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Draft for review by legal counsel — not yet in force.

Service Level Agreement and Refunds

An honest description of what availability birden aims for during the beta, what is excluded, how we communicate incidents, and how refunds for paid plans will work. It is part of the Terms of Service.

Operator
WHILETRUE LLP, BIN 250640007871, [Registered address, Republic of Kazakhstan]
Last updated
2026-10-05
Effective date
[Effective date]

1.Scope and beta status

1.1This Service Level Agreement (the "SLA") applies to production URLs of projects on the birden Service: the hostname <project>.apps.birden.kz and custom domains attached to a project.

1.2The SLA does not apply to preview deployments, the dashboard (app.birden.kz), the API (api.birden.kz), build execution times, or document storage performance, although the Operator monitors all of them.

1.3The Service is in public beta. During the beta the availability target below is a goal the Operator works towards and reports on; it is not a contractual guarantee and no service credits are paid. The SLA will be revised when paid plans launch.

2.Definitions

2.1"Monthly Availability" means the percentage of minutes in a calendar month during which production URLs were able to serve requests, calculated as (total minutes − Downtime minutes) ÷ total minutes × 100.

2.2"Downtime" means a period of at least 5 consecutive minutes during which production URLs of several customers return errors or time out because of a failure of the Service, as measured by the Operator's monitoring.

2.3"Scheduled Maintenance" means maintenance announced in advance in accordance with section 5.

2.4"Incident" means an unplanned event that causes Downtime or a material degradation of the Service.

3.Availability target

3.1The Operator targets a Monthly Availability of 99.5% for production URLs. This corresponds to no more than about 3 hours 39 minutes of Downtime in a 30-day month.

3.2The Operator publishes the measured Monthly Availability for the previous month on request and, when a status page is available, at [status page URL].

3.3Production routing is designed so that a failed build or deployment never replaces the current production deployment; a failure of the build pipeline therefore does not count as Downtime of production URLs.

4.Exclusions

4.1The following do not count as Downtime:

  • errors, slowness or crashes caused by the Customer's application code, dependencies, configuration, environment variables or exceeding plan limits;
  • failed builds, build queue waiting time and preview deployments;
  • problems with the Customer's DNS, domain registration, expired domains or incorrect CNAME/TXT records;
  • suspension of the Customer's account or project under the Terms of Service or the Acceptable Use Policy;
  • Scheduled Maintenance;
  • outages of third-party services the Customer depends on (GitHub, external APIs, payment providers);
  • denial-of-service attacks or other abuse directed at the Customer's site, to the extent the Operator takes reasonable measures to mitigate them;
  • failures of the infrastructure provider or of public communication networks in the Republic of Kazakhstan outside the Operator's reasonable control, and force majeure.

5.Maintenance windows

5.1Scheduled Maintenance is performed, where possible, between 02:00 and 06:00 Astana time (UTC+5) and is announced at least 48 hours in advance by email to the account address and in the dashboard.

5.2The Operator aims to keep production URLs available during maintenance. Where an interruption is unavoidable, the announcement states the expected duration. Scheduled Maintenance is limited to 8 hours per calendar month.

5.3Emergency maintenance needed to fix a security vulnerability or to prevent an imminent outage may be performed without 48 hours' notice; the Operator informs customers as soon as practicable and reports afterwards.

6.Incident communication

6.1The Operator acknowledges an Incident on the status page [status page URL] or by email within 60 minutes of detection and posts updates at least every 2 hours until resolution.

6.2For Incidents causing more than 60 minutes of Downtime the Operator publishes a post-incident summary within 5 business days: what happened, how long it lasted, which customers were affected, and what will be changed to prevent recurrence.

6.3Customers can report suspected Incidents at support@birden.kz. During the beta, support operates on business days in the Republic of Kazakhstan; a 24/7 channel will be offered with the Dedicated plan.

7.Service credits

7.1No service credits are provided during the beta.

7.2When paid plans launch, the Operator intends to introduce credits for Starter, Pro and Business plans when Monthly Availability falls below 99.5%, in the form of a percentage of the monthly fee credited against the next invoice. The credit schedule will be published in this document at least 30 days before it takes effect.

7.3The Dedicated plan has an individually agreed SLA with availability commitments and credits set out in the contract.

8.Refunds for paid plans

8.1This section takes effect when paid plans launch. It is drafted with reference to the Law of the Republic of Kazakhstan "On Protection of Consumer Rights" and the Civil Code of the Republic of Kazakhstan; the final wording is subject to review by legal counsel.

8.2First purchase: a Customer who purchases a paid plan for the first time may request a full refund of that first monthly payment within 14 calendar days of payment, for any reason, provided the account has not been suspended for violating the Acceptable Use Policy.

8.3Renewals: subsequent monthly payments are not refunded when the Customer cancels, except where the Service was unavailable for reasons attributable to the Operator for more than 24 hours in total during the paid period, in which case the Customer may request a pro-rata refund for the days of unavailability.

8.4Service discontinuation or termination by the Operator without the Customer's fault: the unused part of the prepaid period is refunded in full.

8.5Refunds are made to the same payment method within 10 business days of approval. For legal entities paying by invoice, refunds are made by bank transfer against a corrective document.

8.6Consumers retain all rights granted by the legislation of the Republic of Kazakhstan that cannot be limited by this document.

9.How to request a refund or report an SLA breach

9.1Write to support@birden.kz from the email address of the account. Include the account email, the plan, the payment date or the period in question and, for SLA reports, the affected project and the times you observed the problem.

9.2The Operator confirms receipt within 3 business days and decides on the request within 10 business days. Where the request is declined, the reply states the reason and the way to appeal.

10.Changes

10.1The Operator may update this document. The current version is published at birden.kz/legal/sla with the date of the last update. Changes that reduce the availability target or the refund rights are announced at least 30 calendar days in advance.