# nCino Community Website Terms of Use

Community Terms of Use


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Welcome to the nCino Community website service (the "Service"). The following Terms of Use cover our nCino Community Website and any other platforms or offerings where these Terms of Use are made available and apply when You view or use the Service. When used in these Terms of Use, "We," "Us," "Our" or "the Company" refers to nCino, Inc. and "You" and "Your" refers to the individual person, company, or entity that visits, uses, or has access to the Service. Please review the following terms carefully. By accessing or using the Service, You signify Your agreement to these Terms of Use. If You do not agree to these Terms of Use or you violate any of the Terms of Use, You may not access or use the Service.

**PRIVACY POLICY**

The Company respects the privacy of its Service users. Please refer to the Company's Privacy Statement (found here: [https://www.ncino.com/privacy-statement](https://www.ncino.com/privacy-statement)) which explains how We collect, use, and disclose information that pertains to Your privacy. When You access or use the Service, You signify Your agreement to the Privacy Statement.

**COMMUNITY GUIDELINES**

The nCino Community Guidelines (found [here](https://ncino.my.site.com/s/guidelines): https://ncino.my.site.com/s/guidelines) foster a respectful and constructive community environment where members can share their knowledge, ask thoughtful questions, and offer honest help while ensuring that contributions are valuable, user-generated content is applied with good judgment, and the community remains free from advertising and disruptive behavior. When you access or use the Services, You agree to abide by the nCino Community Guidelines.

**ABOUT THE SERVICE**

The Service offers an ecosystem of resources and tools to support Your adoption and use of, and success with, nCino's products and services.

**REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE**

If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

You are solely responsible for Your compliance with Your employer's policies and requirements. You are also solely responsible for compliance with all applicable regulatory or legal requirements.

**USE RESTRICTIONS**

Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that You will not under any circumstances:

- post any information that is abusive, threatening, obscene, defamatory, libelous, infringing, or racially, sexually, religiously, or otherwise objectionable or offensive;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the Service, or take any action that we deem to impose, or to potentially impose, an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user's browser or computer, or that
- violates anyone's privacy or publicity rights;
- breaches any duty of confidentiality You owe to anyone;
- provides any non-public information about Your company or any other company or person without authorization; or
- contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed, or having the capability, to disrupt, damage or limit the functionality of the Service.

**POSTING AND CONDUCT RESTRICTIONS**

When You create Your own personalized account, You may be able to provide content via the Service ("User Content"). You are solely responsible for the User Content that You post, upload, link to or otherwise make available via the Service. You agree that the Company is only acting as a passive conduit for Your online distribution and publication of Your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, You agree as follows:

- You are solely responsible for Your account and the activity that occurs while signed in to or while using Your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless You are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm that We have the right to determine whether any of Your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of Your submissions, and terminate Your account without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that You make available or access through Your use of the Service is solely Your responsibility. The Company is not responsible for any public display or misuse of Your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, We, or technology We employ, may monitor and/or record Your interactions with the Service.

**ONLINE CONTENT DISCLAIMER**

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such information. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that You or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to users.

Though the Company strives to enforce these Terms of Use, You may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service or to limit or deny a user's access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which We deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or these Terms of Use or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If You become aware of misuse of our Service, please promptly contact Us at CommunityManager@ncino.com.

**LINKS TO OTHER SITES AND/OR MATERIALS**

As part of the Service, the Company may provide You with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Service users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from, the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement there of by the Company. If You decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Service or relating to any applications You use or install from the site.

**COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT**

(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If You are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to the Company's designated copyright agent at nCino OpCo, Inc., 6770 Parker Farm Drive, Wilmington, NC 28405, Attn: General Counsel:

- The date of Your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (c) Counter-Notices. If you believe that your User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that You have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of the federal court in Wilmington, NC and a statement that You will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company's copyright agent, the Company may send a copy of the counter- notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company's discretion) be reinstated on the Service in 10 to 14 business days or more after receipt of the counter-notice.

**LICENSE GRANT**

By posting any User Content via the Service, You expressly grant, and You represent and warrant that You have a right to grant, the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, exploit, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.

**INTELLECTUAL PROPERTY**

You acknowledge and agree that We and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You under these Terms of Use.

**ARTIFICIAL INTELLIGENCE**

We may use artificial intelligence (including generative artificial intelligence), machine learning, models, and other artificial intelligence technologies (“AI”) in connection with the Service. Outputs of AI do not represent nCino’s views or opinions. By using AI in the Service, you agree to use it responsibly and understand that all AI-generated content is provided “as-is” and may not always be accurate or appropriate. You are solely responsible for any content you input or act upon, and nCino is not responsible or liable for any outcomes resulting from your use. Do not use the AI tools for anything unlawful, harmful, or misleading, and respect the system and others. nCino may view, store, and process your inputs, outputs, and other data relating to your use of AI to provide, support, and improve the AI we deploy. We may update these terms as our technology evolves, and we encourage your feedback to help us improve.

**EMAIL MAY NOT BE USED TO PROVIDE NOTICE**

Communications made through the Service's e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

**USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM**

You (a) consent to receive communications from the Company in an electronic form via the email address You have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect Your non-waivable rights.

We may also use Your email address to send You other messages, including information about the Company and special offers. You may opt out of such email by changing Your account settings or sending an email to CommunityManager@ncino.com or mail to the following postal address:

nCino OpCo, Inc.

Customer Support

6770 Parker Farm Drive

Wilmington, NC 28405

Opting out may prevent you from receiving messages regarding the Company or special offers.

**WARRANTY DISCLAIMER**

THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

**LIMITATION OF DAMAGES; RELEASE**

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU OR OTHERWISE FOR ANY LOSSES, LIABILITIES, OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, USE, OR DATA, OR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, THAT ARISE FROM OR RELATE TO (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OF OR RELIANCE ONTHE SERVICE; (C) YOUR INABILITY TO USE THE SERVICE; (D) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. If You have a dispute with one or more users, You release Us (and Our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

**MODIFICATION OF TERMS OF USE**

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is Your sole responsibility to check the Service from time to time to view any such changes in these Terms of Use. If You continue to use the Service, You signify Your agreement to our revisions to these Terms of Use, however, we will notify You of material changes to these Terms of Use by posting a notice on our homepage and/or sending an email to the email address You provided to Us upon registration. For this additional reason, You should keep Your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms of Use by the Company via telephonic or email communications shall be valid.

**GENERAL TERMS**

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms of Use will not be considered a waiver of Our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

You agree that any cause of action related to or arising out of Your relationship with the Company must commence within (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and Your use of the Service are governed by the federal laws of the United States of America and the laws of the State of North Carolina, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or the Company's Privacy Statement, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under these Terms of Service or the Company's Privacy Statement without the Company's prior written consent, and any unauthorized assignment and delegation by You is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THESE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY STATEMENT AT [https://www.ncino.com/privacy-statement](https://www.ncino.com/privacy-statement) REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND YOU REGARDING THE SUBJECT MATTER HEREOF, AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US AND YOU RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

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