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Order Form Terms and Conditions

These Appriss Retail Order Form Terms and Conditions (“Terms“) govern the purchase of one or more Appriss Retail Product(s) stated in an applicable Order Form (“Order“). These Terms and the Order are subject to the terms of the Master License and Services Agreement available here: https://apprissretail.com/mlsa/ (“MLSA”).

1. Subscription Terms

a. Subscription Terms. You hereby elect to purchase a subscription to the Products identified in the Order Form for the duration of the Term specified in the Order Form. Your subscription shall include only those Products, services, and features that are available in the selected Subscription Tier as of the date of the Order Form. Appriss Retail has the right to modify Subscription Tier Product offerings after the date of your Order. Any new products or services added to the Subscription Tier after the date of your Order Form shall be available for you to purchase at an additional cost. In the event the Order requires written agreement to renew, and the parties have not signed a written agreement, the Order Form shall transfer to a month-to-month agreement until the renewal agreement is signed.

b. Subscription Scope. Subscription pricing includes use of the Products up to the limits identified in the Order Scope stated in the Order. Should your usage exceed the Order Scope, additional charges may apply.

c. License Grant. Subject to the timely payment of all Fees and Client’s compliance with the terms of the Agreement, Appriss Retail hereby grants to Client, during the Order Form Term, a non-sublicensable, non-transferable and non-exclusive right to permit Authorized Users to access and use the Products licensed for the scope and purposes permitted under the Agreement. Appriss Retail will provide logins to Client’s instance of the Product within 30 days of the Term Start Date. Appriss Retail reserves all rights not expressly granted to Client hereunder.

d. Data Retention. Standard data retention for Secure Products (including Incident and Sidekick), is 13 months. Standard data retention for Engage Products is 2 years. Extended data retention may be purchased at an additional cost.

2. Fees

a. Set-Up Fees. Upon the Set Up Fee Invoice Date, Appriss Retail shall invoice you for the Set Up Fees stated in the Order Form. The Set-Up Fees are payable pursuant to the terms of the Agreement. Unless expressly modified in an applicable Order, the Set-Up Fee includes the standard implementation related activities stated here: [Insert link]. All Set-Up Fees are non-refundable. Any additional customization, integration, programming, or training are available for purchase at an additional cost.

b. Subscription Fees. Upon the Initial Subscription Fee Invoice Date, Appriss Retail shall invoice you for the Subscription Fees stated in this Order Form. The Subscription Fees are payable in advance in accordance with the terms of the Agreement. Subscription Fees are non-refundable and Appriss Retail has no obligation to reduce, refund or pro-rate any Subscription Fees for your delay in implementation of a Product.

c. Renewal Term Fees. Appriss Retail reserves the right to increase Subscription Fees annually during Renewal Terms. Appriss Retail will provide you with advance notice of any price increases applicable to the Renewal Term no less than 90 days prior to expiration of the then-current Term.

d. Delayed or Modified Implementation. The Set Up Fees are based on the current projected time and effort required to implement the purchased Products for you. Material Delays in implementation impact resource allocation and projected costs. As such, in the event you cause a Material Delay in implementation of any purchased Products, Appriss Retail may require additional set up fees to cover costs resulting from the delay. Any additional fees shall be mutually agreed upon in a subsequent change order or SOW. “Material Delay” shall be defined as a delay of more than 3 months from the initial agreed-upon implementation timeline, which shall be documented in writing.

3. Data Privacy and Security

a. Appriss Retail’s processing of your data shall be in compliance with Appriss Retail’s MLSA available here: https://apprissretail.com/mlsa/, DPA available here: https://apprissretail.com/dpa/, Security Terms available here: https://apprissretail.com/information-security-terms/, and Artificial Intelligence Terms available here: https://apprissretail.com/ai-terms/.

4. Product Specific Terms

a. Sidekick Credit Allotment. (Applicable to Sidekick) Your subscription includes the number of credits stated in the Tier purchased, as stated in the applicable Order. Credits are granted on an annual basis, and any unused credits will expire one year after issuance. You may purchase additional credits by contacting your Appriss Retail customer representative.

b. Sensitive Data Restriction. (Applicable to Sidekick, Incident, and Secure) Except for the Government issued identification that is collected as part of the non-receipted return verification process of Engage, the Appriss Retail Platform is not intended to process sensitive data. You are prohibited from inputting sensitive data elements into the Appriss Retail Platform, including but not limited to inputting into free text fields.

c. Engage Recommendations. (Applicable to Engage) You acknowledge that Appriss’ Engage recommendations are based on your data and may be influenced by your feedback or business requirements. You agree that you are solely responsible for employing appropriate human review of the recommendations and that you are solely liable for the actions you take in response to any particular consumer transaction request or dispute.