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