SAP Commerce Cloud, digital experience monitoring

Terms & Conditions

By clicking "Accept" or “Agree,” you agree to all of the terms and conditions stated in this Agreement. If you do not agree to these terms, do not click "Accept" or “Agree.” By clicking “Accept” or “Agree” you hereby represent and warrant that you have been given the power of attorney by your employer (“Customer”) to carry out this transaction and conclude the respective contracts with SAP on behalf of your employer. If you do not have the appropriate power of attorney, we kindly ask you to not continue with this transaction.

This agreement (defined below) is a legally binding agreement for SAP Cloud Services between Customer and the SAP affiliate or subsidiary company in the country in which Customer is located and from whom Customer is subscribing to SAP Cloud Services displayed in the Purchase Review and Order Confirmation (both defined below) (“SAP”).

This order document (Order Document) is governed by and incorporates the following documents in effect as of the effective date.  All documents are listed in order of precedence, and collectively referred to as the “Agreement”:

Customer has had the opportunity to review the Agreement, including without limitation the GTC, Schedules, Supplements and terms and conditions mentioned above, prior to accepting this Agreement.  SAP recommends Customer prints copies of the applicable GTC, Schedules and Supplements for Customer’s own records.  The Agreement shall be effective as of the recorded time Customer has accepted the Purchase Review and Order Confirmation.

1. Cloud Service and Fees:  The Cloud Service subscription fees and pursuant to this Agreement consists of the component(s) identified in the purchase review displayed on the SAP Store (“Purchase Review”) as well as in the corresponding order confirmation email Customer receives from the SAP Store (“Order Confirmation”). 

Payment is not dependent upon completion of any implementation services.   Fees for Non-recurring services shall be invoiced by SAP on a one-time basis and paid by Customer in accordance with the GTCs. Fees for renewal terms will be equal to the fees for the immediately preceding subscription term (including any additional Usage Metrics or Cloud Services added to this Order Form during the Subscription Term), provided SAP may apply an increase to such fees (over the preceding term of the Order Form) to account for changes in consumer prices generally over the preceding term of the Order Form.  Non-recurring fees (if any) shall be invoiced by SAP and paid by Customer upon commencement of the Subscription Term.

2. Cloud Service Access and Taxes: Customer acknowledges that the “Ship-To” address entered by Customer in the SAP Store site is the primary location from which Customer will access the Cloud Service (“Primary Access Location”). If Customer does not provide a Primary Access Location, SAP will incorporate a default Primary Access Location to Customer’s sold-to address.  Customer has provided the following Primary Access Location.  It is the obligation of the Customer to consider if withholding tax is applicable. In case of any applicable local taxes, these are to be borne by Customer. Applicable taxes have to be declared and paid to the respective tax authority by Customer.  Customer’s failure to provide SAP with its VAT and/or GST number may have sales tax implications.  Cloud Services Fees do not include Taxes.  

3.   Notification SAP shall notify Customer at least thirty seven (37) days’ prior to the end of the initial term and each renewal term of the paid subscription of the renewal date of the Agreement, and Customer may elect to terminate the Agreement and cancel the subscription effective upon the end of the initial term or any renewal term by notifying SAP using the Contact SAP link on the SAP Store at least thirty (30) days prior to the end of the then-current term.   SAP may elect not to renew the paid subscription effective as of the end of the initial term or any renewal term by providing Customer fourteen (14) days’ notice. 

4.     Payments. 
(a)   The fees for the initial term of the Cloud Service are included in the ordering page(s) of the SAP Store.

(b)   If Customer is a previously authorized buyer of SAP products, SAP will invoice customer and payment is due in accordance with the GTC.

(c)   If Customer is not a previously authorized buyer, Customer must use a valid credit card to order the initial subscription.  Fees will be billed to Customer’s credit card for each renewal term upon the first business day of the renewal term. Customer’s credit card will be billed in advance for each billing period during the term of this Agreement for use of the Cloud Service unless Customer cancels its subscription as provided above. 

SAP Commerce Cloud, digital experience monitoring
Supplemental Terms and Conditions

This Supplement is part of an Agreement for certain SAP Cloud services between SAP and Customer and applies solely to SAP Commerce Cloud, digital experience monitoring.

1. DEFINITIONS

   1.1 “Contract Year” means a period of twelve consecutive months beginning on the first day of the Subscription Term or its annual anniversary.

   1.2 “Units” means units of consumption that are consumed by the use of any of the Unit Capability Types.

   1.3 “Unit Capability Type” means the individual capabilities comprising the Cloud Service identified in Attachment A to the Supplement.

   1.4 “Unit Cost” means the numerical value assigned to a specific Unit Capability Type that, when multiplied by the number of Units of Measure used, results in the Units consumed.

   1.5 “Units of Measure” are the types of metrics used to measure use of a particular Unit Capability Type (e.g. synthetic actions or sessions).

2. CLOUD SERVICE. The Cloud Service supports Customer in monitoring an optimizing its SAP commerce platforms.

3. FEES

   3.1 The Usage Metric for the Cloud Service is Units, in blocks of 100,000, per Contract Year. Each Unit Capability Type has a corresponding Unit of Measure and Unit Cost as specified in Attachment A. To calculate the number of Units consumed through use of a Unit Capability Type, the total amount of Units of Measure used during the Contract Year is multiplied by the Unit Cost to arrive at the number of Units consumed by that Unit Capability Type. Customer may consume Units up to the total amount stated in the Order Page for each Contract Year. By way of example, a Unit Capability Type with a Unit of Measure in Sessions that is used for five Sessions in a Contract Year, with a corresponding Unit Cost of 0.25, would result in the consumption of 1.25 Units.

   3.2 Any unused Units in a Contract Year will not roll over for use in any subsequent Contract Year.

   3.3 SAP will make available to Customer on a monthly basis a report of the actual amount of Units consumed by Customer in the preceding Contract Month.

4. ADDITIONAL TERMS

   4.1 The Cloud Service can only be used to test the availability and performance of SAP services and SAP components. No Customer built applications or websites may be tested using the Cloud Service.

   4.2 SAP may provide Customer’s name, the length of the Agreement and the amount of Usage Metrics subscribed under the Agreement to SAP’s third-party technology supplier, provided such supplier is obligated to maintain such information as confidential under terms similar to the confidentiality terms of the Agreement.

   4.3 EU Access is not available for the Cloud Service.

ATTACHMENT A
to
SAP Commerce Cloud, digital experience monitoring
Supplemental Terms and Conditions

1. A Browser Monitor or Browser Click-path Monitor “Synthetic Action” is an interaction with the synthetic browser that triggers a web request, including a page load, navigation event or action that triggers an XHR request. Browser Monitors have a single synthetic interaction (e.g. performance and availability of a single URL) and consume one Action. Browser Click-paths are a sequence of pre-recorded synthetic actions. Browser Click-paths consume one Action for every interaction that triggers a web request. Scroll downs, keystrokes or clicks that do not trigger a web request are not counted as an Action.
2. A HTTP Monitor is a single request (HTTP or HTTPS) to monitor the availability of a URL where each execution consumes one synthetic action. XHR or Fetch requests that are made by a synthetic browser as the result of a user action like a page load, which isn't directly triggered by user input, don't result in user actions and therefore aren't counted. Such XHR and Fetch calls are considered child requests of synthetic actions.
3. A single Real User Monitoring session (i.e., a "user session") is defined as a sequence of interactions between a user with a browser-based web application or a native iOS or Android mobile app within an interval and with at least two user actions. A user action is a button click or app start that triggers a web request (for example, a page load or a page-view navigation). Interactions that include only one user action are considered “bounced” and aren't counted. A user who interacts with more than one web application or app at the same time consumes one session for each web application or app, except when the interaction is considered “bounced”. A session ends when a) the browser running a web application is closed or has been inactive for more than 30 minutes, b) the mobile app is closed or the client is inactive for more than 30 minutes, or c) after 60 minutes of continuous interaction with the web application or app.