Update: July 2021
This agreement consists of terms and conditions (including all attachments, offers, documentation references in these terms) for the Customer’s use of the Microblink Service however installed, accessed and/or used, whether via personal computers, mobile devices, or otherwise (“Agreement”). It is entered into as of the Effective Date of the accepted Product Offer. By using the Services, the Customer confirms its acceptance of the terms set forth in this Agreement.
1.1. Agreement (“Terms”, “Agreement”) means these terms and conditions that govern the provision of Microblink Services.
1.2. API credentials mean API secret and API key provided by Microblink in accordance with this Agreement and subject to payment of necessary fees. API credentials may be used solely within the Application and are used for authentication and authorization of the Application.
1.3. API key means a public unique identifier used for identification of a Customer by sending a request (API call) to Microblink Product. It enables the use of the Product.
1.4. API secret (together with Authorization Header) means a password used for authentication and authorization of a Customer identified by the API key. It is created along with the API key, and it is visible only once after the new API key is created. Microblink does not have access to it, therefore, the Customer is solely liable for the protection and safeguard of the API Secret.
1.5. Application means the Customer’s end product that utilizes Microblink CloudAPI.
1.6. CloudAPI means Microblink’s internet-accessible service that provides use of Microblink’s technology powered by the Product, hosted by Microblink through its services provider on a private or shared cloud and made available to Customers with active subscriptions over a network.
1.7. Customer means a legal entity using the Services on the basis of paid subscription fee in accordance with this Agreement. The Customer is defined in the applicable Product Offer.
1.8. Customer Content or Data means any data/images provided from the Customer or Customer’s end-users to Microblink by using the Services. The Customer remains the owner of any such Content and Microblink shall not store any such Content after Scanning Credits are used, except in the case the Customer opted for the free trial Plan.
1.9. Documentation means a specification of the Product as available within the related Microblink website / Microblink GitHub repository.
1.10. Product means any Microblink’s product available through machine-accessible application programming interface over Microblink’s CloudAPI service, including any associated tools and API credentials, as defined in the applicable Product Offer.
1.11. Product Offer (Offer) means a Microblink issued product offer (chosen Plan) containing the number of Scanning Credits, duration of the Subscription Term, amounts payable for the use of the Product and API quotas for Service use, accepted by the Customer which is added to this Agreement as its essential part. By accepting the Product Offer, the Customer confirms its acceptance of this Agreement.
1.12. Scanning Credit means the number of scans included in a Subscription Term. Any unused Scanning Credits will not be transferred into the subsequent Term and cannot be refunded. Only the scans that produce results of scanning will be counted towards Scanning Credits.
1.13. Service Level Agreement (SLA) means Microblink response times in case of Product errors. It is added to this Agreement as Appendix A. Standard Microblink CloudAPI SLA does not apply to the free Trial plan. Cloud provider’s SLA is applicable for any response times related to the availability of the Service. Microblink shall use reasonable efforts to facilitate the SLA of the Cloud provider.
1.14. Subscription Term means the period as defined in the applicable Product Offer in which the Customer is authorized to use the Services in accordance with this Agreement.
1.15. Usage Analytics Option means a tool within CloudAPI that collects and analyses Product usage. It is available to the Customer using the Services through the Microblink dashboard.
2.1. Subject to this Agreement, the Customer may access and use the Services solely for its business operations during the Subscription Term or until all the pre-purchased Scanning Credits have been used, depending on which event occurs sooner. After the expiry of the Subscription Term, the Customer can subscribe to a new Subscription Term or shall be disabled from using the CloudAPI giving access to the Product and all usage rights granted under this Agreement shall terminate.
2.2. The Customer understands and confirms that Microblink shall not deliver any copies of the Product to the Customer as part of Services.
2.3. All use by the Customer of the Product and other data connected with the Product, including future modifications and updates of the Product, is limited to the Services. The Customer shall ensure that all such use shall be in compliance with this Agreement and all applicable laws and regulations, including but not limited to data privacy regulations.
2.4. Usage Analytics Option is enabled by default during the use of the Services. Any modifications made to the Usage Analytics Option shall be considered as a material breach of this Agreement and shall cause immediate termination of the Customer’s subscription.
3.1. The usage limitations (the number of Scanning Credits) included in the Subscription Term that the Customer is authorized to use is specified in the applicable Product Offer (plan). The usage of Scanning Credits is calculated from the first day of the Subscription Term when the API credentials are issued until 23.59:59 UTC on the final day of the applicable Subscription Term. The Customer is not authorized to use the Services out of the scope of such Product Offer and this Agreement, relating in particular to the use of the Product after the expiry of the Subscription Term or the number of purchased Scanning Credits.
3.2. The Customer shall not, and shall not permit anyone to:
3.3. Subject to the limited rights granted herein, Microblink owns all right, title, and interest in and to the Product, Services, Documentation, and other deliverables provided under this Agreement, including all modifications, improvements, upgrades, derivative works, and feedback related thereto and intellectual property rights therein. The Customer agrees to assign all right, title and interest it may have in the foregoing to Microblink.
4.1. The Customer shall:
4.2. As applicable, the Customer grants to Microblink a limited, non-exclusive, and non-transferable right to copy, configure, perform, display and transmit Customer’s Content solely as necessary to provide the Services to the Customer.
4.3. Microblink shall have a free, worldwide, irrevocable, perpetual right and license to use and incorporate into the Services any suggestions, enhancements or other feedback provided by the Customer or its end-users relating to the operation of the Services.
4.4. The Customer acknowledges that Microblink’s ability to deliver the Services in the manner provided in this Agreement may depend upon the accuracy and timeliness of the Customer’s provision of necessary information and assistance.
5. Microblink rights and obligations
5.1. Microblink shall
6.1. The Customer may order the Services directly by email contacting Microblink sales. The Customer shall pay the Subscription fees to Microblink in the manner defined in the Product Offer (Plan) accepted by the Customer.
6.2. Prices are exclusive of taxes and fees. The prices are determined in Euro or US Dollar currency. Any sums payable are non-cancelable and non-refundable, except as otherwise stated.
6.3. The Customer agrees to pay the Subscription fee as set out in the applicable Product Offer and related invoice. The Subscription fee is invoiced in advance and API Credentials will be delivered upon receipt of payment of due Subscription fees. Microblink may suspend or cancel the provision of Services if the Customer fails to make payments when due. Suspension of the Services shall not release the Customer of its payment obligations under this Agreement. The Customer agrees that Microblink shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the Services resulting from Customer’s nonpayment.
6.4. The Customer agrees to and acknowledges that once a particular Product Offer (plan) has been chosen, there is no possibility of downgrading to a smaller plan for the subsequent Subscription Term. Additionally, by using the Service the Customer acknowledges and accepts that Microblink may modify the plans and that the Customer might not renew the Service for the same plan as previously used.
7.1. The Customer is authorized to use the Services until the expiration of the Subscription Term or exhaustion of pre-purchased Scanning Credits.
7.2. In the event of a material breach of this Agreement, in particular, obligations defined in Section 3 and 4, Microblink may terminate the Customer’s subscription if the breach is not cured within thirty (30) days of receipt of the written notice. Should any correctable breach not been cured within the requisite time, then upon expiration of the cure period Microblink shall have the option of terminating the Customer’s subscription upon ten (10) days prior written notice. Immediately upon termination of the subscription or upon expiration of the Subscription Term, Microblink shall immediately cease providing the Services and all usage rights granted under this Agreement shall terminate:
7.3. The Customer acknowledges that Microblink shall be entitled to terminate support for certain releases of its Products or cease of the third party operating systems with which the Services interacts, and thus to bring to end the support for specific Product subject to publication of such intent in a period of 30 days before the deprecation provided that, the Customer may elect to terminate this Agreement and the Subscription Term upon the termination of such support if it materially affects the Services provided to the Customer hereunder and receive a refund for any unused, pre-purchased scanning credits.
7.4. Survival. Termination shall not relieve either party of any obligation accrued prior to the date of termination. The following Sections will survive any expiration or termination of the Agreement: (8.2., 8.3., 8.4., 9, 11., 12., 13., 14.2., 14.3., 14.4, 14.6., 14.7.).
8.1. Microblink warrants that it will provide the Services in a professional manner consistent with general industry standards. For any breach of warranty, the Customer’s exclusive remedy will be as provided in Section 6.2 of this Agreement.
8.2. The Customer recognizes that scanning performance depends on the environment where it’s used, a device used for scanning, lighting, level of damage on the document, positioning of the device above the document, introduction of new document types, and all additional factors which are out of control of the Microblink. Since scanning, data extraction, and image processing performance is not deterministic and cannot be guaranteed to be 100% accurate, the Customer recognizes that the regular support as defined in the Microblink CloudAPI SLA doesn’t cover scanning performance.
8.3. Any other warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability, or fitness for a particular purpose and/or non-infringement of third party’s rights are hereby expressly excluded to the fullest extent permissible by laws.
9.1. Neither party shall have any responsibility or liability for the content resulting from the use of the Service. Any and all liabilities under or in connection with this Agreement are hereby excluded to the fullest extent permissible by law unless explicitly otherwise provided here. Under no circumstances shall either party be liable for any indirect, special, incidental or consequential damages that may arise from the use of the Services and/or this Agreement, such as, but not limited to, loss of revenue or anticipated profits, lost business, and/or lost data, and in any case, Microblink’s entire liability under this Agreement shall not exceed the Subscription fees paid to Microblink by the Customer, in accordance with the limitations of liability as determined in Section 8.2.
9.2. The Parties mutually agree that any and all claims arising out of or in connection to this Agreement, and Customer’s exclusive remedy, shall be limited to the amount paid or payable for the Service by the Customer pursuant to the applicable Product Offer, over the course of one (1) year preceding the claim request made by the Customer towards Microblink. These limitations and exclusions apply even if this remedy doesn’t fully compensate the Customer for any losses or failures of its essential purpose or if Microblink knew or should have known about the possibility of damages.
9.3. Nothing in this Agreement limits any liability which cannot legally be limited, including but not limited to liability for:
(a) willful misconduct or gross negligence,
(b) fraud or fraudulent misrepresentation,
(c) death or personal injury,
(e) confidentiality obligations
10.1. Subject to the limitation of liability provisions from Section 8 (or to the maximum extent allowed by the applicable law) if a third party makes a claim against the Customer that the Services infringe any patent, copyright or trademark, or misappropriate a trade secret, Microblink shall defend the Customer and its directors, officers and employees against the claim at Microblink’s expense and Microblink shall pay all losses, damages and expenses (including reasonable attorneys’ fees) finally awarded against such parties or agreed to in a written settlement agreement approved and signed by Microblink, to the extent arising from the claim. Microblink shall have no liability for any claim based on (a) the Customer Content, (b) modification of the Services not authorized by Microblink, or (c) use of the Services other than in accordance with the accompanying Documentation and this Agreement. Microblink may, at its sole option and expense, procure for the Customer the right to continue using the Services, modify the provision of Services in a manner that does not materially impair the functionality, or terminate the Subscription and refund to the Customer any amount paid by the Customer with respect to the Subscription Term following the termination date.
10.2. If a third party makes a claim against Microblink that Customer Content infringes a patent, copyright or trademark, or that it misappropriated a trade secret, or that the Customer Content is unlawful, the Customer shall defend Microblink and its directors, officers and employees against the claim at Customer’s expense and Customer shall pay all losses, damages and expenses (including reasonable attorneys’ fees) finally awarded against such parties or agreed to in a written settlement agreement signed by Customer, to the extent arising from the claim.
10.3. The foregoing and Section 8 state the entire obligations and remedies flowing between the Customer and Microblink arising from any claim by a third party.
10.4. The indemnifying party’s obligations under this Section 9 are conditioned upon the indemnified party (i) notifying the indemnifying party promptly in writing as to any such claim, suit or proceeding, (ii) granting the indemnifying party sole control over the defense and settlement thereof, and (iii) reasonably cooperating in response to a request from the indemnifying party for assistance.
11.1. In connection with this Agreement or any order made under these provisions, the parties may exchange confidential business, technical or financial information. This information will be treated as confidential, especially if it would reasonably be understood as confidential by its nature and the circumstances of disclosure. Confidential information may be used by a receiving party only for the purpose of fulfilling its obligations or exercising its rights under this Agreement and may be shared only with employees, agents or contractors who have a need to know the confidential information for that purpose and are bound by a confidentiality duty. The Party employing or engaging persons having access to the Confidential Information of the other Party is responsible and liable for their compliance with such confidentiality obligations.
11.2. The receiving party will protect confidential information with a reasonable degree of care to prevent its unauthorized use or disclosure. During the Subscription Term and for 5 years thereafter, each party shall treat as confidential all such confidential information of the other party, shall not use such confidential information except to exercise its rights and perform its obligations under this Agreement, and shall not disclose such confidential information to any third party. These confidentiality obligations will not extend to information that: (i) was already known by the receiving party prior to its disclosure; (ii) is or becomes public knowledge without breach by the receiving party; (iii) is independently developed or learned by the receiving party; (iv) is rightfully received by the receiving party from an independent third party; or is required to be disclosed by a governmental agency or by law.
11.3. If disclosure of any confidential information, is required by applicable law, rule, or regulation, or is compelled by a court or governmental agency, authority, or body: (i) the Customer shall use reasonable legal means available to minimize the disclosure to third parties of the content confidential information, including without limitation seeking a confidential treatment request or protective order; (ii) the Customer shall inform Microblink at least two (2) business days in advance of the disclosure, and (iii) the Customer shall give Microblink a reasonable opportunity to review and comment upon the disclosure, and any request for confidential treatment or a protective order pertaining thereto, prior to making such disclosure.
12.1. By using the Service, the Customer hereby acknowledges and agrees that Microblink’s provision of the Services on the basis of this Agreement may require Microblink to process, transmit and/or store Customer Content. It is understood by the Customer that Microblink exercises no control over such information transmitted by the Customer or its end-users through the Services.
12.2. End-User Information. Since the Service may include sharing and processing of personal data of Customer’s end-users, it is understood that any particular use of the Services shall be subject to Customer obtaining a lawful basis (e.g. informed and voluntary consent of data subjects) for such use, storing and processing of personal data.
12.3. As between the Customer and Microblink, the Customer is the processor (on behalf of Customer’s end clients, the controllers) and Microblink is the subprocessor in respect of any personal information or other data provided by the Customer to Microblink, if any, as contemplated in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) or “(GDPR”) and any other applicable law.
12.4. The Customer must ensure that the disclosure of the personal information to Microblink is permissible and laid down on the basis of some of the lawful basis stipulated in GDPR and that any such personal information is collected, processed, and transferred by the Customer to Microblink or from Microblink to the Customer in a lawful manner and in compliance with all laws.
12.5. Microblink acknowledges that all data, personal information and records (“the Data”) is proprietary to the Customer and constitutes the Customer’s confidential information and, accordingly, Microblink undertakes to keep the Data and all confidential information strictly confidential as well as to use and disclose the Data only in accordance with this Agreement and such other written instructions as the Customer may issue from time to time, and otherwise in accordance with any and all applicable laws.
12.6. Microblink shall continually take the appropriate, reasonable technical and organizational measures to prevent: (a) loss of, damage to or unauthorized destruction of Data; and (b) unlawful access to or processing of the Data. In order to give effect to the aforesaid Microblink has a duty to (i) identify all reasonably foreseeable internal and external risks to Data in its possession or under its control (if any); (ii) establish and maintain appropriate safeguards against the risks identified; (iii) regularly verify that the safeguards are effectively implemented; and (iv) ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards. The Customer agrees to keep a separate copy of all Data uploaded by the Customer using the Service.
12.7. Microblink warrants that it will take appropriate technical and organizational measures against the unauthorized or unlawful processing of the Data and against the accidental loss or destruction of, or damage to, the Data. Microblink will keep a record of the used Scanning Credits.
12.8. Unless the Customer has opted to use the Services within the free trial Plan, Microblink shall not store the Data. Any Data, including anonymized usage data from processing related to the Services, derived by Microblink would be used solely for security purposes and for improving Microblink’s technology.
12.9. In case of storing the Data (free trial Plan chosen by the Customer), Microblink warrants that: (a) it will not retain Data longer than required by law or required for the purpose collected and that it will destroy, delete or de-identify the Data when no longer authorized or necessary to retain same; (b) all Data is processed in compliance with the terms of this Agreement as well as relevant laws, in particular with the GDPR and (c) it will take appropriate technical and organizational measures against the unauthorized or unlawful processing of the Data and against the accidental loss or destruction of, or damage to, the Data.
12.10. Microblink shall immediately comply (within the time periods as defined by applicable law) with any written request from the Customer requiring Microblink to amend, transfer or delete the Data, as applicable.
12.11. Microblink shall immediately, in writing, inform the Customer if any Data is lost or destroyed or becomes damaged, corrupted, or unusable, as applicable considering Microblink does not store any data from the scanned images.
12.12. Microblink shall provide the Customer with full cooperation and reasonable assistance in relation to any request made by a data subject to have access to that person’s Data, as applicable considering Microblink does not store any Data from the scanned images.
12.13. Microblink shall not disclose the Data to a third party or subcontractor other than at the written request of the Customer, with the consent of the Customer or as provided for in this Agreement. The Customer acknowledges that the Services are hosted on third-party cloud servers located in a way to secure compliance with applicable data privacy laws. The Customer is solely liable for compliance with applicable laws related to storing and processing the Data.
12.14. Both parties hereby agree to indemnify and hold the other party and its officers, directors, agents, affiliates and employees harmless from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation reasonable attorney fees) resulting from claims or actions from any third party whosoever and arising out of or in connection with the breach of this clause or any warranty given in this clause. Liabilities under this Section 11 cannot be capped.
12.15. The Customer remains responsible for informing end-users of its privacy policy. Customer’s privacy policy must (i) comply with applicable laws and regulations, (ii) inform end-users of the data Customer collects, and how that data is used, stored, secured and shared, as well whether the Data is stored by Microblink, and (iii) describe the controls available to end-users to use, share, or access their personal data. Unauthorized use of end-user’s personal data will be subject to immediate termination of Customer’s right to use the Service.
12.16. The Customer warrants that the Application has been developed to operate with Microblink Product in a secure manner. The Application must use reasonable security measures to protect the collection and transfer of personal data of the end-users.
13.1. Before taking any court action, a party must use best efforts to resolve any dispute connected to the use of Services through good faith negotiations within 60 days period starting from sending a dispute notice.
13.2. This Agreement will be governed by the laws of England and Wales, excluding the United Nations Convention on Contracts for International Sale of Goods. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
14.1. Neither party is liable to the other party for any failure to perform its obligations under this Agreement to the extent caused by a force majeure event, provided that the affected party (i) immediately notifies the other party and provides information about the force majeure, (ii) uses best efforts to overcome the force majeure and (iii) continues to perform its obligations to the extent practicable. For the purposes of this Agreement, a force majeure shall be considered an even that is beyond the reasonable control of a party, excluding (a) an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care, or (b) a lack of funds for any reason.
14.2. Entire Agreement. This Agreement (including the relevant Product Offer) represents, constitutes and expresses the entire agreement between the parties with respect to the subject matter contained herein and supersedes any previous or simultaneous oral or written communications, representations, understandings or agreements with respect thereto. Microblink will not be bound by, and specifically objects to, any term, condition or other provision that is different from or in addition to this Agreement (whether or not it would materially alter this Agreement) that is proffered by Customer in any receipt, acceptance, confirmation, correspondence, or otherwise (including the terms set forth on any purchase order or similar document provided by Customer), unless Microblink specifically and expressly agrees to such provision in a separate (i.e., both from this Agreement and the writing proffered by Customer) writing signed by an authorized person in Microblink.
14.3. Severability. If any provision of this Agreement is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unimpaired and shall remain in full force and effect, and the invalid, illegal or unenforceable provision shall be replaced by a valid, legal and enforceable provision that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision.
14.4. No Waiver. The failure of either party to insist upon or enforce strict performance of any of the provisions of this Agreement or to exercise any right or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance, rather, the same will be and remain in full force and effect. Further, no waiver will be valid unless set forth in a written instrument signed by the party to be bound thereby.
14.5. Assignment. Neither party may assign rights and obligations under this Agreement to any third party, in whole or in part, without the written consent of the other party (which consent shall not be unreasonably delayed and/or withheld).
14.6. Notices. A notice given by a party under this Agreement must be delivered to the other party via email using the email address defined in the applicable Product Offer, or as otherwise notified by the other party for this purpose.
14.7. Alteration. This Agreement may be modified from time to time upon which the Customer shall be notified by email. By continuing the use of Services after such notification has been sent, it shall be considered that the Customer has read and accepted all new modifications to the terms of this Agreement.
This Service Level Agreement (the “SLA”) defines the availability of Microblink CloudAPI during the applicable Subscription Term as defined in the Customer’s Agreement (“Agreement”). Standard Microblink CloudAPI SLA does not apply to the free Trial plan. The CloudAPI will be operational and available to Customer at least 99.0% of the time in any calendar month. If Microblink does not meet its obligations under the SLA, under the assumption that the Customer meets all of its obligations under this SLA and the applicable Agreement, the Customer will be eligible to receive the Service Credits as defined herein. This SLA describes and determines the Customer’s sole and exclusive remedy for any failure by Microblink to meet the obligations as defined in this SLA.
“Issue” means a failure of the CloudAPI (as described in the applicable Agreement) to substantially conform to the functional specifications set forth in the Agreement and accompanying CloudAPI Documentation.
“Service Credit” means the number of Scanning Credits that Microblink will reimburse to the Customer if Microblink fails to meet the obligations from this SLA.
“Response Time” means the time period in which the assigned support resource (or support system) shall provide the Customer with an initial technical response as a result of an Issue reported by the Customer.
“Report on the issue” means a report provided by the Customer to Microblink containing at minimum date and time when the issue occurred, account details, and (if available) video or photo evidence of the issue.
“Support” means the support services to be provided by Microblink to the Customer in accordance with this SLA.
“System Availability” means the number of minutes in a year that the key components of Microblink CloudAPI are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance, (b) events of Force Majeure as described herein, (c) malicious attacks on the system, (d) issues associated with the Customer’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of Customer or any of the Customer’s end-user. Microblink reserves the right to take the CloudAPI offline for scheduled maintenance for which the Customer will be provided reasonable notice (this shall not be considered as downtime of the CloudAPI). Microblink reserves the right to change its maintenance windows upon prior notice to the Customer. Cloud provider’s SLA is applicable for any response and resolve times related to the availability of the Service. Microblink shall use reasonable efforts to facilitate the SLA of Cloud providers.
“Subscription Term” or “Term” means the duration set forth in the Agreement and applicable Product Offer.
2.1. Support. Support includes the software features that Microblink makes generally available to its Customer base during the applicable Term as described in the Agreement. Support consists of assistance provided to the Customer via email: support@microblink.com with respect to the use of Microblink CloudAPI and to resolve issues.
2.2. Support Hours. Support cases are tracked and managed through access to a ticketing system operated by Microblink’s support. Support is available Monday through Friday during Microblink’s business hours, excluding local (Croatian) holidays. Microblink’s business hours are 9 am – 5 pm (UTC+2) (“business hours”).
2.3. Severity Classification and Response Time Goals. Issues are classified by Microblink according to the severity of impact on the use of Microblink CloudAPI, according to the chart below. All disputes regarding severity classification will be resolved by Microblink in its sole discretion.
Issue Severity Level:
Level 1 — The production system is down, impacting all applications and associated business systems.
Response Time Goal: 4 business hours
Level 2 — Production system performance is degraded, but operational; Issue affects essential functions; or Issue is blocking critical systems tests or deliverables.
Response Time Goal: 1 business day
Level 3 — General product questions relating to the development, feature issues, or Documentation.
Response Time Goal: 1 business day
3.1. Support Contact. All communications relating to Support will be supervised, coordinated, and undertaken by no more than two (2) designated contact persons per Customer work-shift who will act as a point of contact between the Customer and Microblink. Each contact must possess or, at Customer’s expense, acquire the necessary expertise and training to diagnose and resolve Issues with direction by Microblink.
3.2. Pre-Report Procedures. Prior to requesting Support from Microblink, the Customer shall comply with all published operating and troubleshooting procedures for the CloudAPI. If such efforts are unsuccessful in eliminating the Issue, the Customer shall then promptly notify Microblink of the Issue. The Customer shall confirm that the following conditions are true before contacting Microblink for support:
a) Reproduction. If possible, the situation giving rise to the Issue is reproducible.
b) Support Representative. Customer contact has the technical knowledge regarding the Microblink CloudAPI and any other software or hardware systems involved, and in the facts and circumstances surrounding the Issue.
c) Access. The entire system, including all software and hardware, is available to the Customer contact without limit during any communication with Microblink support personnel; and
d) Availability. If requested and required, the Customer must make available to Microblink a technical representative during support hours of coverage for all Issues. Microblink reserves the right to suspend all work relating to any Issues during periods for which the Customer does not provide access to a technical representative or requested data to continue work on the Issue.
3.3. Remote Connection. If appropriate, the Customer will cooperate with Microblink to allow and enable Microblink to perform Support via the remote connection using standard, commercially available remote control software. The Customer will be solely responsible for instituting and maintaining proper security safeguards to protect the Customer’s systems and data.
3.4. Limitations. This SLA and any other applicable service levels do not apply to any performance or availability issues:
3.5. Disclaimer. Microblink will not be responsible to provide Support, updates, or any other maintenance and support to the extent that Issues arise because the Customer: (a) misuses, improperly uses, misconfigures, alters, or damages the Microblink CloudAPI; (b) uses the CloudAPI with any hardware or software not recommended by Microblink; (c) uses the CloudAPI at any unauthorized location; (d) fails to install an update of the Product (as defined in the Agreement) or CloudAPI if such update would have resolved the Issue; or (e) otherwise uses the CloudAPI in a manner not in accordance with the applicable Agreement.
3.6. THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT SCANNING PERFORMANCE DEPENDS ON THE ENVIRONMENT WHERE IT’S USED, DEVICE USED FOR SCANNING, LIGHTNING, LEVEL OF DAMAGE ON THE DOCUMENT, POSITIONING OF THE DEVICE ABOVE THE DOCUMENT, INTRODUCTION OF NEW DOCUMENT TYPES, MANY OF WHICH ARE OUT OF CONTROL OF THE MICROBLINK. SINCE SCANNING, DATA EXTRACTION AND IMAGE PROCESSING PERFORMANCE IS NOT DETERMINISTIC AND CANNOT BE GUARANTEED TO BE 100%, THIS SLA DOESN’T COVER SCANNING PERFORMANCE.
4.1. The Customer is eligible for an amount equal to 1% of the Scanning Credits as set forth in the Product Offer (plan) for each 1% loss of System Availability per CloudAPI, up to a 10% maximum of the Customer’s fee for the affected CloudAPI Service.
4.2. If the Subscription Term has ended prior to receiving the Service Credits, Microblink shall provide the Subscription Term extension for the period necessary to make use of the Service Credits. Service Credits may not be exchanged for, or converted to, monetary amounts.
4.3. In order to receive any of the Service Credits described above, the Customer must notify Microblink with a request for Service Credits, within thirty (30) days from the time the System was not available to the Customer. Failure to comply with this requirement will forfeit the Customer’s right to receive a Service Credit.
4.4. Microblink will evaluate all information reasonably available and make a good faith determination of whether the Service Credits are owed. We will use reasonable efforts to address your claim within a period of thirty (30) days from receipt of the claim.
5.1. Scope. The Customer acknowledges that the Microblink CloudAPI can, apart from removable errors in code, i.e. bugs, show other errors which are a result of the imperfection of technologies developed and/or embedded in the products by Microblink and which can result in inaccurate and/or imprecise scanning results. Such errors by their nature may be removed within the reasonable time limit, however, their removal does not enter the scope of the support services herein contracted, but the same shall be communicated to Microblink’s Support and Development team for further development and enhancement of the Product and CloudAPI. Additional support services (“Professional support services”), if contracted, shall be paid in advance for a certain time limit of duration of the Agreement. The cost of Professional support services shall be determined on an hourly basis.
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