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Clarity Product Appendix

Clarity Product Appendices Archive can be found here.

1. INITIAL PROVISIONS

1.1 This Clarity Product Appendix forms an integral part of the Sales Order and shall be read in conjunction with such Sales Order and the governing Agreement.

2. DEFINITIONS

2.1 “Bloomreach Services” means any products, services, professional services, or software provided by Bloomreach to Customer set forth in the applicable Sales Order.

2.2 “Document” means a data record that represents either a product, product variant, SKU, or content item being searched. The total Documents reflects the total number of data records within each Catalog. This count includes the additional Documents needed to support use cases where a single data record can become multiple Documents.

2.3 “Documentation” means any technical specification documentation, technical product descriptions, user guides and technical integration guides relating to the Bloomreach Services provided by Bloomreach to a Customer and/or published at https://documentation.bloomreach.com/.

2.4 “Message” means a communication from the Clarity conversation engine sent to a user in response to a user message or sent proactively.

2.5 “Monthly Unique Visitors” or “MUV” means the number of unique individuals that access the site(s) or applications(s). MUV is measured as the aggregate number of unique IDs in tracked events across web & app traffic per project, excluding campaign/ system events.

2.6 “Usage Allowances” means any limitations that Bloomreach Services are or may be subject to, including, but not limited to Messages, or any other limitations pursuant to the respective Sales Order or Documentation.

3. SERVICES 

3.1 Authorization. Customer may only utilize Bloomreach Services in accordance with the terms of the applicable Sales Order. Any additional or unauthorized use of Bloomreach Services is subject to additional fees and is done at the sole liability of Customer. Bloomreach shall not be liable and takes no responsibility for such use.

3.2 Customer shall be solely liable for the content of the Messages delivered to the Clarity conversation engine. 

3.3 Without prejudice to any other terms of the Agreement, by integrating a different product or service, including any third party service with Bloomreach Services, Customer authorizes Bloomreach to export Customer’s data including any Personal Data from Bloomreach to the respective product or service, and provide users of Customer with access to the respective product or service. 

3.4 Full provisioning of the Bloomreach Services requires Customer to keep the Bloomreach pixel updated and operational at all times. If Bloomreach notifies Customer in writing of an issue with the pixel and Customer does not resolve the issue within 30  days, Bloomreach may suspend the Bloomreach Services and/or charge Customer overage fees as set forth in the applicable Sales Order until the pixel is restored to proper working condition.

3.5 Provision of Services. Bloomreach may utilize the services of independent consultants and third-party contractors (the “Consultants”) from time to time to perform or assist Bloomreach in performing the Bloomreach Services.

3.6 Subcontractors. Customer acknowledges that that Bloomreach may use third party providers for the provision of Bloomreach Services. A detailed list of these providers is available here: https://www.bloomreach.com/en/legal/subprocessors. 

3.7 Hosting. Customer acknowledges that Bloomreach  uses Google Cloud for the hosting of Bloomreach Clarity. Customer agrees to be bound by the terms of Google Cloud available at https://cloud.google.com/terms/service-terms. 

3.8 EU Switching Services. If Customer resides in the European Economic Area as represented in the applicable Sales Order, Customer may have the option to provide notice to switch services in accordance with the EU Data Act. In the event Customer elects to exercise such right, Customer shall provide Bloomreach at least two months prior written notice (“Switching Notice Period”). After the expiration of the Switching Notice Period, Bloomreach shall provide reasonable assistance to Customer to export all exportable customer data for a period of 30 days (the “Transitional Period”).  Upon completion of the data transfer during the Transition Period, the applicable Bloomreach Services shall terminate by operation of law.  As permitted by the EU Data Act, Bloomreach may: (i) charge for certain activities performed at Customer’s request, such as delivering content in a specific format; (ii) apply permitted switching charges; and (iii) enforce reasonable and proportionate termination fees as set forth herein. If any part of the Bloomreach Services or the Agreement are terminated for any reason other than Bloomreach’s uncured breach, including by operation of law, Customer agrees that it shall remain responsible for all outstanding fees payable to Bloomreach for the Term and Bloomreach may declare all such fees immediately due and payable. If such termination is pursuant to this provision, Customer acknowledges and agrees that payment of all remaining fees for Bloomreach Services is reasonable and proportionate.

4. USAGE ALLOWANCES 

4.1 Exceeded Usage Allowance. Exceeding of the Usage Allowances may result in limitation or unavailability of the Bloomreach Services or be subject to additional Fees. Any service level commitments provided in the SLA shall not apply if Customer exceeds the contracted Usage Allowances.

4.2 Privacy Policy. Bloomreach’s Privacy Center, available at: https://www.bloomreach.com/en/legal/privacy, explains how Bloomreach collects, uses, and protects Customer information. By using Bloomreach Services, Customer agrees to the terms outlined therein.