Discovery Product Appendices Archive can be found here.

1. INITIAL PROVISIONS.

1.1 This Discovery 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 “Additional Services” means all additional services provided by Bloomreach to Customer other than those included with the Bloomreach Services, limited to integration services, professional consulting service hours and training purchased in the applicable Sales Order, and excludes load/performance testing, and products and services provided on a subscription basis.

2.2 “API” means any http GET request made to Bloomreach Discovery module endpoints.

2.3 “Catalog” means a collection of Documents specific to a single language. Each language requires its own Catalog.

2.4 “Contractors” means Customer’s independent contractors and consultants.

2.5 “Document” (also referred to as “Indexed Products”) 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.

2.6 “Domain” means the web or other digital pages under the domain(s) specified in the applicable Sales Order for display on the supported devices, native applications and other platforms specified in the Sales Order.

2.7 “Event” means any user interaction with content processed, tracked or generated in connection with the Bloomreach Services, including but not limited to email or SMS notifications, page visits, transactions or data input.

2.8 “Maximum Event Storage” or “MES” means the maximum amount of data points (Events) attached to the Account that can be stored in the Bloomreach platform at any given time.

2.9 “Monthly Processed Events” or “MPE” mean all data points (Events) attached to the Account created via API or any other import source in the respective calendar month.

2.10 “Site Page View” means an instance of a webpage loaded (or reloaded) in a browser for a specific site or device.

2.11 “Territory” means (i) the European Economic Area and the UK if the applicable Sales Order is entered into with Bloomreach B.V.; or (ii) the United States of America if the applicable Sales Order is entered into with Bloomreach, Inc.

2.12 “Usage Allowances” means any limitations that Bloomreach Services are or may be subject to, including, but not limited to, MPE, MES, the maximum Event capacity, limit of data queries, the number of users, campaign actions contacts, emails/SMS, IP addresses, scenarios, imports or any other limitations pursuant to the respective Sales Order or Documentation.

3. DISCOVERY SUBSCRIPTION SERVICES

3.1 Availability. Bloomreach will provide Bloomreach Services in the Territory. The Bloomreach Services shall be made available by Bloomreach subject to any unavailability caused by any computer, communications, internet service or hosting/mailing facility failures.

3.2 Subcontractors. If Bloomreach provides hosting services to the Customer under an applicable Sales Order, Customer acknowledges that Bloomreach uses a third-party provider for said services, whose details are available in the following list: https://www.bloomreach.com/en/legal/subprocessors. Customer acknowledges that Bloomreach uses Google Cloud for the hosting of Bloomreach Discovery. Customer agrees to be bound by the terms of Google Cloud available at https://cloud.google.com/terms/service-terms.

3.3 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.

4. RESTRICTIONS AND RESPONSIBILITIES.

4.1 Customer will not, directly or indirectly, during, or after a Term: (a) attempt to download or access the Bloomreach Services (other than remote access to functionality of the software provided through the Bloomreach Services), and/or (b) make the Bloomreach Services available to any third party by sublicense, lease, sale, transfer, or any other means, and/or

4.2 Customer agrees that it will: (a) coordinate with Bloomreach following integration to address any service or technical issues, including ensuring that each Domain is functional, accessible to the public and crawlable by search engines and Bloomreach; (b) provide Customer product feeds in the format specified by Bloomreach and as applicable to the Bloomreach Services; (c) use the Bloomreach Services solely to conduct and support its normal business operations; and (d) ensure each Domain will contain a conspicuous privacy policy that complies with all applicable law, that (i) accurately and completely discloses Customer’s privacy and data collection practices, and (ii) clearly discloses that third party service providers may be placing and using cookies on users’ browsers, or using web beacons or other methods to collect information, in the course of providing services.

4.3 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 the Customer exceeds the contracted Usage Allowances.

5. ADDITIONAL SERVICES.

5.1 The scope of Additional Services shall be as set forth in a Sales Order, which shall reference the Agreement and describe the work to be performed and any applicable fees. Customer’s use of Additional Services will be solely for support of the authorized Bloomreach Services outlined in the applicable Sales Order and subject to the terms of the Agreement.