Umowa o poziomie usług (SLA)

This Service Level Agreement ("SLA") forms part of the Agreement between Virbe sp. z o.o. ("Virbe") and the Customer under the Terms of Service (https://virbe.ai/terms). Capitalised terms have the meanings given in the Terms. Higher or different service levels may be agreed in an Enterprise Agreement, which then prevails.

1. Scope

1.1. This SLA applies to paid Plans in the Virbe-Hosted mode, from the start of the paid Subscription Term.

1.2. It does not apply to free Plans and trials, Beta Features, Customer-Hosted deployments (whose availability depends on the Customer's infrastructure), the Kiosk hardware, or Third-Party Services.

2. Availability commitment

2.1. Virbe will use commercially reasonable efforts to make the Covered Services available at least 99.5% of the time in each calendar month ("Monthly Availability").

2.2. "Covered Services" means the Virbe Hub endpoints that receive and process conversations from the Widget, the Kiosk Application and the APIs, and the Dashboard.

2.3. Monthly Availability is calculated as: (total minutes in the month − minutes of Unavailability) ÷ total minutes in the month × 100%.

2.4. "Unavailability" means a period of at least 5 consecutive minutes during which the Covered Services fail to respond to properly formed requests for all of the Customer's Customer Agents, as measured by Virbe's monitoring systems, excluding the events in Section 3.

3. Exclusions

Unavailability does not include periods caused by:

• (a) scheduled maintenance announced at least 48 hours in advance in the Dashboard or by e-mail, in total not more than 4 hours per month and, where possible, carried out outside business hours in Poland;
• (b) emergency maintenance needed to address an urgent security vulnerability, limited to what is necessary;
• (c) outages, latency or errors of Third-Party Services or of AI models, speech engines or other services of third-party providers, including those provided by Virbe as an intermediary, except to the extent caused by Virbe;
• (d) the Customer's or End Users' networks, devices, browsers, Kiosks, websites or configuration, including webhooks and custom endpoints;
• (e) use of the Services in breach of the Agreement, or suspension in accordance with the Terms;
• (f) usage above the limits of the Plan or the rate limits described in the Documentation;
• (g) events of force majeure as described in the Terms, including large-scale failures of the internet or of the hosting provider's region that Virbe could not reasonably avoid;
• (h) the incorrect behaviour or inaccuracy of Outputs (model errors), which does not constitute Unavailability.

4. Service credits

4.1. If Monthly Availability falls below the commitment, the Customer is entitled to a service credit calculated as a percentage of the Fees paid for the Covered Services for the affected month:

4.2. To receive a credit, the Customer must request it at [email protected] within 30 days after the end of the affected month, indicating the dates and times of the Unavailability. Virbe confirms or rejects the request, with reasons, within 30 days.

4.3. Credits are applied against future invoices or charges and are not paid out in cash. Total credits for a month may not exceed 25% of the Fees for that month. Credits are not available to Customers with overdue Fees.

4.4. Service credits are the Customer's sole and exclusive financial remedy for failure to meet the availability commitment, without prejudice to Section 17.1 of the Terms and to the Customer's right to terminate under Section 18.3 of the Terms. If Monthly Availability is below 95.0% in two consecutive months, this is considered a material breach for the purposes of Section 18.3 of the Terms.

5. Support

5.1. Support is available by e-mail at [email protected] and through the channels shown in the Dashboard, on business days in Poland from 9:00 to 17:00 Polish time.

5.2. Virbe aims to respond to support requests within the following target times, measured within support hours:

5.3. Target response times are objectives, not guarantees of resolution, and are not subject to service credits. Support does not cover the design of Customer Agents, prompt engineering, Knowledge Base content or Third-Party Services, which may be provided as professional services.

6. Status and incident information

Virbe informs Customers of significant incidents affecting the Covered Services, and of scheduled maintenance, through the Dashboard or by e-mail, and provides a summary of the cause and remedial actions for incidents that caused Unavailability exceeding 4 hours on request.