Acceptable Use Policy
the acceptable use policy made available by Blink at https://www.joinblink.com/blink-aup and as updated from time to time, which sets out Blink’s requirements for use of the Services by Customer and Authorised Users.
the Implementation Services or other services (excluding the provision of the Blink Apps, Blink APIs, Micro-Apps, and Integrations themselves but including development, support, and maintenance thereof) requested during the online sign-up process, via the admin panel, or as otherwise set out in the Service Description, and/or Statement(s) of Work.
Additional Services Fee(s)
any fees related to the provision of Additional Services from time to time, as set out during the online sign-up process, in the admin panel and/or Statement(s) of Work.
an Authorised User who is authorized by Customer to access and use the “admin panel” in the Blink Apps to administer and manage Customer’s instance of the Blink Apps and/or for other internal business purposes on behalf of Customer, including to view and/or interact with Frontline Intelligence.
add-on services and/or functionality of the Blink Apps, Micro-Apps, Integrations, and other technology developed or made available by Blink from time to time, as selected during the online sign-up process, via the admin panel, or otherwise agreed between the parties in writing.
Add-on Subscription Fee(s)
any fee(s) applicable to Add-on Features, as set out in the online sign-up process, the admin panel and/or communicated by Blink via email, and/or calculated in accordance with this Agreement or otherwise agreed between the parties in writing.
each individual employee, worker, agent, or contractor of Customer who is allocated a User Subscription by Customer to access and use the Blink Apps.
the online catalogue visible in the “admin panel” of the Blink Apps, or otherwise online from time to time, describing certain Integrations, Micro-Apps and/or functionality enabled by Blink, as may be amended, or updated by Blink in its sole discretion.
an Allocated User who has completed the enrolment process described in the Service Description and as such is authorised by Customer to access and use the Services via the Blink Apps solely for internal business purposes.
Super Smashing Limited, a company incorporated in England and Wales under company number 08817286, with its registered address at 2 Westland Place, London, England, N17LP.
the application programming interfaces developed and enabled by Blink that permits Customer and Authorised Users to access and use certain functionality provided by the Services in accordance with the Documentation.
the software applications installed on a Device or accessed from Blink’s website(s) (as amended from time to time) and made available by Blink from the relevant App store or website to Authorised Users to enable them (subject to the Authorised User indicating their agreement to the Acceptable Use Policy) to access the Services.
all data, information and material owned by or licensed to Blink and/or its affiliates and comprised within the Services and Documentation but excluding Customer Data.
means the date on which Customer gains access to the Services and/or accepts these Blink T&Cs, including under any Free Trial. If Customer subsequently agrees to purchase User Subscriptions via the admin panel or otherwise as may be agreed to in writing between the parties, the date on which this occurs will be the Commencement Date relevant to the paid-for User Subscriptions.
all information in any medium or format (including written, oral, visual or electronic, and whether or not marked or described as "confidential"), relating to the Disclosing Party, its affiliates, or its (or its affiliates’) Personnel, customers or suppliers, which is directly or indirectly disclosed by or on behalf of the Disclosing Party or its affiliates to the Receiving Party or its affiliates, whether before or after the Commencement Date, and which would reasonably be regarded as confidential, but not including: (i) information in the public domain other than as a result of a breach of confidentiality by the Recipient; (ii) information the Receiving Party received, free of any obligation of confidence, from a third party which was not itself under any obligation of confidence in relation to that information, whether or not before the date of its disclosure by the Disclosing Party; (iii) information which the Receiving Party can show was developed or created independently by it or its affiliates; or (iv) information already known to the Receiving Party at the time of disclosure without restrictions on disclosure. For the avoidance of doubt, in the case of Blink, the amount of Fees payable by Customer shall be considered Blink’s Confidential Information.
the party identified as the Customer during the online sign-up process.
all data, information, and material that Customer and/or Authorized Users input or upload to the Services or transmit through the Services and/or any Integration, including personal data.
Data Protection Agreement or DPA
the agreement between the parties governing the protection and processing of personal data pursuant and/or relating to this Agreement available at https://www.joinblink.com/blink-data-protection-agreement
Data Protection Legislation
has the meaning given in the Data Protection Agreement.
a device on which an Authorised User or multiple Authorised Users may access, including downloading a version of a Blink App.
a party disclosing its Confidential Information to the Receiving Party, which, in the case of Customer, may be Customer and/or Authorised Users, and in the case of Blink, may be Blink and/or Blink's affiliates, as applicable.
the company which makes the Services available to Customer by way of separate agreement.
the documents made available to Customer by Blink online via Blink’s websites, hub and/or help center, or such other web address notified by Blink to Customer from time to time, and/or any hard copy materials provided by Blink to Customer, including the Service Description and other instructions and guidance for the Services.
the Add-on Subscription Fees, Subscription Fees and Additional Services Fees, and any other fee or charges payable as agreed from time to time.
the Freedom of Information Act 2000, the Environmental Information Regulations 2004, and any other applicable laws or regulations relating to general rights of access to information held by public authorities.
a limited period during which Blink may offer some or all of the Services free of any Fees and subject to usage restrictions, as determined by Blink in its sole discretion. On expiry of the Free Trial, Customer will be liable for all Fees set out in the chosen Plan. In the absence of an expiry date of a Free Trial, Customer may continue to receive some or all of the Services until such time as Blink (in its sole discretion) requires Customer to upgrade to a paid-for Plan or removes, suspends or terminates Customer’s and Authorized Users’ access to theServices, for any reason and without notice.
the analytics services, displays and reports accessible via the “admin panel”.
the professional and/or other services provided by Blink, whether in-person or remote, relating to Customer’s adoption, configuration, launch and/or roll-out of the Services to Authorised Users.
the initial term of the Agreement selected during the online sign-up process (and as confirmed by Blink via email) or selected in the admin panel, excluding a Free Trial.
the occurrence of any one or more of the following events in relation to a party:
a) the party becomes unable to pay its debts (within the meaning of section123 of the Insolvency Act 1986), admits its inability to pay its debts or becomes insolvent;
b) a petition is presented, an order made, or a resolution passed for the liquidation (otherwise than for the purposes of a solvent amalgamation or reconstruction), administration, bankruptcy, or dissolution of the party;
c) an administrative or other receiver, manager, trustee, liquidator, administrator or similar person or officer is appointed to the party and/or over all or any part of the assets of the party;
d) the party enters into or proposes any composition or arrangement concerning its debts with its creditors (or any class of its creditors)generally; or
e) anything equivalents to any of the events or circumstances listed in limbs (a) to (d) (inclusive) occurs in any applicable jurisdiction.
Intellectual Property Rights
patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now orin the future in any part of the world.
any integration with Third Party Services, a Micro-App or Customer’s own website or services, built by Customer, Blink or a third party, whether or not subject to Add-on Subscription Fees and/or Additional Services Fees, which enables interoperation between the Blink Apps and such Third Party Services, Micro-App or Customer website or services.
the number of User Subscriptions purchased by Customer as confirmed by Blink after Customer’s online request to sign up for Services, or as may be requested in the admin panel (subject to the payment of Subscription Fees), or otherwise calculated in accordance with the terms of this Agreement.
an application, tool, interface, functionality, widget, or website (as may be further described in the Documentation), built by Customer, Blink or a third party, whether or not for Add-On Subscription Fees and/or Additional Services Fees.
a party’s employees, directors, officers, workers, agents, and contractors.
the subscription plan incorporating the level of support provided. All online sign-ups, including via the admin panel, shall be Business Plans, unless upgraded agreed in writing to upgrade to Enterprise.
a party receiving Confidential Information from a Disclosing Party
has the meaning given in clause 11.6.
has the meaning given in clause 2.
has the meaning given in clause 11.6(b).
any applicable national, federal, state, and local sales, use, value added, excise and other similar taxes, fees and surcharges that are legally or by custom borne by a purchaser of goods or services.
the published specification for the Services setting out (amongst other things) a description of the operation and functioning of the Blink Apps, the services available via the Blink Apps including pursuant to any Integrations, and Blink's processes and procedures for maintaining the security, availability, and performance of the Blink Apps, as set out at https://www.joinblink.com/blink-service-description and as may be updated by Blink from time to time.
the provision of:
a) the Blink Apps, Blink APIs, Blink Content, Documentation, Frontline Intelligence, Add-on Features and/or Additional Services by Blink to Customer;
b) the permission (whether implied or express) by Blink to Customer for it to connect Third Party Services and/or Micro-Apps to Blink’s Services via Integrations,
in each case as confirmed by Blink after Customer’s online request, as requested in the admin panel or as otherwise set out in Statement(s) of Work, Service Description and/or App Marketplace.
Statement of Work
a statement of work for Additional Servicesbetween the parties from time to time.
the subscription fees set out in the online sign-up process and as confirmed by Blink via email, or as agreed in the admin panel, payable by Customer to Blink for User Subscriptions, as may be amended in accordance with this Agreement.
the Free Trial, or the Initial Term together with any subsequent Renewal Term(s).
Third Party Services
any services provided by a third party to the Customer, which may be integrated with the Services through an Integration.
the user subscription(s) purchased by Customer, which entitle Customer to invite Allocated Users to become Authorised Users and access and use the Services via the Blink Apps, in accordance with this Agreement.
any thing or device (including any software, code, file, or program) which may:
a) prevent, impair, or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;
b) prevent, impair, or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering, or erasing the program or data in whole or part or otherwise); or
c) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.