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DocuSign Envelope ID:90A54439-23B9-40AF-8246-BFCAAEAA529D <br /> (b) Customer systems and Cooperation. Customer shall at all times during the Term: (i) set up, <br /> maintain, and operate in good repair and in accordance with the Documentation all Customer <br /> systems on or through which the Services are accessed or used; (ii) provide Submittable personnel <br /> with such access to Customer's premises and Customer systems as is necessary for Submittable to <br /> perform the Services in accordance with the Documentation; and (iii) provide all cooperation and <br /> assistance as Submittable may reasonably request to enable Submittable to exercise its rights and <br /> perform its obligations under and in connection with this TOS. <br /> 5. Service Levels and Support. <br /> (a) Service Levels. Subject to the terms and conditions of this TOS, Submittable shall use <br /> commercially reasonable efforts to make the Services available in accordance with the service <br /> levels set out in Exhibit A. <br /> (b) Support. The Services include Submittable's standard customer support services in <br /> accordance with Submittable service support schedule then in effect, and any additional support <br /> services Customer purchases as set forth in the Order Form ("Support Services"). Customer may <br /> purchase enhanced Support Services separately at Submittable's then-current rates. <br /> 6. Security. <br /> (a) Data Backup. The Services do not replace the need for Customer to maintain regular data <br /> backups or redundant data archives. Outside of Submittable's obligations under this TOS and the <br /> DPA, Submittable has no obligation or liability for any loss, alteration, destruction, damage, <br /> corruption, or recovery of Customer Data. <br /> (b) Submittable Security. Submittable shall: (i) comply with applicable laws in its creation, <br /> collection, receipt, access, use, storage, disposal, and disclosure of Customer Data; (ii) only process <br /> or disclose Customer Data in accordance with this TOS; (iii) only process End User data in <br /> accordance with Submittable's Privacy Policy, which may be amended from time to time, found at: <br /> https://www.submittable.com/privacy; (iv) implement appropriate administrative, physical, and <br /> technical safeguards and measures designed to safeguard Customer Data against unauthorized or <br /> unlawful processing, access, copying, modification, storage, reproduction, display, or distribution, <br /> and against accidental loss, destruction, or damage including, but not limited to, the security <br /> measures set out in Appendix B of Exhibit B. Submittable must document those measures in <br /> writing and periodically review them, at least annually, to ensure they remain current and <br /> complete; (v) take reasonable measures, including the collection of industry-standard audit trails <br /> to protect Customer Data against deterioration or degradation of data quality and authenticity; <br /> (vi) take reasonable precautions to preserve the integrity of any Customer Data it processes and to <br /> prevent any corruption or loss of Customer Data, including but not limited to establishing effective <br /> back-up and data restoration procedures; (vii) process or transmit Customer Data in a secure and <br /> encrypted manner; and (viii) ensure the Services are materially free of any system settings or <br /> defects that would create potential unauthorized access to or disclosure of Customer Data. <br /> (c) Personal Information and Cross-Border Transfers. Provided either Party's use of the <br /> Services involves the processing of Personal Information (as defined in the Data Protection <br /> Addendum at Exhibit B) or if either Party becomes subject to the General Data Protection <br /> Regulation by providing or using the Services under this TOS, the Data Protection Addendum set <br /> forth in Exhibit B shall be in effect, and each Party shall abide by its obligations. <br /> (d) Data Breach Procedures. Submittable shall: (i) maintain a cyber incident breach response <br /> plan in accordance with acceptable industry standards and will implement the procedures <br /> required under such plan; (ii) promptly notify Customer of any unauthorized access to or <br /> disclosure of Customer Data; and (iii) coordinate with Customer, as necessary and reasonable, to <br /> investigate any unauthorized access to or disclosure of Customer Data. <br /> (e) Customer Control and Responsibility. Customer has and will retain sole responsibility for: <br /> (i) all Customer Data, including its content and use; (ii) all information, instructions, and <br /> Submittable Customer Terms of Service v1.1 Page 5 of 13 <br />