BloomReach Cloud (AWS)

This BloomReach Service Level Agreement (“SLA”) sets forth the service level terms and conditions for the BloomReach BloomReach Experience Manager Cloud (“Product”) and the Platform (defined below) provided by BloomReach to Customer during the term of the applicable Sales Order and Master Services/Subscription Agreement between BloomReach and Customer (“Agreement”) and is subject to such Agreement.  Capitalized terms not otherwise defined in this SLA have the meanings given in the Agreement. 

1. Availability.  BloomReach will use commercially reasonable efforts to make the Platform and Product available with an uptime of 99.99% within the deployed Amazon Web Services (AWS) region during each calendar month as measured and verified by Pingdom or other mutually agreed third-party monitoring agents (“Availability”) Platform Environment relates to the BloomReach cloud Platform which hosts the Customer Application Environments

2. Exclusions. Availability shall exclude, and BloomReach shall not be responsible for, any unavailability which occurs as a result of due to: (a) changes made to Customer Site(s) after initial implementation that cause the BloomReach product to cease working or to function improperly; (b) Customer Applications (c) addition to or modification of the Product (d) general internet problems, force majeure events or other factors outside of BloomReach’s reasonable control; (e) Customer’s equipment, software, network connections or other infrastructure; (f) non-production traffic (e.g. load testing, internal account traffic ); (g) development, testing, accepting or other non-production environments; or (h) third party systems, acts or omissions

3. Service Credits.  

(a) If there is a verified failure of the BloomReach Platform to meet Availability in a particular month and Customer makes a request for a service credit to [email protected] within ten (10) days after the end of such month, Customer will be entitled to a credit based on the monthly fees due for the affected BloomReach product in such month (“Service Credit”). The Service Credit will be calculated as follows:  

(b) Each Service Credit shall be applied to Customer’s next invoice, provided that Customer’s account is fully paid up, without any outstanding payment issues or disputes.  Should a Service Credit be earned in the final month of a Services Term provided to Customer, such credit will be applied against outstanding amounts due under the applicable Sales Order, and if no amounts are due, a refund of the credit amount shall be sent to Customer.

4. Recurring Outage. If the average monthly Availability of the Platform or Product is less than 98.0% for any two (2) consecutive months (a “Recurring Outage”), Customer may terminate the Product Subscription Term with written notice to BloomReach and such termination shall be effective as of the end of the calendar month following the month in which the Recurring Outage occurred, provided that Customer has given written notice within 10 days from the Recurring Outage, and shall be without liability, except all payment obligations incurred through the date of termination will remain due and payable. Only unavailability for which Customer is eligible for and has requested a Service Credit pursuant to the terms hereof to [email protected] will be counted towards a Recurring Outage.   For the avoidance of doubt, termination of the services term for any affected BloomReach product pursuant to this or another SLA does not affect any other services terms for BloomReach products in effect between the parties. In the event a BloomReach product is terminated by Customer due to a Recurring Outage, then BloomReach shall refund to Customer the pro-rata portion of any amounts actually paid to BloomReach for unused BloomReach product that is being terminated that correspond to periods following the effective date of such termination.

5. Exclusive Remedy.  Service Credits constitute liquidated damages and are not a penalty. Service Credits are Customer’s sole and exclusive remedies, and BloomReach’s sole and exclusive liability, for BloomReach’s failure to meet Availability.

6. Customer Support. BloomReach offers support services for the BloomReach products (“Support”) in accordance with the following terms.

A. Incident Submission and Customer Cooperation.  Customer may report errors or abnormal behavior in a BloomReach product (“Incident(s)”) by contacting BloomReach at the applicable email or phone number specified below. Customer will provide information and cooperation to BloomReach as reasonably required for BloomReach to provide Support, (for example: aspects of the BloomReach Product that are unavailable or not functioning correctly; Incident’s impact on users; start time of Incident; list of steps to reproduce Incident: relevant log files or data; wording of any error message; and Incident ID# (when specified by BloomReach).  

B. Support Hours and Incident Response.  BloomReach’s Support personnel will assign a priority level (“Priority Level”) to each Incident and seek to provide responses and updates based on the table below:

C. Additional Support Options

D. Eligible Support Items: Support allows BloomReach-certified developers to contact BloomReach with questions regarding the Product. Product Support includes the following:

• Guidance through Q&A around implementation and configuration
• Assistance with issues during installation/implementation
• Assistance with issues during upgrade
• Support with root cause analysis of issues
• Identifying and creating bug reports regarding the Product

E. Ineligible Support Items: Product Support does not include the following items:

• Feature requests or product improvements for the Product
• On-site support;
• Customer Applications 
• Customer Application Environments
• Non-English language support; 
• Remote maintenance;
• Support on versions of the Product that are end-of-life, beta, release candidate or development releases;
• Customized versions of the Product;
• Third-party application integrations or plugins that are not part of the Product. 
• Support for end-users;
• Support on deployment in on-premise infrastructure;
• BloomReach’s Additional Service such as:
  • Code or Architectural Reviews;
  • Onsite Consultancy;
  • Infrastructure Reviews;
  • System and Performance tuning; or
  • BloomReach Product and/or End-user Training.
• System and network load. In principle, the AUP does not impose any restrictions on system and network load caused by the Customer. Without prejudice to the AUP provisions, Customer is not permitted to use the Products in such a way that the Products, BloomReach and/or any third parties may suffer damage, or which causes a disruption in Availability.
• Excessive use. BloomReach nevertheless reserves the right to take measures in the event of excessive use, being use that is significantly higher than that of the average BloomReach customer, and in the event that there is a structurally excessive system and/or network load, Parties will start discussions about the costs involved.
   

7. Definitions

7.1. “Error” means where the Product is not, or not fully, performing according to the Documentation

7.2. “Update” means any modification to the Product that BloomReach makes available to its Customers generally and will be subject to this Agreement.

7.3. “Platform” means the set of cloud services provided by BloomReach, consisting of a number of hosted containerized environments that are designed to run the BloomReach Experience Manager (brXM) product. 

7.4. “Platform Environments” means containorized environment that is deployed on the Platform and is configurable by the customer and may consist of ‘Development’, ‘Testing’, ‘Acceptance’ and/or ‘Production’ environments, where the full Customer Application is run.

7.5. “Customer Applications” refer to the applications that are configured, run and managed by Customer on a Platform Environment. Ownership and management of the Customer Applications shall belong solely to the Customer, including security of such Customer Application in accordance with best recommended performance and security practices  and BloomReach’s published documentation and security guidelines located at https://documentation.bloomreach.com/library/about/why-hippo/security-features.html. BloomReach support may assist in troubleshooting the Customer Application for a fee subject to an Additional Services Sales Order, however, Customer Application errors are explicitly excluded from BloomReach obligations under this SLA. Examples include

1. Memory out of Exceptions, null pointer errors, etc
2. Incorrect file references *.css, *.ftl, etc
3. Incorrect distributions or war files or domain names, like war file name is “example”, while domain name is “examples”
4. Incorrect configurations in console or channel manager or content definitions
5. Customer Application Environment Security