsible for maintaining a valid notification email address, for subscribing to and maintaining any webhook endpoint you elect to use, and for monitoring for reclaim notices. DigitalOcean is not responsible for any failure of delivery, receipt, or processing of a notice that is attributable to your systems, configuration, or third parties.
2.4 Emergency and Immediate Reclamation. Notwithstanding Section 2.3, DigitalOcean may reclaim, suspend, or terminate Spot Droplets immediately and without prior notice where DigitalOcean determines, in its sole discretion, that doing so is necessary or advisable, including for emergency or unplanned maintenance; hardware, network, or facility failure; security, integrity, health, or safety reasons; to comply with law or legal process; to prevent harm to the DigitalOcean platform or other customers; or due to any event beyond DigitalOcean’s reasonable control. The two-hour notice described in Section 2.3 is a target for ordinary-course reclamation only and is not a service commitment.
2.5 Customer Responsibility for Fault Tolerance. You are solely responsible for designing your workloads to tolerate interruption, including by checkpointing progress and persisting state so that work can resume elsewhere. Spot Droplets carries no uptime, continuity, or data-retention guarantee. DigitalOcean will have no liability for any loss of work, data, state, progress, output, or time, or for any interruption, delay, or downstream loss, arising from the reclamation, suspension, termination, or unavailability of Spot Droplets, whether or not notice was provided. Any data on the boot disk or scratch disk associated with a Spot instance is lost upon reclamation.
2.6 Preview Pricing. Spot Droplets is offered as a distinct Droplet SKU, separate from on-demand GPU Droplets, and appears as its own line item on your bill. You are billed hourly, per-second, at the Spot rate applicable to the relevant SKU. There is no bidding; you pay the Spot rate in effect for the applicable SKU, which DigitalOcean sets and may adjust over time based on the supply of and demand for Spot Droplets. The Spot rate is set and maintained independently of, and is not a discount applied to, any on-demand rate; DigitalOcean makes no representation that Spot pricing reflects any particular level of savings relative to on-demand or other pricing. The Spot rate applicable to an active allocation is the rate in effect at the time that allocation was provisioned, and remains in effect for the lifetime of that allocation. DigitalOcean may change Spot rates for a SKU at any time on a prospective basis; any changed rate applies to instances provisioned after the change and does not apply to an already-active allocation. If you provision Spot Droplets again following reclamation, termination, or expiration, the new allocation is priced at the prevailing Spot rate at the time of that new request. Any directional or indicative pricing provided to you in advance of onboarding is non-binding and subject to change; final pricing is confirmed only upon provisioning.
2.7 Support; No SLA. No Technical Support commitments and no Service Level Agreements (SLAs) apply to the Preview Offering. No service credits are available for the Preview Offering, including for any unavailability, reclamation, interruption, or failure to provide notice. Support, if any, is provided on a reasonable-effort basis during business hours.
3.1 Input Data. You are responsible for the data, models, code, and content you use with, or store on, the Preview Offering, and for compliance with the Agreement and applicable law with respect to that data. Given the interruptible and pre-production nature of the Preview Offering, you should not store the sole or authoritative copy of any data on a Spot instance and should maintain your own backups and checkpoints.
3.2 Improvement. By using the Preview Offering, you authorize DigitalOcean to use technical metadata (e.g., utilization, latency, error rates, reclaim events, and usage frequency) and any Feedback you provide to operate, evaluate, and improve our infrastructure, the Preview Offering, and our Services.
3.3 Feedback. You may, but are not required to, provide DigitalOcean with suggestions, comments, or other feedback regarding the Preview Offering (“Feedback”). You grant DigitalOcean a perpetual, irrevocable, worldwide, royalty-free license to use and exploit Feedback for any purpose without restriction or obligation to you.
4.1 DigitalOcean may terminate or conclude this Preview Offering as a whole at any time without advance notice. For the avoidance of doubt, this Section 4.1 does not apply to the reclamation, suspension, or termination of individual Spot instances or allocations, which is governed by Sections 2.2 through 2.4.
4.2 If the Preview Offering advances to a subsequent release cycle (General Availability), DigitalOcean will endeavor to assist you with transitioning your use. Notwithstanding this, DigitalOcean reserves the right, in its sole discretion, to reclaim capacity, purge data associated with the Preview Offering, and terminate Preview Offering instances at the conclusion of the Preview Offering or at any time thereafter, regardless of any planned transition or migration.
DigitalOcean may suspend or terminate your access to the Preview Offering at any time (in our sole discretion), with or without notice, if: (a) we choose to discontinue the Preview Offering or transition it to General Availability; or (b) we believe your use violates these Preview Terms or the Agreement. Suspension or termination of your access to the Preview Offering does not affect the reclamation rights described in Section 2.
The Preview Offering is a Beta Service. The warranty disclaimers, exclusions of damages, and limitation of liability applicable to Beta Services under the Agreement (including Section 8.6) apply to the Preview Offering and are incorporated by reference. Sections 2.5 and 2.7 of these Preview Terms supplement, and do not limit, those provisions. Nothing in these Preview Terms expands DigitalOcean’s liability beyond, or limits any disclaimer, exclusion, or cap set forth in the Agreement.