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<br />Submittable Customer Terms of Service <br />v1.4 <br /> Page 1 of 28 <br />Submittable Customer Terms of Service <br /> <br />This Submittable Customer Terms of Service (“TOS”) is by and between Submittable Holdings, Inc., a Delaware <br />Corporation with offices located at 101 E. Front St, Suite #500, Missoula, MT 59802 (“Submittable”) and Orange County, <br />North Carolina Housing, the person or entity who executed the Order Form (“Customer” or “You”). This TOS is effective <br />as of the date You executed the Order Form. Submittable and Customer may be referred to collectively as the “Parties” or <br />individually as a “Party.” <br />1. Acceptance of the TOS. The TOS governs Your access to and use of Submittable’s Services. Please read this TOS <br />carefully before You start to use the Services. By using the Services or by executing the Order Form, You accept and <br />agree to be bound and abide by this TOS . If You do not want to agree to this TOS, You must not access or use the <br />Services. The Services are offered and available to users who are 18 years of age or older. By using the Services, You <br />represent and warrant that You are of legal age to form a binding contract with Submittable and that You have read, <br />understood, and agree to be bound by this TOS. If You agree to this TOS on behalf of an entity, You represent that You <br />have the authority to bind such entity to this TOS. If You do not meet all of these requirements, You must not access or use <br />the Services. <br />2. Additional Definitions. In addition to terms defined throughout this TOS, the following terms have the following <br />meanings: <br />“Authorized User” means Customer’s employees, consultants, contractors, and agents (a) who are authorized by <br />Customer to access and use the Services under the rights granted to Customer pursuant to this TOS; and (b) for <br />whom access to the Services has been purchased under this TOS. <br />“Customer Data” means all information, data, and other content, in any form or medium, that is processed by <br />Submittable on behalf of Customer under or in connection with this TOS, whether supplied by Customer, an End <br />User, or otherwise, and all intellectual property rights in the foregoing. Customer Data includes reports generated <br />by the Services based on previously existing Customer Data. Customer Data does not include Resultant Data or <br />Submittable IP. <br />“Documentation” means any documents or materials that Submittable provides to Customer in any form or medium <br />and which describe the functionality, components, features, or requirements of the Services or Submittable IP. <br />“End User” means a natural person or entity utilizing the Services to submit or transfer End User Data to Customer <br />via the Services. <br />“End User Data” means all information, data, and other content, in any form or medium, that is submitted, <br />transferred, transmitted, or otherwise sent, directly or indirectly from an End User by or through the Services that is <br />processed by Submittable on behalf of Customer under or in connection with this TOS. <br />“Order Form” means the provisions for Customer’s purchase of the Services which Customer shall execute to <br />purchase the Services and is incorporated here by reference. <br />“Resultant Data” means data and information related to Customer’s, an Authorized User’s or an End User’s use of <br />the Services that are used by Submittable in an aggregate and anonymized manner and only in accordance with <br />this TOS. <br />“Services” means the software-as-a-service described in the Order Form. <br />“Submittable IP” means the Services, the Documentation, and any and all intellectual property that are provided <br />or used by Submittable or any Subcontractor or Sub -processor in connection with the Services or this TOS or <br />otherwise comprise or relate to the Services or Submittable’s information technology infrastructure and all <br />intellectual property rights in any of the foregoing. Submittable IP includes Resultant Data, but does not include <br />Customer Data. <br />“Third-Party Materials” means materials and information, in any form or medium, including any open-source or <br />other software, documents, data, content, specifications, products, equipment, or components of or relating to the <br />Services that are not proprietary to Submittable. <br />3. Access and Use. <br />3.1. Provision of Access. Subject to and conditioned on Customer’s and its Authorized Users’ compliance with <br />the terms and conditions of this TOS, Submittable hereby grants Customer a non-exclusive, non- <br />transferable right to access and use the Services during the Term. Customer must set up a Submittable <br />DocuSign Envelope ID: 367666E5-0A49-40C9-BFB5-74D495BAB8F1