<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
|