# nCino's Mortgage Acceptable Use Policy

Review nCino's Mortgage Acceptable Use Policy


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## Mortgage Acceptable Use Policy

This nCino Mortgage Acceptable Use Policy (“AUP”) applies to the use of any product, service, or website provided by us, SimpleNexus, LLC d/b/a nCino Mortgage, LLC (“nCino Mortgage”), whether we provide it directly or use another party to provide it to you (each, an “nCino Mortgage Service”). This web site and nCino Mortgage Services are provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully. The examples described in this AUP are not exhaustive.

YOUR CONTINUED USE OF THIS SITE OR ANY NCINO MORTGAGE SERVICE WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THIS SITE OR ANY NCINO MORTGAGE SERVICE.

**Privacy**. The nCino Privacy Statement is expressly incorporated in this AUP.

**Restrictions on Use.** All pages within this website and any material made available for download (collectively the “Site”) are the property of nCino Mortgage  and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of nCino Mortgage. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by this Acceptable Use Policy, or any applicable end user license agreements are reserved by nCino Mortgage.

**Copyright and Trademark Notice.** All material on this Site is Copyright SimpleNexus, LLC d/b/a nCino Mortgage, LLC © 2023. All rights reserved. “nCino Mortgage,” “nCino Mortgage Suite”, “nCino Incentive Compensation”, and “nCino Mortgage Analytics”  are trademarks of nCino OpCo, Inc and should not be used without the advance written permission of nCino OpCo, Inc.. All other trademarks, service marks, and logos used in this Site that are not owned by nCino Opco, Inc. or SimpleNexus LLC, d/b/a nCino Mortgage, LLC are the trademarks, service marks, or logos of their respective owners.

**Warranty Disclaimer.** THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
NCINO MORTGAGE, ITS AFFILIATES, ASSOCIATES, AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
 
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although nCino Mortgage attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform nCino Mortgage so that it can be corrected. Information contained on the Site may be changed or updated without notice.

**Links or Pointers to Other Sites.** nCino Mortgage makes no representations about any other website you may access through this Site. When you access a non-nCino Mortgage website, please understand that it is independent from nCino Mortgage and that nCino Mortgage has no control over the content on that website. In addition, a hyperlink to a non-nCino Mortgage website does not mean that nCino Mortgage endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

**Acceptable Use and Responsibilities of Authorized Users.** Because the nCino Mortgage Service is designed as a shared service on a shared environment and the actions individual users take while using the nCino Mortgage Service can impact our system as a whole, the intent of this AUP is to maintain the integrity and performance of the nCino Mortgage Service. As such, all users must follow this AUP.

The nCino Mortgage Service provided are intended for use for the internal business purposes of our clients and their employees, representatives, consultants, contractors, or agents who are authorized to use the nCino Mortgage Service and have been supplied login credentials by the client. The use of nCino Mortgage Service shall not be used for any commercial purpose beyond the functionality intended and outlined in the Software as a Service Agreement.

As an approved user, you understand and accept responsibility for all activity occurring through the use of the nCino Mortgage Service and shall abide by all applicable local, state, national and foreign laws, treaties, and regulations in connection with use of the nCino Mortgage Service, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you agree to:

- Provide us with true, accurate, current, and complete information.
- Take sole responsibility for the deletion, correction, destruction, damage, loss, or failure to store any information through the use of our nCino Mortgage Service.
- Maintain the security of your login credentials, not reveal it to anyone else, or use anyone else’s credentials.
- Immediately notify us of any unauthorized use of user credentials or any other breach of security.
- Ensure that all users are familiar with the use and operation of the nCino Mortgage Service and all restrictions and obligations related to the nCino Mortgage Service.
- Retain responsibility for administering security within the nCino Mortgage Service (e.g., the granting of rights and access to users).
- Configure necessary user accounts via the administrator account provided by us.
- Utilize the Impersonation feature for read-only purposes only and only if your individual account specifically grants you access to those rights.
Prohibited Use. As an authorized user, you agree not to violate the AUP, misuse the nCino Mortgage Service, help anyone else misuse the nCino Mortgage Service, or partake in prohibited actions including but not limited to:
- Allow any unauthorized user to access the nCino Mortgage Service by sharing your login credentials.
- Impersonate another user or provide false identity information to gain access to or use the nCino Mortgage Service.
- Probe, scan or test the vulnerability of the nCino Mortgage Service.
- Breach or otherwise bypass any security or authentication measures.
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the nCino Mortgage Service or its Content in any way.
- Access, tamper with or use any areas or parts of the nCino Mortgage Service you haven’t been granted access to.
- Introduce into your computing environment any other software, data, or equipment that may have an adverse impact on the nCino Mortgage Service.
- Interfere with or disrupt any user, host, or network by sending a virus, overloading, flooding, or spamming any part of the nCino Mortgage Service.
- Violate the law in any way, including storing, publishing, or sharing material that’s fraudulent, defamatory, or misleading.
- Violate privacy or infringe the rights of others.
- Modify or make derivative works based upon the nCino Mortgage Service or its Content.
- Reverse engineer, disassemble, decompile or make any attempt to ascertain, derive or obtain the source code for the nCino Mortgage Service.
- Upload or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children.
- Copy information from the nCino Mortgage Service and distribute it to any unauthorized users.
- Overload the nCino Mortgage Service with data requests so as to impair performance.
- Use automated means to access pages or collect content. You must login as a human being and not as a machine.

Any violation of this AUP, authorizing or helping others violate this AUP, or engaging in any activity that poses a threat to our system and the nCino Mortgage Service, may result in the suspension or termination of your account and the subscription agreement of your parent organization.

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Consequences of Misuse.** We have the right, at any time, to closely review, suspend, limit, or disable the use of the nCino Mortgage Service if user breaches or otherwise engages in conduct in violation of this AUP.
In addition, we have the right to audit use of the nCino Mortgage Service and compliance with this AUP from time to time. Any action taken by us under this AUP is made solely within our discretion.

**Choice of Law and Venue. **This AUP shall be governed by the laws applicable in the State of Delaware, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this AUP or the nCino Mortgage Service shall be subject to the exclusive jurisdiction of the courts of the State of North Carolina.

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