Version 04.11.2022

I. Definitions

“Anomaly”: refers to any malfunction or error in the LENGOW SOLUTION, leading to results that do not comply with its Documentation or unavailability (unavailability of application services) of the LENGOW SOLUTION.

An Anomaly requires a correction, whether or not preceded by the provision of a Workaround Solution, within the deadlines described below.

An Anomaly is necessarily reproducible. Anomalies are classified into three categories, according to their impact on the operation of the LENGOW SOLUTION: Critical Anomalies, Major Anomalies and Minor Anomalies.

“Critical Anomaly”: refers to any Anomaly making it impossible to use the LENGOW SOLUTION in its entirety, or making one or more of its essential functions unavailable, characterized by an immediate, continuous and widespread impact on the business processes (in particular and not exclusively access to the LENGOW SOLUTION, the import of product data, the generation of flows to DISTRIBUTORS, public APIs) and for which no Workaround Solution is possible.

It is acceptable to operate the functionality concerned in degraded mode while the Anomaly is being resolved.

“Major Anomaly”: refers to any Anomaly, which hinders the overall availability of the LENGOW SOLUTION but for which a workaround solution is possible, or which impacts one of the essential software functionalities of the LENGOW SOLUTION while allowing partial use of said SOLUTION. Use of the LENGOW SOLUTION by the Client continues, but the Client’s business processes are seriously affected.

“Minor Anomaly”: refers to any Anomaly other than a Critical or Major Anomaly.

“Availability”: refers to the guaranteed availability rate of the LENGOW SOLUTION over the reference period, excluding the periods of Scheduled Maintenance, and interventions for managing the security of the LENGOW SOLUTION.

Documentation“: refers to documentation of any kind and in particular technical documentation, user documentation, training materials, operational procedures documenting all the functionalities accessible to Users and, in general, any information relating to the LENGOW SOLUTION necessary or useful for its use, whether this documentation is provided in paper form, online or on another medium. In any event, the Documentation is accessible at the following address: https://help.lengow.com/hc/fr.

“Corrective Maintenance”: refers to the provision of corrections to the LENGOW SOLUTION, at the request of the CLIENT or on the initiative of LENGOW, in particular to correct Anomalies in the LENGOW SOLUTION according to their criticality in accordance with the Service Level commitments defined in this Agreement.

“Scalable Maintenance”: refers to the provision to the CLIENT, at LENGOW’s initiative, of Updates and New Versions of the LENGOW SOLUTION. Scalable Maintenance is included in the price of the OFFERS, unless changes have been specifically requested by the CLIENT, in which case they will be the subject of a prior quote provided to the CLIENT.

“Scheduled Maintenance”: refers to the total duration during any calendar month, measured in minutes, during which the CLIENT will be unable to access the functions and modules of the LENGOW SOLUTION due to a scheduled maintenance service set up by LENGOW as indicated below.

“Update(s)”: refer(s) to (i) the compilations of Anomaly corrections and technical improvements and/or functionalities provided by LENGOW as part of Scalable Maintenance, (ii) the modifications made necessary by changes in technology, operating systems and/or hardware configuration, (iii) as well as the modifications required to update the LENGOW SOLUTION in relation to regulatory changes.

“New Version(s)”: refers to successive versions of the LENGOW SOLUTION since the first version subscribed to by the CLIENT on the date of conclusion of the Agreement, as well as the changes made to the SOLUTION at LENGOW’s initiative resulting from new developments and/or providing new functionalities.

“Workaround Solution”: refers to the method of resolving an Anomaly in such a way that the Anomaly, although still existing, no longer constitutes an obstacle to the use of the LENGOW SOLUTION.

II. Maintenance

LENGOW undertakes to perform the maintenance operations necessary for the proper functioning of the LENGOW SOLUTION in accordance with the commitments provided herein.

2.1 Corrective maintenance

Corrective Maintenance means maintaining the LENGOW SOLUTION in operational conditions in accordance with the Service Level Commitments.

Corrective Maintenance services consist of the analysis, correction or workaround of any Anomaly that appears in the operation of the LENGOW SOLUTION. The Anomalies detected will be diagnosed and listed and a severity will be assigned to them.

If Workaround Solutions are implemented, they will be temporary and will be supplemented by final corrections, unless the Workaround Solutions are agreeable to the CLIENT.

The procedures for resolving Anomalies are described in the “Resolution of Anomalies” section below.

2.2 Scalable Maintenance

During the term of the Agreement, the CLIENT will benefit, at no additional cost, from any New Version and Updates of the LENGOW SOLUTION provided by LENGOW.

LENGOW SOLUTION Updates are automatically deployed for all Clients, at no additional cost within the Agreementual scope.

Any request to integrate, transfer or merge a company shall be considered as a request for change by the CLIENT and may be the subject of additional invoicing after acceptance by the CLIENT of a quote previously submitted by LENGOW.

III. TECHNICAL SUPPORT – ASSISTANCE

LENGOW provides the CLIENT with CLIENT SUPPORT, which is responsible for providing technical and functional support to Users as defined in the GTCU. This is a shared service of LENGOW, the entry point for all users of the LENGOW SOLUTION.

A contact person or a group of referents identified as “Users” on the CLIENT’s SOLUTION can thus report any Anomaly via the declaration of a ticket on the LENGOW Help Center: https://help.lengow.com/, or by telephone (depending on the OFFER subscribed to).

Before the CLIENT sends a request to LENGOW CLIENT SUPPORT, it undertakes to search the Help Center to check whether the problem encountered is not already documented.

CLIENT SUPPORT is considered as the single point of contact for incident reporting.

Any request sent to LENGOW CLIENT SUPPORT by the CLIENT implies the tacit authorisation, without exception, of access by LENGOW’s support and technical teams to the CLIENT’s production or pre-production database for analysis purposes.

CLIENT SUPPORT is available on the following working days and times: Monday to Friday from 9 a.m. to 1 p.m. and from 2 p.m. to 6.30 p.m. CET.

The following services are excluded from Lengow’s Maintenance and Support obligations:

– hardware and/or software used other than that specified in the applicable Documentation,

– resolution of problems encountered by the Client using the Service other than in accordance with the applicable Documentation or the Agreement,

– training,

– customisation, integration and any problems resulting from non-standard use of the LENGOW SOLUTION,

– Lengow taking control on site or remotely at the CLIENT’s request, except in the event that Lengow requests remote access from the CLIENT in order to understand a problem,

– any programming bugs caused directly or indirectly by an error, omission or misuse of the LENGOW SOLUTION by the CLIENT,

– assistance with the specific development and customisation of the LENGOW SOLUTION requested by the CLIENT,

– assistance with products, services or technologies outside the LENGOW SOLUTION, including the implementation, administration or use of third party technologies.

In order to facilitate the performance of the AGREEMENT and said SLAs by LENGOW CLIENT SUPPORT, the following conditions must be met by the CLIENT: – precisely categorise the request sent to CLIENT SUPPORT via the form, – indicate the impact of the problem encountered on its business processes according to the following definitions:

Limited – “I have a question about using the Lengow Solution, a need for advice about configuration, help understanding an error message, or a change request.”

Moderate – “My business is affected over a limited scope of products or orders/is not currently affected by this request but will be if I cannot find a solution.”

Serious – “My business is partially affected by a software anomaly, with a potential loss of revenue, however the Lengow Solution can be partially or fully used with a Workaround Solution.”

Critical – “All of my business is affected by a significant software anomaly or unavailability of service, which results in an immediate and overall loss of revenue, without any Workaround Solution being available.”

Note: LENGOW CLIENT SUPPORT reserves the right to revise the impact if it is deemed inaccurate.

– indicate its account ID, Order ID, Catalogue ID or Distributor Flow ID (as applicable),

– accurately describe the request and the situation encountered (context, error message(s) received, expected behaviour, etc.) by documenting it if necessary by any means at its disposal, in order to allow LENGOW to qualify any Anomalies brought to its attention,

– indicate the preferred language for processing the request.

Note: depending on seasonal activity and/or availability of LENGOW’s CLIENT SUPPORT, an answer in English may be provided by default.

Requests can be sent at any time, 7 days a week, 24 hours a day, but they will be processed by LENGOW CLIENT SUPPORT during the following working hours (9 a.m.-1 p.m. / 2 p.m.-6.30 p.m. CET).

IV. TECHNICAL COMMITMENTS

It is specified that all the times specified in this service agreement are times in mainland France and that days and times are working days and times.

4.1 Availability of the LENGOW SOLUTION

The commitment of LENGOW, and calculation of the related KPIs (Key Performance Indicators), relates to the availability of the application services of the LENGOW SOLUTION 7 days a week and 24 hours a day.

The LENGOW SOLUTION operates with a minimum availability rate of 98%, measured over one year, excluding the cases of Scheduled Maintenance and security interventions.

As far as possible, the periods of Scheduled Maintenance are limited to 6 hours per quarter and take place outside working days or hours of the office and/or during the night (mainland France). LENGOW notifies the CLIENT of the occurrence of a Scheduled Maintenance operation at least two (2) working days before the effective date by any means (e.g. email to the CLIENT’s main point of contact in the context of the use of the LENGOW SOLUTION).

4.2 Support and Anomaly Resolution Responses

4.2.1 LENGOW’s commitments

For each Anomaly reported by the Client in accordance with the previous procedures defined in this document, LENGOW undertakes to:

  • define the level of severity of the Anomaly according to the terms defined in this document,
  • put in place all possible and reasonable means to confirm receipt of the reported Anomaly within the lead time specified in the Agreement in force and the associated response time,
  • analyse the Anomaly and, where applicable, verify the existence of the problem(s) that led to the Anomaly, which may include a request to the Client to provide additional information,
  • use all possible and reasonable efforts to resolve the reported Anomaly in view of the seriousness thereof.

At the request of the Client, LENGOW and the CLIENT may be required to re-evaluate the level of severity of the reported Anomaly, according to the terms defined in this document, and the CLIENT SUPPORT communication deadline concerning the ongoing processing of said Anomaly.

4.2.2 Incident management procedure

The objective of the incident management procedure is to prevent and mitigate the damage caused by said incidents by triggering effective and regular monitoring of actions that it is not possible to deal with by standard processes in order to quickly resolve the Anomaly.

  • Triggering

The incident management procedure (also called “crisis management”) is triggered in any of the following circumstances:

  • unscheduled unavailability of the LENGOW SOLUTION or other key services (e.g. public APIs, indexing engine, orders management component) for more than 10 minutes, with an impact on several Clients.
  • Anomaly of “Incident” severity, i.e. a Critical Anomaly reported by several Clients whose impact is characterized by an immediate, continuous and widespread impact on the turnover of several Clients, without a Workaround Solution.
  • Procedure

The first action is to trigger the creation of a “crisis unit”.

This “crisis unit” identifies Clients who are potentially impacted by the incident and establishes a communication plan in order to inform said impacted Clients.

The “crisis unit” shall include, but not be limited to, the members of the CLIENT SUPPORT team in charge of the incident, the incident manager, the managers of the CLIENT SUPPORT service, a representative of the infrastructure services and a representative of the R&D service. Thus, procedures for regular communication to Clients, procedures for resolution and post-crisis feedback are put in place.

The “crisis unit” is dismantled once the problem is completely resolved, Clients are informed of the resolution and the internal incident report is created. The incident report includes a summary of the incident, the analysis with the original cause, the corrective actions and any preventive measures. Lengow management then performs an analysis and improvement action plan (if necessary) based on the lessons learned from the incidents.

4.3 Performance indicators

IndicatorsMinimum threshold/Target valueMaximum thresholdMeasurementDescription
Availability of application services
Service availability rateIT*198%N.ALENGOW technical support
Maximum service interruption timeIT*22 working hoursN.ALENGOW technical support

*IT : Technical Indicator

4.4 Liability of LENGOW

LENGOW cannot be held liable in the following cases:

refusal of the CLIENT to cooperate, or insufficient cooperation of the CLIENT, in the resolution of Anomalies and in particular in the answers to questions and requests for information;
non-compliance of the CLIENT with the incident reporting procedure;
use of the LENGOW SOLUTION in a manner that is not in accordance with its Documentation or the regulations in force;
modification of all or part of the LENGOW SOLUTION by the CLIENT or a third party, without the express authorisation of LENGOW;
intentional damage, malicious damage, sabotage;
failure of the electrical or telecommunications network of the CLIENT’S operator;
contamination with a virus of the data and/or software of the CLIENT, the protection of which is the latter’s responsibility;
the occurrence of any damage that may result from an error or negligence of the CLIENT, or that the latter could have avoided by taking advice from LENGOW;
loss of CLIENT data or delay in the routing of data following an intervention by a third party designated by the CLIENT, or because the CLIENT has not taken the precaution of saving its data prior to an intervention by LENGOW.

Similarly, any Anomaly independent of LENGOW, in particular in the event of force majeure, or any other cause dependent on the liability of third parties (marketplaces for example) or third parties requested by the CLIENT to use the LENGOW SOLUTION (agency for example) are excluded from any compensation and cannot lead to the termination of this Agreement.

V. Hosting

The LENGOW SOLUTION is hosted on servers located in datacenters in the European Union. LENGOW ensures that the SOLUTION is hosted in accordance with market standards and under sufficient security conditions, for the entire duration of this Agreement.