> Cloudflare ("Company") commits to provide a level of service for Business Customers demonstrating: [...] 100% Uptime. The Service will serve Customer Content 100% of the time without qualification.
This is a legal commitment to provide 100% uptime. They are guaranteeing 100% uptime and defining penalties for failing to meet that guarantee. The fact that a penalty is defined does not stop it from being a guarantee.
No, this SLA is a legal commitment to give you credits when Service uptime falls below a certain threshold. The threshold could be anything - 99%, 50%, 100%, etc. Importantly, Cloudflare is not under a legal obligation to provide the Service at or above the agreed threshold, it's under a legal obligation to give you Credits when the Service uptime is below that threshold.
"Service Credits are Customer’s sole and exclusive remedy for any violation of this SLA."
> This is a legal commitment to provide 100% uptime. They are guaranteeing 100% uptime
I don't think you know what a guarantee is.
For example when you buy a new car you get a guarantee that it won't break down. Are they claiming it won't break down? No, of course not. What a guarantee means is that they'll fix it or compensate you if it does.
Looks like it supports parent opinion:
commit - bind to a certain course if policy. It's legal obligation, not a statement about guarantees in physical world (like "this alloy won't melt below t°C")
> Cloudflare ("Company") commits to provide a level of service for Business Customers demonstrating: [...] 100% Uptime. The Service will serve Customer Content 100% of the time without qualification.
This is a legal commitment to provide 100% uptime. They are guaranteeing 100% uptime and defining penalties for failing to meet that guarantee. The fact that a penalty is defined does not stop it from being a guarantee.