The Tool Desk
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The checklist below turns those requirements into clauses you can put in an order form or master agreement. It also shows what the European Union’s Data Act baseline requires in covered situations and uses NVIDIA DGX Cloud’s published terms as concrete examples, not as a universal market standard.
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1. Define what “portable” means
“Data export” is too narrow for a training or inference platform. A usable handoff must include everything needed to reconstruct the workload, verify it, and operate it at the destination. The European Union’s portability concept focuses on transferring data between providers; application portability goes further by moving application components to a comparable cloud and running them there. Your contract should address both.
Specify the complete export package
| Export item | Clause to require | Acceptance check |
|---|---|---|
| Customer inputs and outputs | Enumerate datasets, generated results, object-store objects, and any transient files that must be retained. | Provider supplies a manifest, object count, byte count, and checksums. |
| Metadata and schemas | Include object metadata, dataset schemas, labels, lineage, timestamps, access-control metadata, and catalog definitions. | Import into a test account and verify schemas and relationships. |
| Model checkpoints | State checkpoint format, optimizer state, tokenizer files, precision, and framework version. | Resume a training run or reproduce an evaluation at the destination. |
| Container and machine images | Provide OCI-compatible container images plus virtual-machine or bare-metal images where used. | Images boot or run on the agreed destination accelerator and driver stack. |
| Infrastructure and orchestration | Export infrastructure-as-code, scheduler definitions, job queues, networking, volumes, policies, and environment variables. | Deploy from the supplied definitions without undocumented manual steps. |
| Secrets and key-management handoff | Describe how secrets, certificates, key identifiers, rotation history, and encrypted objects are transferred or re-encrypted. | Destination can decrypt required data while the source credentials are disabled. |
| Logs and monitoring history | Include application logs, audit records, metrics, traces, alerts, dashboards, and retention metadata in documented formats. | Import a sample into the destination observability system and query it. |
| Notebooks and dependencies | Export notebooks, lockfiles, package manifests, driver versions, CUDA dependencies, and build scripts. | Clean environment rebuild completes from the supplied manifests. |
Define formats, schemas, API endpoints, rate limits, encryption handling, checksums, and delivery media in the contract. Require conversion utilities when the provider’s native format is not directly usable elsewhere. Identify exclusions precisely: the EU Data Act distinguishes exportable customer data from a provider’s or third party’s intellectual property and trade secrets. A definition of “customer data” that silently includes neither provider-generated metadata nor operational records leaves a costly gap.
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2. Make workload portability reproducible
A copied checkpoint can still be unusable if the destination lacks the right runtime. Add a portability profile covering the software and hardware assumptions that affect results.
Runtime and accelerator requirements
- Supported container and image formats, registry export method, and image-signing requirements.
- CUDA, driver, framework, compiler, and library compatibility ranges, with a process for handling security updates.
- Accelerator architecture assumptions, including supported GPU generations, memory size, interconnect topology, and multi-GPU communication libraries.
- Storage semantics: POSIX behavior, object-store consistency, filesystem snapshots, block-device performance, and checkpoint atomicity.
- Network topology dependencies such as private endpoints, address ranges, firewall rules, service discovery, and east-west bandwidth.
- Orchestration compatibility for the scheduler, job specification, quotas, autoscaling, secrets, and persistent volumes.
For infrastructure-as-a-service, require a documented path to materially comparable outcomes on a comparable service. The EU Data Act describes this as functional equivalence. Translate that principle into a test: for example, a named training job, dataset, seed, evaluation metric, and acceptable variance, with the provider supplying any adapters needed to run it.
Acceptance testing before a crisis
- Export a representative training project, including checkpoints, images, definitions, logs, and keys, on a scheduled cadence.
- Import it into a segregated destination account using only the export package and written instructions.
- Run a smoke test, resume training from a checkpoint, and compare a fixed evaluation set against the source result.
- Record transfer time, bandwidth, manual interventions, failed dependencies, and any data that could not be reconstructed.
- Make passing criteria a contractual deliverable and repeat the test after major runtime or accelerator changes.
3. Turn the exit clause into an executable timeline
An exit right that says “the provider will reasonably assist” without dates is difficult to use when capacity, budget, or regulation forces a move. The clause should name the trigger, notice channel, contacts, response times, transition services, continuity obligations, retrieval window, deletion deadline, and escalation path.
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- Notice trigger: Define whether the clock starts on a customer notice, non-renewal, material breach, regulatory event, or provider discontinuation. State the required contents and delivery address.
- Transition period: Set a maximum period for export preparation, parallel operation, and migration support. Keep production service available while copies are validated.
- Assistance: Name support contacts, response targets, migration runbooks, export tooling, bandwidth commitments, incident handling, and executive escalation.
- Retrieval window: Give the customer a fixed period after transition to download and verify content, including backups or snapshots that are part of the agreed package.
- Deletion deadline: State when primary data, replicas, caches, and backups are deleted, what legal-retention exceptions apply, and when a certificate or attestation is issued.
- Continuity: Explain how jobs, credentials, monitoring, and support operate during parallel runs and what happens if the provider causes a delay.
NVIDIA’s published DGX Cloud terms illustrate a concrete structure: a switching-notice period of up to two months, a defined transition period, a 30-day retrieval period after transition, and deletion of user content within 90 days after retrieval unless law or the agreement requires otherwise. The same terms promise reasonable assistance with downloading and transferring user content and an exit strategy, subject to technical feasibility and the stated schedule. Treat those figures as an example to negotiate, not a default entitlement across providers.
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4. Price the exit before you sign
Nominal portability can be defeated by transfer bills, conversion work, storage during a parallel run, or accelerated subscription charges. Separate each category in the order form.
| Cost category | What to clarify |
|---|---|
| Recurring service fees | Whether normal subscription or consumption charges continue during transition and how unused reservations are handled. |
| Data-transfer and egress fees | Direction, measurement, minimums, destination exceptions, and whether provider-caused rehydration or retries count. |
| Switching or migration-support fees | Hourly rates, included hours, tooling charges, conversion work, and approval required for overages. |
| Transition storage | Price for replicas, snapshots, staging buckets, and retained backups while the destination is validated. |
| Early-termination compensation | Amount, calculation basis, mitigation, and whether it applies after provider breach or regulatory termination. |
Under the EU Data Act, covered switching charges are reduced during the transition to no more than costs directly linked to switching, and switching charges—including egress charges—are prohibited from 12 January 2027. Ordinary service fees and permitted early-termination compensation remain separate questions. The Act’s portability rules apply from 12 September 2025, but applicability depends on the parties, service scope, geography, and regulated-data context; obtain legal advice for a specific deal.
Do not assume a free technical export removes subscription liability. NVIDIA’s agreement makes fees owed on termination immediately payable, while its DGX Cloud terms state that switching early does not eliminate the obligation to pay for the full subscription period. Ask for an explicit exception where the provider materially breaches, withdraws the service, or fails a negotiated exit obligation.
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5. Write service and GPU-capacity guarantees that can be measured
A percentage without a measurement rule is a marketing statement. Put the target, data source, sampling interval, aggregation period, exclusions, claim deadline, evidence requirements, cure target, credit schedule, cap, and sole-remedy language in the incorporated SLA or order form.
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Example metrics from a published GPU-cloud SLA
| Metric | Published target | Measurement cadence | Period |
|---|---|---|---|
| Service availability | 99% | Status tracked every 15 minutes | Calendar month |
| Capacity availability | 95% | Capacity tracked every 60 minutes | Calendar month |
NVIDIA’s 2025 DGX Cloud SLA uses those targets and cadences. “Service availability” and “capacity availability” address different risks: an API or environment may be reachable while the contracted GPU capacity is unavailable. Your SLA should define the customer-impact test for each metric, the measurement source, rounding, partial intervals, and treatment of queued jobs.
Exclusions and claims
List maintenance windows, force-majeure events, customer configuration, multiple-customer incidents, pre-release services, and payment-related suspension as exclusions only when they are objectively defined. The cited SLA includes exclusions for multiple-customer events, maintenance, force majeure, pre-release offerings, and payment-related events. Require incident records or status data sufficient to verify an exclusion.
Set a claim deadline and evidence process. NVIDIA’s SLA gives customers two months to submit a claim. Specify whether a missed deadline waives the remedy, who calculates availability, and how disputes are escalated.
6. Negotiate remedies that match the business impact
Credits can be useful, but they may not compensate for a missed training window or a lost production launch. Ask these questions before accepting a sole-remedy clause:
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- Are credits based on the affected service or the entire monthly subscription?
- Can they be applied to future capacity only, and do they expire?
- Is capacity failure treated differently from an outage?
- Does repeated failure create a termination right, fee relief, or a right to procure substitute capacity?
- Is there a cap on credits, and does the cap reset monthly?
- Can the customer recover documented migration costs when the provider misses an exit or availability obligation?
NVIDIA’s published DGX Cloud remedy is a credit tied to the monthly subscription and usable toward a future order, with 10% or 25% levels depending on the measured availability. The SLA states that the credit is the remedy when its service levels are not achieved. If your workload cannot wait for a future order, negotiate a different remedy rather than assuming credits cover consequential loss.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.7. Read suspension, termination and liability as one package
Portability rights are less valuable if the provider can suspend access before you retrieve data or accelerate every remaining fee when the contract ends. Review these provisions together:
- Suspension triggers, notice, cure opportunity, emergency access, and read-only retrieval during a dispute.
- Material-breach cure periods, regulatory termination rights, automatic expiry, and non-renewal notice.
- Payment acceleration and treatment of prepaid reservations, committed GPU capacity, and unused credits.
- Liability caps, exclusions for indirect or consequential damages, data-loss allocation, confidentiality, and security incidents.
- Obligations to maintain substitutes, support a parallel run, preserve logs, and cooperate with forensic or regulatory requests.
In NVIDIA’s agreement, a curable breach generally receives 30 days to cure and a payment breach five days; amounts owed become immediately due at termination, and broad categories of indirect and consequential damages are excluded. Those terms show why an exit clause cannot be negotiated independently from payment and liability language.
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8. Apply the EU Data Act baseline where it covers your contract
Chapter VI of the EU Data Act applies from 12 September 2025 and establishes portability and switching obligations for covered cloud services. The European Commission describes the goal as making switching “free, fast and fluid.” Switching terms must be written. From 12 January 2027, switching charges, including egress charges, are prohibited under the cited provisions.
The baseline is not a promise that every GPU contract is automatically covered. Check the provider’s establishment, the customer’s location, the service category, public-sector or regulated-data rules, and conflicts with local law. Also distinguish customer data that must be exportable from provider intellectual property, third-party rights, and trade secrets. A contract can meet the statutory baseline yet still omit the checkpoints, images, logs, keys, and orchestration context needed to operate a machine-learning system.
9. Compare offers with a consistent scorecard
Use the same evidence request for every provider and score the answers in writing:
- Export scope, formats, schemas, checksums, APIs, encryption, and conversion tools.
- Application and runtime portability, including image, driver, CUDA, accelerator, storage, network, and orchestration compatibility.
- Switching assistance, named contacts, response times, maximum transition, retrieval and deletion windows, and continuity.
- Egress, switching, storage, support, conversion, and early-termination economics.
- Service availability and GPU-capacity targets, measurement intervals, aggregation, and customer-impact definitions.
- Exclusions, claim deadlines, evidence, credit schedule, caps, sole-remedy language, and chronic-failure rights.
- Suspension, termination, payment acceleration, security, deletion certification, liability, and data-loss allocation.
- Jurisdiction, EU Data Act coverage, sector rules, and the documents incorporated by reference.
The European Commission’s draft model clauses address switching and exit, termination, security and business continuity, non-amendment, and liability balance. Use those topics as a review index, then make the provider’s measurable commitments appear in the signed order form rather than only in mutable online documentation.
10. Pre-signature and pre-exit checklists
Before signing
- Attach the export manifest and portability test to the agreement.
- Obtain written prices for egress, transition storage, support, conversion, and early termination.
- Confirm service and capacity metrics, exclusions, claim deadline, credits, caps, and chronic-failure remedies.
- Identify contacts, notice method, runbooks, escalation levels, and deletion certification.
- Resolve conflicts among the master agreement, order form, SLA, acceptable-use policy, and online terms.
When an exit is triggered
- Send the contractual notice with the required project, account, region, and date details.
- Freeze retention settings and export schedules so checkpoints, logs, keys, and metadata are preserved.
- Start the agreed parallel run; keep source service available while checksums and acceptance tests complete.
- Document every failed export, missed response target, bandwidth shortfall, and unapproved fee.
- Use the retrieval window to validate the destination, then request deletion evidence covering replicas and backups.
Bottom line
Choose a GPU provider whose contract lets an independent team rebuild the workload, verify results, and retrieve or delete every agreed asset on a dated schedule. Treat portability, exit economics, service measurement, capacity guarantees, and termination liability as one negotiation; a strong percentage SLA cannot rescue an unusable export or an unaffordable departure.
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