Specification of Services Enterprise Content Buying

Last edited September 16th, 2020

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Definitions

In this Specification of Services the following definitions shall apply according to the meaning here below indicated:

  1. “PROVIDER CONNECTIONS” are integration products to third party content providers that offer stock, royalty free, boutique or rights managed content that are part of SMINT.IO TECHNOLOGY providing API’s to and/or using API’s provided by the respective third party.
  1. “CLOUD SERVICE” shall mean an IT-based services accessible via an individual password-protected link, described in the SPECIFICATON OF SERVICES and specified on the applicable PURCHASE ORDER and any updates or upgrades to such CLOUD SERVICE described in the SPECIFICATON OF SERVICES that are generally released/made available by SMINT.IO to all customers from time to time, which consist of an integrated SOFTWARE – based functionalities deployed through the SMINT.IO TECHNOLOGY.
  1. “THIRD PARTY APPLICATIONS” are applications and offline software products, services and/or systems that are provided by entities or individuals other than SMINT.IO, and that interoperate with and/or are necessary to deploy and serve the CLOUD SERVICE as described in the SPECIFICATON OF SERVICES.
  1. “USERS” are persons belonging to CUSTOMER’s organization who are authorized by CUSTOMER to access and use the CLOUD SERVICE.; the SPECIFICATON OF SERVICES may identify specific classes of USER to whom selected rights in connection with the use of (certain configurations of) the CLOUD SERVICE may be granted; USERS may include CUSTOMER’s direct employees or the employees of SUBSIDIARIES, third party consultants, outsourcers, or SMINT.IOs who have a business relationship with CUSTOMER that justifies their legitimate access to and use of the CLOUD SERVICE under the terms and conditions of this AGREEMENT.

Content Licensing API

  1. The Smint.io Content Licensing API is an element of the CLOUD SERVICE and serves as a Content Licensing API platform (“CLAPI-C”).
  2. The Smint.io CLAPI-C platform integrates various PROVIDER CONNECTIONS allowing USERS to search and license content, such as images or video, across multiple vendors.
  3. Currently available PROVIDER CONNECTIONS:

a) Getty Images
b) Shutterstock
c) Adobe Stock
d) iStock
e) mauritius images
f) PantherMedia
g) 123RF
h) Image Professionals (StockFood, living4media, PhotoCuisine, seasons.agency, Science Photo Library, Friedrich Strauss Gartenbildagentur, lookphotos)

  1. The Smint.io CLAPI-C platform uses existing contracts the CUSTOMER is holding with the content providers for the transaction handling with the content providers. The use of PROVIDER CONNECTIONS requires the CUSTOMER to provide the credentials of these contracts to SMINT.IO as follows:

a. Getty Images: Getty Images API Credentials, plus working USER credentials to OAuth2 login to the platform
b. Shutterstock: Shutterstock API Credentials, plus working USER credentials to OAuth2 login to the platform
c. Adobe Stock: Adobe Stock Enterprise Service Integration Credentials (Private and Public Key
d. iStock: iStock API Credentials, plus working USER credentials to OAuth2 login to the platform
e. mauritius images: USER credentials to login to the platform
f. PantherMedia: PantherMedia USER credentials to OAuth1 login to the platform
g. 123RF: 123RF API Credentials, plus working USER credentials to OAuth2 login to the platform
h. Image Professionals: API credentials

  1. SMINT.IO does not offer own content and never licenses content in its own name to you. When you use your own contracts with providers are used on the CLOUD SERVICE, SMINT.io in no way interferes with the contractual relationship between you and the content providers. SMINT.IO assumes no liability for transactions that have been carried out by USERS unauthorized or erroneous. Reverse processing and refund of transactions are not part of the CLOUD SERVICE and if required by CUSTMOMER must be agreed directly between content provider and CUSTOMER.
  2. At the CUSTOMER’s choice he may license content based on standard license terms as and when available for certain content providers. Such standard license terms will have to be approved by CUSTOMER at activation of each PROVIDER CONNECTION based on such standard license terms. In the case of licensing based on these standard license conditions, the licensor remains the respective content provider, while Smint.io acts as the paying agent.

Content Licensing Portal

  1. The Smint.io Content Licensing Portal is an element of the CLOUD SERVICE and relies on the Smint.io Content Licensing API (“CLAPI-C”).
  2. The Smint.io Content Licensing Portal provides a USER interface that makes content available to USER for all content providers that are set up as PROVIDER CONNECTIONS by SMINT.IO upon request by CUSTOMER and based on a corresponding PURCHASE ORDER.
  3. The Smint.io Content Licensing Portal is made available to CUSTOMER for non-exclusive use, but in a dedicated environment (multi-tenant SaaS). All ownership, copyright and exploitation rights remain the sole property of SMINT.IO
  4. CUSTOMER shall pay an annual fixed fee or a dynamic variable fee in accordance with SMINT.IO’s valid price list as published at https://www.smint.io/en/pricing/ for licensing the CLOUD SERVICE components CUSTOMER has subscribed to in accordance to the relevant PURCHASE ORDERS or online purchasing process.

Smint.io Content Licensing Portal features

  1. PROVIDER CONNECTIONS
    • Highly flexible and USER-friendly search and find functionality across all active PROVIDER CONNECTIONS
    • PROVIDER CONNECTIONS maybe deactivated and reactivated.
    • Management of contracts and offerings of content providers
    • Possibility to activate / deactivate offerings
    • Price management for offerings
    • Prices are imported, if available from the content provider, directly from the content provider and may be amended by CUSTOMER
    • Management of license information and framework agreements
      Option to enter a license description text
    • License conditions can be displayed for each content asset
  1. Administration of USER groups, projects
    • Assignment of billing information at user group and project level
    • Easy rights management
    • Login / Authentication
    • io login system
    • Single Sign On (SSO) through SAML and OIDC
  1. Project context
    The project context is selected as the first step, then the context is worked on or the context can also be changed at any time. This does not require the USER to later select the context (eg cost center) and the right, licensable content elements are always displayed
  1. Research
    • Overview of purchased items (transaction history) with download option
    • Search with fragment selection (to the extent that the search fragments are supported by the content provider interfaces)
  1. Search result and filter
    • Display of already purchased images
    • Search within already purchased images
    • Results without watermark, where technically possible
    • Content detail view with preview and license information, keyword and metadata display
    • Collections (lightboxes)
    • No price display for external users
  1. Content asset licensing
    • Cross content provider cart allowing the purchase of several content assets at once
    • Optional approval process for USERs who are not allowed to purchase on their own behalf
    • Overview of purchased items (transaction history) with download option
  1. Users
    The USER identification equals the e-mail address of the USER and rights may be defined on a USER or user group basis. The number of USERS is not relevant to the Annual Fee.

 Technical Support

  1. General. SMINT.IO maintains a ticket system that can be reached by e-mail. CUSTOMER may send support requests regarding the CLOUD SERVICE to support@smint.io. Support requests may be sent by e-mail 24/7 and are considered received at the beginning of the next support time. Support requests will be handled by qualified personnel who are familiar with the CLOUD SERVICE. SMINT.IO undertakes to analyze any errors notified by the CUSTOMER upon receipt of the notification and to comply with the reaction times in accordance with the following regulations. In the event of multiple errors, the SMINT.IO will remedy the defects in coordination with the CUSTOMER according to their severity and their impact on the operation of the CUSTOMER. Excluded are the external services of Getty, iStock, Shutterstock, Adobe Stock, mauritius images, Panthermedia and other APIs to be connected.
  1. Categories: The reported errors are assigned to the following categories:
  • Error category 1: CUSTOMER is not able to use the services, or essential applications are not executable or generate a data loss or a data corruption.
  • Error category 2: CUSTOMER is able to use the services, but not all functions are applicable. This creates a significant production restriction.
  • Error category 3: The vast majority of the functions of the services are applicable with slight restrictions.

The error category shall be reasonably decided by CUSTOMER, taking due account of the impact of the performance defect on his business and the interests of SMINT.IO.

  1. Response time. For occurring errors with CLOUD SERVICE, a response time is agreed upon receipt of the problem report. A qualified initial reaction is either the telephone contact with the responsible contact person at CUSTOMER, or an e-mail to the responsible contact person at CUSTOMER confirming the receipt of the notification of the problem and stating the corresponding ticket number and information about the beginning of the problem analysis.
    The following response times are agreed upon receipt of the notification:
  • Error category 1: 4 hours
  • Error category 2: 8 hours
  • Error category 3: 24 hours
  1. Beginning of remedial action. The beginning of a remedial action is considered to be the time when SMINT.IO begins to analyze the error documents. The following maximum times may lapse between the qualified initial reaction and the beginning of a remedial action:
  • Error category 1: 1 business day
  • Error category 2: 3 business days
  • Error Category 3: 10 business days

SMINT.IO will regularly inform the responsible contact person of CUSTOMER about the current state of processing and will coordinate closely with CUSTOMER about the cause and the steps for the correction of the error, the time expected for this purpose as well as effects on the operation of CUSTOMER. SMINT.IO is obliged to obtain the agreement of CUSTOMER before carrying out troubleshooting measures that are likely to affect the operation of CUSTOMER.

If it is foreseeable that an error of error classes 1 and 2 cannot be remedied within a reasonable period of time, SMINT.IO will provide an individual work-around for CUSTOMER. If this is not possible, SMINT.IO will agree with CUSTOMER on the further course of action.