Service Availability and Support Schedule

Overview

This Schedule sets forth Appriss Retail’s (“Company”) service availability commitments, incident response priorities, support services, and training obligations applicable to Client as specified in the applicable Order Form. This Schedule supersedes all prior versions of the Service Availability Schedule and Training and Support Schedule and consolidates them into a single unified document.

1. Ways to Contact Us

All support requests — regardless of priority level — must be submitted through the Appriss Retail Support Portal:

Support Portal: https://support.apprissretailcloud.com (available 24x7x365)

For P1 – Critical incidents, submit a ticket through the portal at any time. Company maintains 24/7 Level 1 support coverage and will escalate to on-call resources for all P1 incidents, including those submitted outside of Business Hours.

2. Hours of Operation

a. Standard Support Hours

Standard support is available Monday through Friday, 9:00 AM to 5:00 PM Eastern Time, excluding US public holidays (“Business Hours”). This applies to P2, P3, and P4 priority levels.

b. P1 – Critical Incidents (24/7 Coverage)

P1 – Critical incidents may be submitted through the Support Portal at any time. Company maintains 24/7 Level 1 support coverage. All P1 tickets submitted outside of Business Hours are actively monitored and will result in engagement of on-call resources.

c. Portal Availability

The Support Portal is available 24x7x365 for ticket submission, status tracking, and all support communications across all priority levels.

3. Service Availability

a. Uptime Commitment

Company will make commercially diligent efforts to maintain the Appriss Retail Platform and applicable Module(s) at no less than ninety-nine and 7/10ths percent (99.7%) availability (“Uptime Availability”) during each month of the Initial Term and any Renewal Terms, excluding Scheduled Maintenance (which shall not occur between the hours of 6:00 AM and 9:00 PM Pacific Time) and Exclusion Events as defined in Section 7.

b. Service Level Credits

In the event that the Module(s) fail to achieve Uptime Availability during any month of the Term, Client shall be entitled to a credit of monthly fees according to Table 1 below (“Service Level Credit”).

c. Credit Request Process

To receive a Service Level Credit, Client must submit a written request no later than sixty (60) days following the month in which the non-conformity occurred. Service Level Credits are Client’s sole monetary remedy for any Service Commitment failure.

4. Incident Priority Levels and Response Times

For all incidents reported by Client or independently identified by Company, Company will strive to provide a First Response based on the priority level defined in Table 2 below. Priority classification shall be determined by Company’s support engineering team using reasonable commercial judgment.
Response time targets apply during Business Hours for P2–P4. P1 targets apply 24/7 — submit P1 tickets through the Support Portal at any time.

Note: Response time commitments represent the time from receipt of a reported incident to First Response (as defined in Section 11). These commitments do not constitute a guarantee of Remediation within the same timeframes. Company will communicate progress and work diligently toward timely Remediation in all cases.

5. Escalation Procedure

In the event of concerns regarding the pace or quality of support, Client may escalate as follows:

a. 1st Level of Escalation

Customer Support Manager

b. 2nd Level of Escalation

Customer Success Manager and/or Customer Account Manager

c. 3rd Level of Escalation

VP of Customer Support

Company and Client shall each maintain and share at least three levels of escalation contacts (including name, title, email address, and mobile/office numbers) through VP levels. Escalation contacts shall be exchanged at the time of contract execution and updated as needed.

6. Chronic Termination Rights

Client may, upon ten (10) days prior written notice to Company, elect to terminate the applicable Order Form without liability, charge, or penalty under the following circumstances:

a. Service Level Deficiency

The Module(s) fail to comply with the Service Availability Level for three (3) consecutive months, as established by Company’s IT records.

b. Incident Response Deficiency

Four (4) or more P1 or P2 incidents fail to meet target response times for three (3) consecutive months, as established by Company’s IT records.
Chronic termination rights must be exercised within sixty (60) days of the last month containing a qualifying deficiency.

7. Exclusion Events

Company will not be responsible for downtime or Service Level deficiency resulting from any of the following (“Exclusion Events”):

1. Failure of any component not under Company’s control, including but not limited to third-party AI foundational models incorporated into the Products, Client-provided or Client-managed power sources, networking equipment, computer hardware, software, or internet and telecommunications access;
2. Acts of God, war, insurrection, terrorism, riot, strikes, interruption of power or communications service, or other causes beyond Company’s reasonable control;
3. Client-initiated changes, whether implemented by Client directly or by Company on Client’s behalf;
4. Viruses, except where downtime results from failure to apply a generally available and approved remedy or patch within twelve (12) hours of a documented outbreak;
5. Operating system software revisions or hardware/software configurations that are not tested and approved by Company;
6. Client’s failure to adhere to Company’s change management processes and procedures;
7. Acts or omissions of Client, its employees, agents, or third-party contractors (other than Company);
8. Corrupt or incorrectly formatted Client data; or
9. Failures that cannot be remediated because Client is inaccessible.

8. Support Services

a. Generally

Subject to payment of the applicable Subscription Fee, Company agrees to provide Client with the maintenance and technical support services described in this Section (“Support Services”). Unless otherwise agreed in writing, Support Services consist of 2nd and 3rd Line Support during Business Hours for defects in software used to perform the Services and for user requests that cannot be resolved by Client’s trained 1st line support staff.

b. Support Portal

Company’s technical support staff will provide Client 24x7x365 access to the Support Portal at https://support.apprissretailcloud.com for submission of all software (non-service-availability) issues and questions. Tickets will be processed based on their assigned priority level as defined in Section 4. Client may view ticket status at any time through the portal.

c. Training and Business Process Issues

Issues related to training, business process questions, general end-user system use, or other non-defect matters are not considered support issues and will be escalated to the User Consultant team. If the associated effort falls outside the scope of the Client’s Module-specific Customer Assurance Program, the hours may be billable to Client at the then-current consultant rate.

d. Enhancement Requests

Issues identified as enhancement requests will be escalated to the Customer Success Manager to determine whether Client wishes to proceed with a formal estimate or Statement of Work. The CSM will coordinate with development operations and Client to scope the effort and applicable fees.

e. Tracking

Company will track and log all Support Services requests and provide Client a secure means of contacting Company during Business Hours to inquire about any request.

9. Training

a. Initial Training

Company will conduct administration and analyst training on the use of the applicable Module(s) during the Implementation process. Up to twenty (20) hours of post-implementation training and consultancy will be provided within the three (3) months following production availability. Up to eight (8) hours of end-user training will also be provided, delivered either as direct training or as a train-the-trainer session.

b. Additional Training

Additional training beyond the hours specified above may be arranged through the Customer Success Manager at mutually agreed costs. Client is responsible for developing and maintaining any internal training materials, training videos, or other resources for its employees.

10. Updates and Custom Services

a. Software Updates

Company will make available regular releases of updated software to its customers. Updates include enhancements and other changes to the Appriss Retail Platform or Module(s) covered under Client’s license. Release notes will accompany each update. Features delivered in an off state require Client to open a support case to enable them.

b. Custom Services

If Client requests Support Services not covered by this Schedule (“Custom Services”), the parties will negotiate in good faith on an agreement that describes the Custom Services and the fees applicable to those services.

11. Definitions

Availability / Available: Access to the Appriss Retail Platform and applicable Module(s) through Company’s provided user interface.

Business Hours: Monday through Friday, 9:00 AM to 5:00 PM Eastern Time, excluding US public holidays.

Exclusion Event: Any event described in Section 7 of this Schedule.

First Response: Occurs when an incident has been reported by Client and the Company technician assigned to the case commences efforts to diagnose the issue.

Incident: A technical problem in the accessibility or performance of the Appriss Retail Platform or Module(s) that is under Company’s control. Incidents do not include problems caused by Exclusion Events.

Remediation: The state in which a reported Incident has been sufficiently addressed that Client is able to resume normal or near-normal business operations, whether through a hotfix, workaround, configuration change, or other interim measure. Remediation does not require full resolution of the underlying root cause.

Response Time: The time between Company’s receipt of Client’s notification of an incident and First Response.

Scheduled Maintenance: Planned maintenance windows, which shall not be scheduled between 6:00 AM and 9:00 PM Pacific Time.

Service Level Credit: A credit against Client’s monthly fees as set forth in Table 1 of Section 3.

Support Portal: The Appriss Retail customer support portal, accessible at https://support.apprissretailcloud.com, through which all support requests must be submitted.

Uptime Availability: The percentage of time in a given calendar month during which the Platform and applicable Module(s) are Available, excluding Scheduled Maintenance and Exclusion Events.

12. Version History

Appriss Retail — Confidential and Proprietary. This document is incorporated by reference into the applicable Master License and Services Agreement or Order Form.