2024-391-E-Housing Dept-Submittable Holdings-Online Application Software Process

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Submittable Customer Terms of Service v1.4 Page 3 of 28 3.9. Removal of Customer Data. Submittable may remove or disable any Customer Data (i) as permitted under this TOS; (ii) as required by applicable law; (iii) thirty (30) days a fter the Term; or (iv) upon Customer’s written request. 3.10. Resultant Data. Notwithstanding anything to the contrary in this TOS, Submittable may monitor Customer’s use of the Services and collect and compile Resultant Data. Resultant Data must be used in a ma nner where such use cannot reasonably lead to the identification of any Customer, Authorized User, or End User. Submittable may use Resultant Data for statistical and performance information, optimization information, debugging, feature development, perfor mance analytics and optimization, and marketing insights or reports related to the provision and operation of the Services. 3.11. Submittable Access. Submittable has the right, but not the obligation, to monitor the Services, Customer’s, an End User’s, or Authorized User’s use of the Services, or Customer or End User Data to (i) determine compliance with this TOS, (ii) at Customer’s, an End User’s, or Authorized User’s request for technical support or otherwise, (iii) to satisfy any law or authorized government r equest; or (iv) ensure performance and security of the Services. 3.12. Changes to Services. Submittable reserves the right, in its reasonable discretion, to make any changes to the Services and Submittable IP that it deems necessary or useful to: (i) maintain or enhance: (1) the quality or delivery of Submittable’s Services to its customers; (2) the competitive strength of or market for Submittable’s Services; or (3) the Services’ cost efficiency or performance; or (ii) to comply with applicable law. 3.13. Subcontractors. Subject to the terms of the Data Protection Addendum set forth in Exhibit B (“DPA”), Submittable may from time to time in its discretion engage third -parties to perform Services (each, a “Subcontractor”). Submittable shall be responsible for the acts and omissions of any Subcontractor under this TOS. 4. Customer Responsibilities. 4.1. General. Customer is responsible and liable for all uses of the Services and Documentation resulting from access provided by Customer, directly or indirectly. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this TOS if taken by Customer will be deemed a breach of this TOS by Customer. 4.2. Customer Systems and Cooperation. Customer shall at all times during the Term: (i) set up, maintain, and operate in good repair all Customer systems on or through which the Services are accessed or used; (ii) provide Submittable personnel with reasonable cooperation and assistance to enable Submittable to provide the Services and support to Customer; and (iii) provide reasonable cooperation and assistance as Submittable may reasonably request to enable Submittable to exercise its rights and perform its obligations under and in connection with this TOS. 5. Service Levels and Support. 5.1. Service Levels. Submittable shall use commercially reasonable efforts to make the Services available in accordance with the service levels set out in Exhibit A. 5.2. Support. The Order Form sets forth the designated levels of support (“Support Services”), including the Fees payable by Customer for the levels of Support Services. Submittable shall provide the Support Services in material accordance with the Order Form. 6. Security and Privacy. 6.1. Submittable Security and Privacy Obligations. Customer, as data controller, grants to Submittable the right to process, transmit, store, use, or disclose Customer Data to the extent necessary to provide the Services to Customer and as otherwise expressly set forth in this TOS. In the performance of the Services, Submittable shall comply with the DPA. 6.2. Customer Control and Responsibility. Customer has and will retain sole responsibility for: (i) all Customer Data within its control, including its content and use; (ii) all information, instructions, and materials provided by or on behalf of Customer or any Authorized User in connection with the Services; (iii) the security and use of Customer’s and its Authorized Users’ access credentials; (iv) all acces s to and use of the Services directly or indirectly by or through the Customer systems or its Authorized Users’ access credentials; and DocuSign Envelope ID: 367666E5-0A49-40C9-BFB5-74D495BAB8F1