ABBYY FlexiCapture Cloud API

ABBYY guarantees the availability of the Service 99% of the time. The general availability of the service has no direct effect on the processing speed of individual pages or documents. There is no guaranteed processing speed for any submitted job.

Important: The commitments in this Service Level Agreement are provided only to paying Customer.

1. ABBYY commits to not be less than 99% of the Annual Uptime Percentage for the Service.
2. The general availability of the Service has no direct effect on the processing speed of individual pages or documents. There is no guaranteed processing speed for a submitted job.
3. In the event that the Service Level is not met or less than 99%, ABBYY will calculate the period of time when the Service is not available to Customer due to reported incidents based on Incidents duration and ABBYY will credit Application with corresponding number of hours.
   1. In order to be eligible for such additional number of hours, Customer is required to submit a Claim to ABBYY via the email address stated below not later than seven (7) calendar days after the end of the relevant Quarter.
   2. Customer must provide ABBYY with all reasonable details regarding the Claim, including but not limited to, detailed descriptions of the Incident(s), the duration of the Incident, network trace routes, the URL(s) affected and any attempts made by the Customer to resolve the Incident.
   3. In order to be eligible to submit a Claim with respect to any Incident, the Customer must first notify ABBYY of the Incident within 24 hours after the Incident began at: FC_cloud_support@abbyy.com.
   4. ABBYY will use all information reasonably available to it to validate Claims and make a good faith judgment as to whether the Annual Uptime Percentage commitment has been met with respect to the Claim.
   5. UNDER NO CIRCUMSTANCES SHALL ABBYY BE LIABLE FOR ANY DAMAGES SUFFERED BY THE CUSTOMER AS A RESULT OF USE OR INABILITY TO USE THE SERVICE, OR THE FAILURE OF THE SERVICE TO MEET THE ANNUAL UPTIME PERCENTAGE COMMITMENT, OR CAUSED BY ERRORS, INTERRUPTION OF SERVICE, REMOVAL OF FILES, CHANGE IN FUNCTIONALITY, DEFECTS AND THE LIKE, HOWSOEVER CAUSED. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR THE FAILURE OF THE SERVICE TO MEET THE ANNUAL UPTIME PERCENTAGE COMMITMENT SHALL BE THE ADDITIONAL HOURS DESCRIBED HEREIN.
4. Service exclusions
   

   The Service Level commitment set forth above does not apply to any performance or availability issues

   1. Due to factors outside of ABBYY’s reasonable control (for example, a network or device failure external to Microsoft’s data centers).
   2. That resulted from Customer’s use of hardware, software, or services not provided by ABBYY (for example, third-party services).
   3. Caused by Customer’s use of the Service after ABBYY has advised Customer to modify its use of the Service, or if for any reason the Customer failed to modify its use as advised.
   4. That resulted from actions or inactions of Customer or third parties.
   5. During scheduled downtime.
   6. During beta and trial services (as determined by ABBYY).

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ABBYY MAKES NO OTHER WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICE, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

EXCEPT FOR THE INDEMNIFICATION PROVISIONS STATED ABOVE, IN NO CASE SHALL ABBYY BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING THE LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.