ENGAGEMENT SERVICE LEVEL AGREEMENT

This Engagement Service Level Agreement (“SLA”) sets forth the service level terms and conditions for the Bloomreach Engagement pillar subscription services identified in the applicable Sales Order between Bloomreach and Customer (“Agreement”). This SLA is attached and forms an integral part of the Agreement concluded between Bloomreach and Customer.

1. UPTIME

1.1 During the Sales Order Term (“Term”) of the Agreement, Bloomreach shall guarantee Customer the monthly uptime percentage of the services as specified in the table below (“Guaranteed Uptime”). The Guaranteed Uptime applies exclusively to the software part of the services, namely the following elements: Bloomreach APP, API and CDN domains. The actual monthly Uptime Percentage of services is measured by a third party, Status Cake. Bloomreach reserves the right to change the monitoring tool.

1.2 If Bloomreach does not meet the Guaranteed Uptime and if Customer meets its obligations pursuant to Section 1.5 herein, Customer will be eligible to receive the Financial Credits described in the table below:

1.3 Customer shall have the right to terminate the Agreement during the Term if the Actual Monthly Uptime Percentage is below 91.99% for two consecutive months in any 12-month period and Customer has notified Bloomreach in every case in accordance with Section 1.5 herein that the Actual Monthly Uptime Percentage was below 91.99%. Customer shall have the right to receive a pro-rated refund of any Fees for services already paid for which fall in the period from the effective date of the termination.

1.4 Customer acknowledges and agrees that Financial Credits defined in Section 1.2 herein and the right to terminate the Agreement specified in Section 1.3 herein are the Customer’s sole and exclusive remedies for any failure by Bloomreach to meet any obligations arising out of this SLA.

1.5 In order to receive any of the Financial Credits described in Section 1.2 herein, Customer shall notify Bloomreach in writing by the 15th of the month following the month in which Guaranteed Uptime was not met. If Customer does not comply with this requirement, Customer will forfeit its right to receive Financial Credit. For the avoidance of doubt, the Financial Credits shall be calculated monthly.

1.6 The aggregate maximum number of Financial Credits to be issued per month by Bloomreach to Customer under this SLA is limited to the percentage of the monthly Fee for Subscription Services specified in the table below. Financial Credits will be made in the form of a monetary credit applied to the next invoice.

2. EXCLUSIONS

2.1 This SLA shall not apply to any of the following, and the Guaranteed Uptime does not include:

2a) system outages (i) due to changes in the services requested by the Customer, (ii) due to implementation of security patches, (iii) notified by Bloomreach 48 hours in advance.

2b) system outages caused by factors outside of Bloomreach reasonable control, and / or by malfunctions of systems operated by third parties (e.g. mailing, internet providers).

2c) errors (i) caused by factors outside of Bloomreach’s reasonable control; (ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors by Customer that violate the Agreement; and (iv) system outages caused by Bloomreach’s attempts to fix errors described in Section 2.1 (c) of this SLA.

3. SUPPORT

3.1 The Customer can contact Bloomreach Support as follows:

(a) via e-mail at [email protected] (or any other email address as may be indicated to the Customer in advance),

(b) via portal at support.bloomreach.com

(c) via messenger in the Bloomreach Engagement application (or any other tool/contacting channel as may be indicated to the Customer in advance).

3.2 Bloomreach shall provide a Response to the request within the Response Time described in the table below. Response Time is calculated within the specified time frame (8×5 or 24×7). Response Time differs depending on the type of support (Standard Support or Premium Support) the Customer is provided with based on the Agreement.

3.3 Bloomreach operates 24×7 on-call support for P1 requests (“On Call Support”). P1 request is defined in the table below. The Customer can contact On Call Support by phone at any of the following phone numbers: +441303761582, +19298225878, +420910880867 (or any other phone number as may be indicated to Customer in advance). Where telephone requests are made, Bloomreach shall provide a Response upon first calling. If Bloomreach does not answer the telephone request, Bloomreach shall call back and provide the Customer with a Response within the Response Time specified in the table below. This shall not apply if the Customer calls from a hidden/private number and Bloomreach is unable to call back.

3.4 Only a person authorized to act on behalf of the Customer can contact Bloomreach Support and/or On Call Support; Bloomreach shall be eligible to verify if such person has the authorization to act on behalf of the Customer. Bloomreach may reject requests made by a person not appointed by the Customer or who does not have the authorization to act on behalf of the Customer.

3.5 Customer may mark its requests with the respective priority level described in the table below, which it considers to be applicable. The final classification of Customer’s request as P1, P2 or P3 is then conducted by Bloomreach based on the nature and description of the request according to the table below.

* The Agreement shall specify what type of support the Customer is provided with.

3.6 Customer’s shipping address identified in the Agreement sets forth the timezone in which Bloomreach will provide Support (Supported Time Zones), unless otherwise agreed in writing between the parties:
Supported Time Zones:
CET/CEST – Central European Time; GMT/BST – Greenwich Mean Time; EST/EDT – Eastern Standard Time; CST/CDT – Central Standard Time; MST/MDT – Mountain Standard Time; PST/PDT – Pacific Standard Time

3.7 If Customer’s shipping address identified in the Agreement is not within one of the regions identified above, Customer’s Support will be CET/CEST unless otherwise agreed in writing between the Parties.

4. DEFINITIONS

4.1 Capitalized words not defined herein shall have the meaning ascribed to such words in the Agreement.

4.2 In this SLA, the following terms have the following meanings: