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Service Level Agreement

Last Updated: 2025-03-24

1. Scope. This service level agreement (“SLA”) is an integral part of the Agreement between Berget and the Customer. This SLA does not apply to: (i) Free Trials; (ii) Berget website (iii) serverless inference services

2. Service Guarantee. Subject to the exemptions set out in Sections 1 and 8 of this SLA, we will guarantee you the availability of the Services. For all unscheduled interruptions in the provision of the Service that last longer than five (5) minutes, you will be entitled to an SLA-compensation in accordance with this SLA. The availability guarantee is applied on a per Service-item basis and is not applicable to such Service-items that are not directly affected by the interruption. For example, if you have five virtual servers and one of them is unavailable, the SLA-compensation will be calculated based on that one server’s downtime and not based on your entire Service portfolio.

3. Scheduled Interruptions. We will notify you by e-mail or by publishing a notice on Berget’s website about scheduled interruptions in the provision of the Service at least 24 hours prior to the interruption, with the exception of important security updates and patches which we may deploy without prior notice.

4. Error Notifications. If you detect an interruption in the Service, you have to notify us by sending an e-mail to outages@berget.ai. The interruption in the Service is deemed to begin when the failure starts to affect your use of the Service, and to end when the failure has been corrected. We will maintain a system status page at https://status.berget.ai where we will post information about identified interruptions and their resolution status.

5. Payment of Compensation. If you are eligible for an SLA-compensation under this SLA, you must claim the SLA-compensation within 15 (fifteen) days after the failure has been corrected by contacting our Support Team at support@berget.ai and requesting the SLA-compensation. The SLA-compensation will be deposited to your Account in the form of Credits and it may not be exchanged for cash or other forms of payment.

6. Amount of SLA-compensation. The amount of the SLA-compensation will be 50 (fifty) times Berget’s service fees charged for the interrupted Service-item allocated for the period of time when the use of that Service-item was interrupted. The maximum SLA-compensation for an individual interruption shall be limited to an amount equal to the service fees charged by Berget for the interrupted Service-item during 30 (thirty) calendar days immediately preceding the interruption. The total sum of aggregated SLA-compensations during any 12-month period shall be limited to an amount equal to the average monthly service fee charged by Berget for the interrupted Service during that 12-month period multiplied by 2,5.

7. Sole Remedy. The SLA-compensation set out above will be your sole remedy for any interruptions in the Service. In case of a disagreement over the amount of the SLA-compensation payable to the Customer, Berget’s decision on the issue will be binding on the Parties until and unless a competent court rules otherwise.

8. Exemptions from Service Guarantee. The following situations will be exempt from Berget’s service guarantee and thus not subject to SLA-compensation:

  1. Scheduled interruptions and deployment of important security updates and patches.
  2. Force Majeure events.
  3. Failures caused by errors in Third-Party Products utilised by the Customer within the Service.
  4. Failures in products or services which are not part of the Service or provided by Berget.
  5. Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Service.
  6. Interruptions in the Service relating to the Customer’s violation of or failure to comply with these Terms or a User’s violations of the Acceptable Use Policy.
  7. Failures caused by hostile actions of third parties, such as denial-of-service attacks.
  8. Interruptions relating to actions Berget is obliged to take pursuant to applicable laws or Governmental Authority’s orders.
  9. Interruptions resulting from the Customer not having sufficient balance of Credits on the Account for the use of the Service at the time of the interruption.