Terms and Conditions for the Use of Shopware Deep Search powered by Nosto

Terms and Conditions for the Use of Shopware Deep Search powered by Nosto

Scope and Structure of the Agreement

These Terms and Conditions (“Terms”) govern your (“Customer”, “you”, “your”) access to and use of the services provided by Nosto Solutions Ltd., a Finnish limited liability company (business ID 2418911-9) (“Nosto”), which are made available to you by Shopware AG, as an authorized reseller of Nosto’s services (“Shopware”, “we”, “us”, “our”).

These Terms, together with any applicable offer, order form, or similar document and all referenced appendices, constitute the complete agreement (“Agreement”) between Shopware and the Customer (each a “Party”, and together the “Parties”) regarding the Customer’s use of the Nosto Services provided via Shopware.

Shopware reserves the right to update or amend these Terms from time to time, provided that such changes do not materially alter the original purpose or balance of the Agreement. Any material changes will be communicated to the Customer in writing or by email. Unless otherwise agreed, such changes shall take effect no earlier than thirty (30) days after the Customer has been informed. Continued use of the Services after this period constitutes acceptance of the updated Terms.

For the avoidance of doubt, these Terms apply exclusively between the Customer and Shopware. Nosto is not a party to this Agreement, and no contractual relationship is established between the Customer and Nosto under these Terms.

In addition to these Terms, the General Terms and Conditions of Shopware AG (“Shopware GTC”), available at Terms and Conditions of shopware AG | Shopware apply to this Agreement unless otherwise expressly provided herein. In the event of any conflict between these Terms and the Shopware GTC, these Terms shall take precedence with respect to the Customer’s use of the Nosto Services provided by Shopware.

By accessing or using the Nosto services made available through Shopware, the Customer agrees to be legally bound by these Terms.

1. Definitions

1. "Acceptable Use Policy of Nosto" (AUP of Nosto) means guidelines that govern the Customer’s use of the Nosto Platform, as available under

   https://www.nosto.com/legal/terms-conditions-aup/(as may be updated from time to time by Nosto in its sole discretion).

2. "Customer Data" means any data created, delivered, or input by the Customer or its End Users into the Nosto Platform.

3. “Customer Properties” (also, “Online Store”) means Customer’s websites, apps, or other offerings owned and operated by (or for the benefit of) Customer where Customer uses the Nosto Platform.

4. “End User” means an individual who, subject to the terms of this Agreement, is authorized by Shopware or Customer to access the Nosto Platform or support services, and to whom Customer (or Nosto at Shopware’s request) has supplied a user identification and password. End Users may include only Customer’s employees, officers and (provided they are legally bound by written agreements or are otherwise legally bound to comply with Customer’s obligations pursuant to this Agreement) Shopware’s or Customer’s consultants, contractors and agents.

5. “GMV” (also “Online Sales”) means the gross revenue (including tax) received by the Customer from the purchases made on the Customer Online Store. For the avoidance of doubt, no potential or actual refunds or cancellations shall be deducted from the gross revenue.

6. “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, design rights, database rights in computer software, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

7. “Nosto Marks” means the marks at https://www.nosto.com/brand-assets/ and any other trademark, service mark, trade name, logo, domain name or other indicator of source, affiliation or sponsorship, whether registered or unregistered, of Nosto.

8. “‘Nosto Platform’ (also, the ‘Services’) means the software-as-a-service platform, products, and services of Nosto, including but not limited to personalization, search, and merchandising functionalities, as well as any branded solutions provided by Shopware based on Nosto’s technology, including Shopware Deep Search powered by Nosto, as described on:

   Shopware Deep Search powered by Nosto | Shopware

9. “Nosto Properties”

   means any and all of the Nosto Platform, Nosto Marks, marketing materials, Nosto’s confidential information, APIs (application programming interfaces), and other technologies.

10. “Oder Form” means an order form between Shopware and the Customer in connection with the provision of Nosto’s Platform by Shopware to the Customer.

11. “Third Party Materials” means all materials and information in any form or medium, including any open source programs or other software, documents, data, content, specifications, products, equipment or components of or relating to the Nosto Platform, that are not proprietary to Nosto or Shopware.

12. “Sensitive Personal Information” means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS”); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”)in case this legal act would be applicable; or (iii) any other personal data deemed to be in a “special category” (as identified in EU General Data Protection Regulation or any successor directive or regulation).

13. "Service Level Agreement of Nosto" (SLA of Nosto) describes the service commitments and performance standards to be found under as amended from time to time in Nosto’s sole discretion and available at https://www.nosto.com/legal/terms-conditions-sla. For the avoidance of doubt, the Service Level Agreement of Nosto shall apply exclusively between Shopware and the Customer. Shopware shall bear sole responsibility for ensuring that Nosto duly performs and complies with all obligations arising under said SLA.

14. "Visitors" means any people who access, use or visit the Customer Properties.

2. License and Use Rights

2.1 Subject to Shopware’s confirmation of your registration by Nosto and your timely payment of all fees under this Agreement, Shopware grants you a non-exclusive, non-transferable, revocable, non-sublicensable, limited license to access and use the Nosto Platform, including Shopware Deep Search powered by Nosto, solely for your internal business purposes and in accordance with this Agreement.

2.2 You and your End Users may not: (a) Copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit, or distribute any part of the Nosto Platform; (b) Circumvent or modify the Nosto Platform to avoid obligations under this Agreement; (c) Use the Nosto Platform for unlawful purposes or in violation of applicable third-party platform terms; (d) Access the Nosto Platform to build or develop a competing product or service; (e) Obtain or assist others in obtaining unauthorized access to the Nosto Platform; (f) Reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive source code from the Nosto Platform; (g) Alter or remove any proprietary notices, marks, or branding (including Nosto Marks) displayed in the Nosto Platform; (h) Engage in activities that infringe, misappropriate, or otherwise violate any intellectual property or legal rights of any person, or violate any applicable laws; (i) Bypass, disable, or interfere with technical or contractual restrictions imposed by Shopware or Nosto.

2.3 You acknowledge that all intellectual property rights in the Nosto Platform and related materials remain the sole property of Nosto or its licensors. No ownership rights are transferred to you under this Agreement.

2.4 Compliance with the Acceptable Use Policy (AUP) of Nosto forms an integral part of this Agreement with Shopware. You are directly responsible towards Shopware for ensuring that both you and your End Users fully comply with the AUP as updated from time to time. Any breach of the AUP constitutes a breach of this Agreement.

2.5 You and your End Users receive no rights beyond those expressly granted under this Agreement.

2.6 Any use of third-party materials included in or accessed through the Nosto Platform is subject to the applicable third-party license terms, and you must comply with those terms.

3. Obligations

3.1. Customer Obligations

3.1.1 The Customer shall use the Services in compliance with:

• Applicable laws, including data protection regulations (e.g., GDPR);

• The Acceptable Use Policy of Nosto;

• The terms of this Agreement.

3.1.2 The Customer is solely responsible for:

• The accuracy and legality of any Customer Data submitted via the Services;

• Obtaining all legally required consents from End Users, Visitors, and customers of the Customer’s Online Store, including consents for data processing by Shopware and Nosto;

• Providing legally compliant privacy notices on its Online Store;

• Implementing appropriate technical and organizational measures to secure Customer Data;

• Ensuring that End Users comply with the terms of this Agreement.

3.1.3 The Customer shall not:

• Resell, sublicense, or otherwise make the Services available to third parties without prior written consent of Shopware;

• Use the Services in violation of applicable laws or third-party rights;

• Process Sensitive Personal Data via the Services unless explicitly permitted by law and with prior written agreement with Shopware.

3.1.4 The Customer shall indemnify Shopware in accordance with the indemnification provisions of this Agreement.

3.2. Shopware’s Obligations

3.2.1 Shopware shall provide the Customer with access to the Nosto Platform as described in this Agreement, subject to the Customer’s timely payment of applicable fees and compliance with this Agreement.

3.2.2 Shopware shall be responsible for providing the Customer with the necessary instructions to download and install the Shopware plugin required to enable the Nosto Services on the Customer’s Online Store. Shopware shall further ensure that, after successful installation, Nosto provides the operational onboarding support required to activate and configure the Nosto Services. For the avoidance of doubt, all onboarding obligations towards the Customer under this Agreement are obligations of Shopware, even if Nosto performs them on Shopware’s behalf.

3.2.3 Shopware shall coordinate with Nosto to ensure that support services are provided in accordance with the applicable Service Level Agreement.

3.2.4 Shopware shall inform the Customer of material changes to the Nosto Services, terms of service, or pricing, if and to the extent such changes are communicated to Shopware by Nosto.

3.2.5 Shopware shall use commercially reasonable efforts to ensure that Nosto provides the Services in accordance with the agreed Service Level Agreement.

2.2.6 Shopware shall process Customer Data in compliance with applicable data protection laws and shall maintain the confidentiality of Customer Data and any other confidential information disclosed by the Customer, unless otherwise required by law or as necessary to perform its obligations under this Agreement.

4. Support Services

4.1. Shopware remains the Customer’s contractual contact for all support and service level obligations. Nosto provides operational delivery of the Services on behalf of Shopware, including maintaining a Monthly Uptime Percentage defined in the SLA of Nosto of 99.5%.

4.2. The Customer acknowledges that the SLA of Nosto includes certain exclusions from the Monthly Uptime Percentage calculation, including issues caused by third-party software, hardware, or internet service providers, as specified in the SLA of Nosto.

4.3. If the Monthly Uptime Percentage falls below the thresholds defined in the SLA of Nosto, the Customer shall be eligible to receive Service Credits from Shopware in accordance with the SLA of Nosto.

Support Process and Customer Obligations

4.4 Customer Support Requests and Cooperation

(a) How to Request Support The Customer must submit support requests by email to support@nosto.com. The request must include:

• A clear subject line describing the issue (e.g., “SLA Credit Request” if applicable);

• The dates and times of the issue or outage;

• A detailed description of the problem, including its impact on the Customer’s operations;

• Any available logs, screenshots, or error messages (with confidential data removed or anonymized).

For the avoidance of doubt, contacting Nosto’s support does not establish any contractual relationship between the Customer and Nosto. Shopware remains the sole contractual party responsible for providing support and handling any claims under this Agreement, even if Nosto performs operational support on Shopware’s behalf.

(b) Cooperation Obligation The Customer agrees to:

• Provide timely responses to Shopware’s or Nosto’s support team inquiries;

• Follow reasonable instructions, including temporary workarounds if available;

• Allow Shopware and Nosto to verify the reported issue.

(c) Deadlines for SLA Credit Requests SLA Credit Requests must be submitted within 30 days after the incident occurs. Late submissions will not be eligible for Service Credits.

5. Customer Data and Information

5.1 When you use the Services, information from your Online Store may be automatically collected and processed on Nosto’s servers, which may be hosted by third-party providers such as Amazon Web Services. In this context, Shopware acts as the primary data processor, and Nosto acts as a sub-processor engaged by Shopware. Shopware’s Data Processing Agreement (DPA), available at Privacy | Shopware, applies with the clarification that Nosto operates as Shopware’s sub-processor when Shopware processes your Customer Data on your behalf. The Customer is responsible for informing its End Users accordingly about this data processing framework.

5.2 You grant Shopware and its sub-processors, including Nosto, a non-exclusive, worldwide, royalty-free license to access, display, store, copy, and otherwise process your Customer Data as necessary to provide the Services.

5.3 The Customer agrees not to process or store Sensitive Personal Information - including but not limited to payment card data or health records - on or through the Nosto Platform, unless explicitly permitted by law and approved in writing by Shopware.

5.4 The Customer acknowledges that Customer Data may be processed or stored outside the EEA, subject to compliance with the GDPR and applicable Standard Contractual Clauses.

5.5 The Services may include features enabling the Customer to aggregate, curate, manage, and display user-generated content from social media networks (“Social Network”). Such content may include posts, images, videos, or other publicly available data provided by Social Network registered users (“Social Network End User Content”). This content is subject to any usage restrictions imposed by the Social Network or the End User. The Customer agrees to comply with all applicable laws and usage guidelines of the relevant Social Networks when using such content.

5.6 Shopware reserves the right, but has no obligation, to suspend or terminate the Customer’s access to the Services if Shopware determines at its sole discretion that:

• The Customer’s content or Online Store is unlawful, offensive, defamatory, obscene, or otherwise objectionable,

• Or if the Customer’s Online Store becomes, or is likely to become, subject to a credible claim of intellectual property or data protection infringement.

5.7 The Customer acknowledges that the Services may rely on third-party platforms and data providers, including social media networks. Shopware accepts no liability for:

• The availability or performance of any third-party services,

• The acts or omissions of third parties, including social media providers, third-party data providers, or other external platforms,

• The Customer’s use of the Services contrary to the terms and policies of such third-party platforms.

5.8 The Customer represents and warrants that it has:

• All necessary rights, consents, and permissions to collect, share, and process all Customer Data submitted via the Services,

• Ensured that such Customer Data does not infringe any third-party intellectual property, privacy, publicity, or other rights,

• Ensured compliance with all applicable laws, including data protection and privacy regulations,

• Ensured that no Customer Data violates the terms of service or policies of any third-party platforms or agreements applicable to the Customer Properties.

The Customer is fully responsible for any Customer Data submitted by the Customer or its End Users to the Nosto Platform.

6. Data Processing Warranties and Indemnification

6.1 The Customer represents and warrants that it has:

• Obtained all legally required consents, approvals, and legal bases under applicable data protection laws (including the GDPR) to enable Shopware and its sub-processors, including Nosto, to process personal data of visitors, customers, and users of the Customer’s Online Store;

• Provided all legally required privacy notices to its End Users and visitors;

• Implemented appropriate technical and organizational measures to protect personal data processed via the Services.

The Customer acknowledges that Shopware and Nosto rely on these warranties to legally deliver the Services.

6.2 The Customer agrees to indemnify and hold harmless Shopware, its affiliates, officers, directors, employees, and partners from and against all justified third-party claims, fines, penalties, damages, and reasonable external costs (including legal fees), arising from:

• The Customer’s failure to obtain necessary consents or legal permissions for data processing;

• The Customer’s violation of data protection laws, including failure to provide adequate privacy notices;

• Any unlawful or unauthorized Customer Data submitted or made accessible via the Services.

This indemnification applies only to claims arising within the Customer’s sphere of responsibility, particularly where the Customer could have reasonably prevented such claims through appropriate legal or organizational measures.

6.3 The Customer agrees to cooperate with Shopware in providing evidence of compliance with data protection laws upon reasonable request, including but not limited to:

• Providing copies of privacy notices,

• Consent mechanisms,

• Data processing agreements with End Users

7. Indemnity

7.1 The Customer agrees to indemnify and hold harmless Shopware, its affiliates, officers, directors, employees, and partners from and against all justified claims, demands, damages, fines, penalties, and reasonable external costs (including reasonable attorneys’ fees) asserted by third parties, to the extent such claims arise from:

• (i) the intentional or negligent breach of this Agreement by the Customer or its End Users;

• (ii) the intentional or negligent unlawful use of the Services by the Customer or its End Users, including any use that violates the Acceptable Use Policy of Nosto;

• (iii) the intentional or negligent violation of applicable laws, including but not limited to intellectual property, data protection, or competition laws, by the Customer or its End Users;

• (iv) any content, data, or information submitted, posted, or otherwise provided by the Customer or its End Users through the Services that infringes the rights of third parties.

7.2 The Customer’s indemnification obligation applies only to claims that:

• (a) fall within the Customer’s sphere of responsibility, and

• (b) could reasonably have been prevented through proper contractual, organizational, or technical measures.

Shopware will notify the Customer of any such claim without undue delay. The Customer may assume the defense of the claim, provided Shopware retains the right to participate in the defense at its own expense.

8. Term and Termination

8.1 Unless earlier terminated in accordance with this section (Term and Termination), upon completion of the Initial Term (as defined in the Order Form), the Agreement will renew for successive 12-month terms, unless either party provides written notice of non-renewal (email shall be deemed sufficient) no less than thirty (30) days prior to expiration of the end of the then- current term. The Initial Term and any renewal thereof are collectively referred to in this Agreement as the “Term”. Upon any such renewal, the commercial terms for the Customer’s offering and for any additional services and modules shall be updated to the then-current pricing and, in case of the Customer’s offering, the then-current product selection for that offering (or its equivalent).

8.2 Only in case of a material breach, the non-breaching party may terminate the Services with immediate effect by a written notice if the other party commits a material breach of the Agreement and fails to remedy the same within fourteen (14) days after receipt of a written demand from the non-breaching party to cure the breach.

8.3 Immediate termination is possible for serious reasons, which can be, included by not limited to:

Material breach not remedied within 14 days.

Violation of data protection obligations.

8.4 Shopware may terminate an applicable Order From, effective on written notice to the Customer (email is sufficient: (i) in case the Customer does not fulfilled their payment obligations (ii) Customer undergoes a change of control; or (iii) Customer breaches any of its obligations under AUP of Nosto; or (iii) Customer or End User materially breach their obligations under this Agreement.

8.5 Upon Termination, the Customer’s access to the Nosto Platform will cease. Customer’s will be allowed to maintain their account details and download, transfer or activate data deletion.

9. Payment Terms

9.1. Fees and payment terms for the Nosto Platform are specified in the Order Form.

9.2 The Agreement is non-cancellable and any fees paid thereunder are non-refundable.

9.3 Failure to pay may result in the suspension of access to the Nosto Platform. Shopware may terminate the Order Form at any time if the Customer fails to fulfill its payment obligations, after having sent at least two invoice reminders.

9.4 The Customer remains liable for all fees accrued up to the date of termination, regardless of whether the Customer has used the Services or not.

9.5 For the avoidance of doubt, any prepaid fees are non-refundable, except for fees prepaid for periods following the effective date of termination.

9.10 The Customer waives any right to offset, deduct, or claim a refund for services already rendered or invoiced before termination.

9.11 For the avoidance of any doubt, the Fees defined herein are exclusive of VAT and any other governmental, state or local taxes and levies (as applicable). The Customer shall be solely responsible for taxes and levies imposed by applicable laws and authorities in relation to the fees.

9.12 The fees are subject to change from time to time upon 30 days' notice. The change shall not affect the fees for invoicing periods commenced before the effective date of the change. In case of a price change the Customer shall be entitled to terminate the Services to end at the end of the then-current renewal term by notifying Shopware thereof in writing in accordance with the terms of the Agreement (email shall be sufficient).

9.13 You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your accounts, in any way (by operation of law or otherwise) without Shopware’s prior written consent (email shall be sufficient). We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.

10. Limitations of Liability

10.1. The limitations of liability applicable to this Agreement are governed by the GTC of Shopware. These limitations apply equally to any claims the Customer may attempt to assert against Nosto to the extent Nosto is engaged as Shopware’s subcontractor or service provider. For the avoidance of doubt, Nosto is not a direct party to this Agreement, and no direct contractual claims may be asserted against Nosto by the Customer.

10.2. Shopware shall not be liable for any failure or delay in the performance of its obligations under this Agreement to the extent such failure or delay is caused by a Force Majeure Event. A "Force Majeure Event" includes, but is not limited to, acts of God, strikes, riots, war, terrorism, government actions, or any other cause beyond the reasonable control of the affected party. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the effects. Either party may terminate this Agreement if the Force Majeure Event continues for more than thirty (30) consecutive days.

11. Confidentiality

11.1. The Parties agree that all obligations regarding confidentiality, including the handling of proprietary, business, or sensitive information disclosed in connection with this Agreement, shall be governed exclusively by the applicable GTC of Shopware.

11.2. The Parties acknowledge and agree that the confidentiality obligations set out in the GTC of Shopware shall survive for five years after the termination of this Agreement.

12. Governing Law

12.1. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2. The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the courts having jurisdiction over Shopware AG’s registered office, provided that the Customer is a merchant, legal entity under public law, or special fund under public law.

SLA & Support

For the avoidance of doubt, the following Service Level Agreement (SLA) of Nosto shall apply exclusively between Shopware and the Customer. Shopware shall bear sole responsibility for ensuring that Nosto duly performs and complies with all obligations arising under said SLA.

For the avoidance of doubt, any and all references to obligations of Nosto under this Agreement shall be understood solely as obligations for which Shopware assumes responsibility to exert all reasonable efforts to procure Nosto’s proper performance and compliance. Under no circumstances shall this be construed as creating any direct contractual relationship or direct claim between the Customer and Nosto.

Nosto SLA and Support

General Service Commitment

Shopware shall be under an obligation to procure that Nosto will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage of at least 99.5%, in each case during any calendar month (the “Service Commitment”). In the event the Service does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which any of the Services was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Nosto SLA Exclusion.

“Service Credit” is a dollar or euro credit, calculated from the customer’s monthly price for the Services, that Shopware may credit back to an eligible account.

“Unavailable” and “Unavailability” mean a major outage so that the service published through http(s)://connect.nosto.com is not responding or requests are timing out. Service availability is monitored by a third party monitoring service selected by Nosto and the information will be available in Nosto's public status page (https://status.nosto.com)

Monthly Uptime

We will apply any Service Credits only against future payments for the Service otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Shopware. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than 50 EUR/USD. Service Credits may not be transferred or applied to any other account.

Nosto SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Service, or any other Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Service; (ii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension or termination of your right to use the applicable Service in accordance with the Agreement. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case by sending an email to customer@shopware.com (with support@nosto.com in CC). To be eligible, the credit request must be received by Shopware latest 30 days after the incident occurred and must include:

1. the words “SLA Credit Request” in the subject line; and

2. the dates and times of the Unavailability incident that you are claiming.

3. You may also include request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced).

If the Monthly Uptime Percentage of such a request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. Unless otherwise provided in the Agreement, this SLA sets forth your sole and exclusive remedies, and sole and exclusive obligations for any unavailability, non-performance, or other failure by us to provide the Included Services.

Response Times

The response time is the maximum duration time from when you report an incident, to the time an initial response is sent back to you. The support team operates 9:00 - 18:00 CEST Monday to Friday for first line support and 9:00 - 18:00 EEST for developer support (see the section ‘Support contact details’ and “Support Definitions” later in this document for more details). The table below shows ‘initial response’ and ‘ongoing update’ target times for support requests.

Exclusions

Support services do not include:

● User training

● Assistance with internet service provider (ISP) issues not caused by the Shopware and/or Nosto

● Assistance with API code or external integrations not provided for or officially supported by

● Assistance with issues relating to hardware, software or network equipment not owned or operated by us.

The following incident resolution definitions apply: Workaround (Temporary Fix): An agreed temporary workaround of the incident will allow you to use the service without noticeable degradation in the service as per the requirements of that priority level. Also, in some instances a temporary fix may not be available or appropriate in which case you will be informed of the estimated permanent fix resolution time. When a workaround/fix is provided, we’ll agree with you on the timescales for the delivery of the permanent fix. Permanent Fix: A permanent fix of the incident that restores the system to full performance and functionality, consequently becomes part of the installed/maintained hardware/software. In some instances, the temporary fix can become the permanent fix. However, for SLA monitoring purposes Priority Level 1 incidents and service affecting Priority Level 2 incidents will be treated as resolved when a workaround is implemented, and you are able to use the service without noticeable degradation.

Response Time Credits

Support Contact Details

You can visit Nosto’s contact us page for our full contact information. You can also initiate a support conversation by emailing support@nosto.com or starting a chat using our in app message box on my.nosto.com.

Support Definitions

First Line Support – A support team will investigate your request directly to help you resolve any issues.

Developer Support - Issues not solvable by first line support will be escalated to our development support via a ticket system.

Fallback Mechanism

The Customer acknowledges and agrees that Shopware’s obligations under the Service Level Agreement (SLA), including the provision of service credits and support commitments, are conditional upon the Customer implementing and maintaining an operational fallback mechanism for any Nosto-enabled pages or functions.

While Shopware provides services to maximize uptime and performance, this SLA, including service credits and support commitments, applies only when a customer-managed fallback to the platform’s native rendering is in place for any Nosto-enabled pages, including but not limited to Nosto Search or Category Merchandising. Customers acknowledge that they should maintain independent measures to support essential functionality and should not rely solely on Nosto’s services as the exclusive operational dependency for such critical functions.