Availability and Support Annex

1. General provisions

1.1. This annex (hereinafter: “Annex”) constitutes the AVAILABILITY AND SUPPORT ANNEX under clauses 7.2, 7.6, 15.3, 17.5–17.6 and 18.10 of the GENERAL TERMS AND CONDITIONS (hereinafter: “Terms”) governing the use of the Platform operated by WZZ Lab Informatikai és Szolgáltató Korlátolt Felelősségű Társaság (hereinafter: “Provider”). The Annex forms part of the Terms.

1.2. The Annex sets out the target for the availability of the Service and its measurement, the procedures for maintenance and operational notices, the support channels and response procedures, as well as the remedy available in the event of an outage. Capitalised terms used in the Annex and not defined herein shall have the meaning set out in Chapter 2 of the Terms.

1.3. For the purposes of the Annex:

1.3.1. “Business Day”: a calendar day from Monday to Friday, as well as any Saturday declared a business day due to a change in the work schedule, with the exception of public holidays under Hungarian legislation and rest days transferred due to a change in the work schedule.

1.3.2. “Business Hours”: the period between 9:00 and 17:00 on a Business Day, according to the Europe/Budapest time zone. “Business Hour”: one hour falling within Business Hours.

1.3.3. “Measurement Period”: one calendar month.

1.3.4. “Critical Outage”: the state in which the public interface of the Store or the order placement process is entirely inaccessible to visitors of the Store or is unsuitable for placing orders, for a reason falling within the Provider’s sphere of interest.

1.3.5. “Administration Outage”: the state in which the Administration Interface is entirely inaccessible to Users for a reason falling within the Provider’s sphere of interest, or logging in or viewing and managing orders on it is not possible. The defective functioning of specific other features does not constitute an Administration Outage.

1.3.6. “Planned Maintenance”: maintenance notified in advance pursuant to clause 7.3 of the Terms.

1.3.7. “Extraordinary Maintenance”: an urgent security or operational intervention pursuant to clause 7.3 of the Terms, the execution of which is necessary without a prior notice period for the security of the Service, the Platform or data, or for the continuity of the Service. Remedying an already occurred Critical Outage or Administration Outage does not constitute Extraordinary Maintenance.

1.3.8. “Measurement Gate”: the point in time pursuant to clause 3.2 from which the availability target pursuant to clause 3.1 constitutes a contractual commitment.

2. Scope

2.1. The availability target and remedy under this Annex extend to the public interface of the Store and the ordering process, as well as to the Administration Interface. The availability of the two scopes is measured and assessed separately from each other. Chapter 5 on support applies to the Service as a whole.

2.2. The following do not fall within the scope of the availability target and remedy under this Annex:

a) the operation of AI Services and features provided on an experimental basis under the ARTIFICIAL INTELLIGENCE ANNEX;

b) the service of any third party used by the Merchant, in particular the Merchant’s payment service provider, shipping or invoicing service, and the domain name registry, as well as integrations under Chapter 19 of the Terms;

c) any cause falling within the Merchant’s sphere of interest, in particular the Merchant’s settings, content, the configuration of its own domain name or nameserver, and the placing of the Store into a maintenance or closed state by the Merchant;

d) the duration of any restriction or suspension under Chapter 14 of the Terms, suspension due to fee arrears, and inactivity locking under clause 3.8 of the Terms;

e) the duration of Planned Maintenance – up to a total of 8 hours per Measurement Period – and Extraordinary Maintenance; Planned Maintenance exceeding 8 hours constitutes an outage; and

f) force majeure under Chapter 16 of the Terms.

3. Availability target and measurement

3.1. The Provider’s target is that the public interface of the Store and the order placement process, as well as – measured separately from this – the Administration Interface, operate with at least 99.0% availability per Measurement Period.

3.2. The target under clause 3.1 shall qualify as a contractual commitment from the date on which the Provider’s own synthetic measurement and incident register have entered into live operation, and the Provider has notified Merchants thereof on the Administration Interface and by email, specifying the start date and the measurement method, but at the latest upon the expiry of 12 months from the public launch of the Service (Measurement Gate). Until the opening of the Measurement Gate, the value under clause 3.1 is a target value, and the extension under Chapter 6 is due to the Merchant as an independent claim, irrespective of any breach of the availability obligation. The opening of the Measurement Gate does not constitute an amendment under clause 18.2 of the Terms; any subsequent change to the measurement method detrimental to the Merchant shall be governed by clause 9.1.

3.3. The measured interfaces: the public interface of the Store and the cart, or the order placement process; in respect of the Administration Interface, the login and the list of orders. The level of availability per measured interface: (base time – unavailability time) / base time × 100%, where the base time is the total duration of the Measurement Period without the excluded time under clause 2.2, and the unavailability time is the duration during which the measured interface was not available based on the measurement under clause 3.2. Following the opening of the Measurement Gate, the Provider shall publish the monthly result on the Administration Interface.

3.4. It is emphasised that the duration of Extraordinary Maintenance does not constitute an outage, and the Provider is not subject to the availability obligation under the Annex in respect thereof, nor may the remedy under the Annex be enforced.

4. Maintenance and operational information

4.1. Clause 7.3 of the Terms shall govern the advance notice period and time window for Planned Maintenance. The notice shall contain the expected start and duration of the maintenance, as well as the affected features.

4.2. The Provider shall provide information on Extraordinary Maintenance without delay following the intervention, on the Administration Interface and by email to the affected Merchants, containing the duration and cause of the intervention in such detail as does not jeopardise the security of the Platform. The Provider shall record the Extraordinary Maintenance in its internal records with its date and time, duration, and cause, and upon the Merchant’s request, shall make available an extract of the entry concerning the Merchant.

4.3. In the event of a Critical Outage and an Administration Outage, the Provider shall, within a reasonable time after becoming aware thereof, and then upon the cessation of the outage, inform the affected Merchants on the Administration Interface and by email. The Provider shall maintain a public status page only if it publishes information about it in its legal centre.

5. Support

5.1. The channels for support are the support@poltura.com email address and – if available to the Merchant – the interface designated for receiving support requests on the Administration Interface. Requests submitted through the two channels are equivalent. The Provider shall forward any recognisably support request received through another contact channel under clause 17.2 of the Terms to the support channel; deadlines in such cases shall also be calculated from the original receipt. A request may also constitute a Complaint under clause 17.7 of the Terms; the deadlines set out in clauses 17.7–17.8 of the Terms shall apply to a Complaint alongside the deadlines of this Chapter.

5.2. Support is available during Business Hours. A request received outside Business Hours shall be deemed received at the start of Business Hours on the following Business Day.

5.3. Severity classification of the request:

a) critical: Critical Outage, Administration Outage, or an ongoing security incident affecting the security of the Platform or the Merchant’s data;

b) high: an essential Feature of the Service operates in a significantly restricted manner, and no reasonable workaround is available;

c) general: all other error reports, questions and requests.

The Provider may, in justified cases, modify the classification indicated by the Merchant based on the content of the request, and shall inform the Merchant thereof.

5.4. The Provider shall commence substantive processing of the request and provide initial substantive feedback to the Merchant within 8 Business Hours in the case of critical classification, within 2 Business Days in the case of high classification, and within 5 Business Days in the case of general classification. It is emphasised that these deadlines do not constitute deadlines for remedying the error or fulfilling the request.

5.5. Support does not extend to custom development, the creation or modification of the Merchant’s content, troubleshooting the services of third parties, or supporting the Merchant’s own systems.

6. Remedy in the event of an outage

6.1. If – outside the excluded time under clause 2.2 – the Critical Outage persists for at least 4 continuous hours, or the Administration Outage persists for at least 8 continuous hours, the Merchant is entitled to an extension of the subscription period for the affected Store. An extension is due once for the same duration of a concurrently existing Critical Outage and Administration Outage.

6.2. The extent of the extension is 2 hours for each commenced hour of the outage under clause 6.1, but at least 1 day; the Provider shall determine the extension rounded up to a whole day. On the basis of outages falling within one Measurement Period, an extension of a maximum of 7 days in total is due. The extension shall be added to the end of the current subscription period.

6.3. The Merchant may claim the extension in writing via the channel under clause 5.1 within 30 calendar days from the cessation of the outage, indicating the affected Store and the perceived start and end of the outage. The Provider shall assess the claim within the deadline under clause 17.8 of the Terms, based on its own operational records and – following the opening of the Measurement Gate – the measurement under clause 3.2. The 30-day deadline is preclusive: a claim submitted beyond the deadline cannot be enforced. If the contract terminates before the extension takes effect, the extension does not entitle to monetary redemption.

6.4. It is emphasised that the extension under this Chapter is, pursuant to clause 15.3 of the Terms – without prejudice to the right of termination under Chapter 7 and clause 15.6 of the Terms –, the exclusive remedy for breach of the availability obligation. No monetary credit or refund is associated with the extension. On the basis of the same outage, the extension under this Chapter and the individual refund under clause 9.10 of the Terms may not be applied together.

6.5. The duration of force majeure is excluded time under clause 2.2(f); to an extension due to force majeure, clause 16.6 of the Terms shall apply exclusively.

7. Persistent shortfall

7.1. Following the opening of the Measurement Gate, it shall constitute a persistent shortfall under clause 18.10(b) of the Terms if the availability of the public interface of the Store and the order placement process, or of the Administration Interface, does not reach the value under clause 3.1 in three consecutive Measurement Periods.

7.2. In the case under clause 7.1, the Merchant may exercise extraordinary termination under clause 18.10(b) of the Terms within 30 calendar days from the end of the third Measurement Period. The refund of fees shall be governed by clause 9.4.1 of the PLANS AND PRICING ANNEX.

7.3. Until the opening of the Measurement Gate, the right of termination under clause 18.10(b) of the Terms shall not arise; this shall not affect the right under clause 18.10(a) of the Terms.

8. Backup and recovery

8.1. The backup routine is governed by ANNEX II TO THE DATA PROCESSING AGREEMENT. The Provider makes no commitment under this Annex to a specific recovery point or recovery time.

8.2. Individual restoration from backup performed at the Merchant’s request does not fall within the scope of support under this Annex.

9. Amendment

9.1. Any amendment of this Annex adverse to the Merchant – including an adverse change to the measurement method, the value under clause 3.1, the deadlines under clause 5.4 and the remedy under Chapter 6 – shall be governed by clauses 5.6 and 18.2–18.4 of the Terms.