# January 2024 Terms of Service January 2024 Terms of Service --- **nCino Mortgage Terms of Service** **1. ****Definitions****.** Defined terms herein shall not apply to the nCino Subscription Services Agreement between nCino OpCo, Inc. and Subscriber, and terms in that agreement shall not apply to the nCino Mortgage Agreement. The following definitions apply to the nCino Mortgage Agreement: **“Analytics Data” **means Subscriber Data, Usage Data, Non-PII Subscriber Data, or any combination thereof, that does not (i) identify Subscriber (either directly or through the exercise of reasonable efforts), or (ii) otherwise contain any Personally Identifiable Information. **“Applicable Laws”** means, with respect to any party, any applicable laws (including common law and national, federal, state, provincial and local laws), codes, statutes, ordinances, rules, regulatory bulletins, and guidance (including those of any regulatory bodies or agencies), regulatory examinations or orders, decrees, and orders of any governmental entity, all as may be amended and in effect from time to time during the Term. **“Approved Subcontractors” **means (i) Amazon Web Services, Inc., (ii) those subcontractors of nCino identified as approved in an SOW, (iii) affiliates of nCino, or (iv) as otherwise determined by nCino. **“Authorized Users” **means Subscriber and any of Subscriber’s employees, representatives, consultants, agents, or other persons Subscriber permits to access or use the Services. **“Documentation”** means user manuals, technical manuals, and any other materials provided or made available by nCino, in printed, electronic, or other form, that describe the installation, operation, use, or technical specifications of the Services. **“Non-PII Subscriber Data” **means Subscriber Data that does not contain Personally Identifiable Information. **“Order Form” **means an order for Services agreed to in writing by the parties. **“Personally Identifiable Information”** or **“PII”** means nonpublic personal information as defined by the Gramm-Leach-Bliley Act, generally, information, other than publicly available information, provided by a consumer to a financial institution, resulting from any transaction with the consumer or any service performed for the consumer; or otherwise obtained by the financial institution. **“Services” or “nCino Mortgage Services” **means the financial services and mortgage software as a service (SaaS) platform and the accompanying features and functionality made available by nCino Mortgage and its Affiliates to its customers including as set forth on an applicable Order Form, SOW, or in the Documentation. **“Subscriber Data”** means the data input into the Services by or from Authorized Users or Customer Portal Users in the course of using the Services. **“Usage Data”** means information and data collected about Subscriber’s use of the Services, including, but not limited to, frequency of logins, volume of Subscriber Data collected, feature usage, and engagement. Usage Data does not contain Personally Identifiable Information. **2.** **Access and Use****.** (A) Limited Access and Use Right. Subject to the terms of the nCino Mortgage Agreement, nCino grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable right to permit Authorized Users to access and use the Services during the Term solely for Subscriber’s business purposes. (B) Unauthorized Access, Duplication, or Use. Subscriber shall prevent its employees and all other third parties from making unauthorized copies of any content in the Services or using the Services in violation of the nCino Mortgage Agreement. Subscriber shall cause each Authorized User to access and use the Services in accordance with the nCino Mortgage Agreement, the Documentation, and Applicable Laws. Subscriber must purchase a subscription (“User Subscription”) for each Authorized User. Each User Subscription may be accessed by no more than a single designated Authorized User and cannot be shared. If Subscriber discovers any such unauthorized access, duplication, or use, it will promptly notify nCino and take all necessary actions to terminate and remediate the unauthorized access as soon as possible. Subscriber shall not reverse engineer or tamper with the security of the Services. Subscriber shall not integrate any third party’s platform, software, or services with the Services without nCino’s prior written consent. (C) Modifications, Enhancements, and Feature Requests.** **nCino may modify, improve, and enhance the Services, as it deems appropriate in its sole discretion, including without limitation by adding additional service options, improving the user interface, and otherwise responding to Subscriber’s and other customers’ feedback and requests. Access to new services may require additional Fees to be set forth in an Order Form and implementation or integration fees set forth in an SOW. Subscriber may utilize nCino’s support website to make enhancement requests and other special requests (“Feature Requests”). All improvements, modifications, or enhancements to the Services, or new products or services developed as a result of or based on any Feature Requests shall be the sole and exclusive property of nCino. (D) Third-party Materials. The Services may include software, content, data, or other materials, including related documentation, that are owned by persons or entities other than nCino and that are provided or made available to Subscriber on terms that are in addition to those contained in the nCino Mortgage Agreement ("Third-Party Licenses"). Subscriber is bound by and shall comply with all Third-Party Licenses. Any breach by Subscriber or any of its Authorized Users of any Third-Party License is also a breach of the nCino Mortgage Agreement. (E) Intellectual Property. Subscriber acknowledges and agrees that (i) nCino (or, if applicable, its licensors) exclusively owns all rights, title, and interest in and to the Services and Documentation, all improvements, enhancements, modifications, and derivative works thereof, and all intellectual property rights therein, (ii) its rights to access and use the Services and Documentation are limited to those specifically granted in the nCino Mortgage Agreement and no other rights are implied, and (iii) nCino reserves all rights not expressly granted in the nCino Mortgage Agreement. (F)  Ownership of Subscriber Data. As between the Parties, Subscriber owns all Subscriber Data. Subscriber shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of Subscriber Data. (G) API Access. To facilitate the Services, Subscriber will create and make available to nCino, at no charge, API account credentials necessary to access and work within the Subscriber’s loan origination system. Subscriber will provide API access to allow the tracking of closed and funded loan as of the end each calendar month for billing purposes. (H) Specific Compliance Requirements. Subscriber is responsible for using the Spanish inquiry feature in compliance with Applicable Laws. As applicable, Subscriber acknowledges it is responsible for any MERS fees associated with each transaction. Authorized Users utilizing the RON Capability are responsible for the security and integrity of the applicable URLs and will ensure customers are instructed to keep the URLs confidential, (e.g., to not forward or share such URLs). **3. ****Professional Support and Support Services****. ** (A) Professional Services. nCino may provide Subscriber professional services, including without limitation any implementation, setup costs, and integrations, in accordance with an SOW or subject to a separate Professional Services Agreement (“PSA”) executed by the parties, as applicable (the “Professional Services”). (B) Support Services. nCino will provide Subscriber support services as set forth on in the Support Terms Attachment (the “Support Services”). **4. ****Invoicing, Term, & Termination****. ** (A) Fees. Subscriber acknowledges that (i) the Services purchased cannot be decreased during the then current Term, (ii) Fees paid for the Services are paid for access to the Services and not actual use, and (iii) payment obligations are non-cancellable, and Fees paid are non-refundable, except as expressly provided in the nCino Mortgage Agreement. (B) Invoices. During the Term, Subscriber will be invoiced as set forth on the applicable Order Form, with the initial invoice being as of the Initial Activate Date / Billing Start Date set forth in the initial Order Form. All undisputed payments are due thirty (30) days from the invoice date. nCino is not obligated to perform any Professional Services until Subscriber pays in full the initial invoice under the applicable SOW. (C) Delinquency.** **If any amounts invoiced are thirty (30) days or more overdue, nCino may, without limiting its other rights and remedies, suspend Subscriber’s access to the Services until such amounts are paid in full. (D) Taxes. Unless otherwise stated in writing, the Fees do not include any taxes, levies, duties or other similar government assessments of any nature, including but not limited to value added, sales and use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively “Taxes”). Subscriber is responsible for paying all Taxes associated with the nCino Mortgage Agreement except for Taxes assessable against nCino based on its income, property and employees. nCino will calculate Taxes based on the address set forth in the signature block to the Order Form. Subscriber will be responsible for self-assessing and paying any additional Taxes arising from Subscriber’s use of Services at a different address. If nCino has the legal obligation to pay or collect Taxes for which Subscriber is responsible pursuant to the nCino Mortgage Agreement, the appropriate amount shall be invoiced to and paid by Subscriber, unless Subscriber provides nCino with a valid tax exemption certificate recognized by the appropriate taxing authority. (E) Billing Dispute. In the event Subscriber disputes in good faith any portion of a nCino invoice, Subscriber shall pay the undisputed portion of the invoice and submit a written claim for the disputed amount, documenting the basis of its claim. All claims must be submitted to nCino in writing within thirty (30) days after issuance of the invoice. nCino will determine the validity of the claim in its sole discretion. (F) Renewal. Upon expiration of the Initial Term, the Order Form and the nCino Mortgage Agreement shall automatically renew in full for additional one (1) year terms unless either party provides the other party with written notice of termination at least thirty (30) days prior to the end of the then-current term (each, an “Automatic Renewal Term,” and together with the Initial Term, the “Term”). The Fees during any Automatic Renewal Term will increase by up to five percent (5%) above the applicable pricing in the prior Term, unless nCino provides Subscriber notice of different pricing at least sixty (60) days prior to the applicable Automatic Renewal Term. Notwithstanding the foregoing, any Automatic Renewal Term for which the Services will decrease from those in the prior Term will result in re-pricing for such Automatic Renewal Term without regard to the prior Term's fees. (G) Termination. Either party may terminate this nCino Mortgage Agreement for cause (i) upon thirty (30) days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or assignment for the benefit of creditors. (H) Effect of Termination. Upon termination of the nCino Mortgage Agreement, nCino shall discontinue providing the Services to Subscriber and Subscriber shall cease using the Services. Each party shall promptly return or destroy all Confidential Information of the other party as set forth below. For thirty (30) days of the date of termination, Subscriber shall have reasonable access to retrieve and secure its data contained in the Services. **5.** **Data and Information Security****. ** (A) Data Processing. nCino and its Approved Subcontractors may process Subscriber Data, Non-PII Subscriber Data, Usage Data, and Analytics Data in connection with the Services. Additionally, nCino and its affiliates may process Non-PII Subscriber Data and Usage Data to (i) improve and enhance nCino's products and services, and (ii) develop additional products and services. nCino exclusively owns Analytics Data and may process it for its business purposes. (B) Feedback. Subscriber grants nCino a worldwide, royalty-free, transferable, sublicensable, irrevocable, perpetual license to use and incorporate into the Services any recommendations, enhancement requests, corrections, suggestions, or other feedback provided by Subscriber, Authorized Users, or other end users relating to the Services, including its functionality and/or operation (“Feedback”). Subscriber agrees nCino may contact Subscriber, Authorized Users, or other end users to solicit Feedback. (C) Information Security. nCino shall use commercially reasonable technology, practices, and efforts to maintain the integrity and security of all Subscriber Data with respect to theft, piracy, unauthorized access, copying, duplication, and distribution. **6. ****Representations and Warranties****.** nCino represents and warrants that it will provide the Services, Professional Services, and Support Services in a professional manner consistent with general industry standards and that the Services will perform in accordance with the Documentation in all material respects. Subscriber’s exclusive remedy for breach of the foregoing warranty shall be termination of the applicable SOW or Order Form. **7. ** **Disclaimer of Warranties****.** EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES, THE PROFESSIONAL SERVICES, THE SUPPORT SERVICES, AND THE DOCUMENTATION ARE PROVIDED “AS IS” AND AS AVAILABLE, AND NCINO MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. NCINO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE SERVICE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. NO INFORMATION OR ADVICE OBTAINED BY SUBSCRIBER FROM NCINO OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SECTION, AND NO WARRANTIES ARE MADE WITH RESPECT TO ANY TRIAL SERVICES OR FREE PLANS. **8. ****Confidential Information****.** (A) Each party will potentially share with the other certain confidential and proprietary information. Each party, as the recipient of such confidential and proprietary information (“Recipient”), agrees to protect and maintain such information of the disclosing party (“Discloser”) as set forth below. (B) Definition. “Confidential Information” means information relating to Discloser’s business including, without limitation, product designs, product plans, proprietary software and technology, services, financial information, marketing plans, business opportunities, pricing information, discounts, inventions and know-how to the extent disclosed to Recipient hereunder. Subscriber Confidential Information shall also include any and all Subscriber Data, but does not include any Analytics Data, Usage Data, or Feedback. (C) Disclosure of Confidential Information. Recipient shall: (i) hold the Confidential Information in strict confidence and take reasonable precautions to protect the Confidential Information (including, without limitation, all precautions Recipient employs with respect to its own confidential information), (ii) not divulge any Confidential Information to any third party (other than to employees or contractors of Recipient as set forth below), (iii) not copy, decompile or reverse-engineer any Confidential Information, or remove any proprietary markings from any Confidential Information, and (iv) only use the Confidential Information in connection with the performance of the nCino Mortgage Agreement and for no other purpose. Any employee, agent or contractor of Recipient given access to any Confidential Information must have a legitimate “need to know” such information and Recipient shall remain responsible for each such person’s compliance with the nCino Mortgage Agreement. (D) Confidentiality Period. Recipient’s obligations with respect to Confidential Information under the nCino Mortgage Agreement expire five (5) years from the termination or expiration of the nCino Mortgage Agreement (except that with respect to any trade secrets, the obligations shall be perpetual). (E) Exclusions. This Agreement imposes no obligations with respect to information which (i) was in Recipient’s possession before receipt from Discloser, (ii) is or becomes a matter of public knowledge through no fault of Recipient, (iii) was rightfully disclosed to Recipient by a third party without restriction on disclosure, or (iv) is developed by Recipient without use of the Confidential Information and such independent development can be shown by documentary evidence. Recipient may make disclosures to the extent required by Applicable Laws or legal or governmental authority provided that Recipient provides Discloser prompt notice of any such requirement (to the extent permissible under Applicable Laws) and reasonably cooperates with Discloser in any effort of Discloser to seek a protective order, injunction or to otherwise contest such disclosure, at Discloser’s expense. (F) Return/Destruction. Upon termination of the nCino Mortgage Agreement, Recipient shall (i) promptly cease using the Confidential Information, (ii) destroy or return the Confidential Information and all copies, notes or extracts thereof to Discloser within ten (10) days of receipt of Discloser’s request, and (iii) confirm in writing that it has complied with these obligations. **9. ****LIMITATION OF LIABILITY****.** (A) IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS OR LOST REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. (B) EXCEPT WITH RESPECT TO SUBSCRIBER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER HEREUNDER IN THE THREE (3) MONTHS PRECEDING THE CLAIM. THE LIABILITIES LIMITED BY THIS SECTION APPLY REGARDLESS OF THE (I) NATURE OF THE ACTION OR CLAIM, (II) FORM OF THE ACTION OR CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND (III) EVEN IF A PARTY’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. (C) THE LIMITATION OF LIABILITY SET FORTH IN SECTION 9(B) DOES NOT APPLY TO A CLAIM BY A (I) PARTY BASED ON GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR (II) THIRD PARTY INVOLVING AN INTELLECTUAL PROPERTY RIGHT UNDER THE INDEMNIFICATION OBLIGATIONS OF SECTION 10. ADDITIONALLY, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NOTHING IN THIS AGREEMENT WAIVES OR LIMITS ANY CLAIM BY NCINO FOR ANY VIOLATION OR MISAPPROPRIATION OF NCINO’S INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES. IF APPLICABLE LAWS LIMIT THE APPLICATION OF THE PROVISIONS OF THIS SECTION, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE. **10. ****Indemnification****. ** (A) By nCino. **_ _**nCino will defend Subscriber against any claim, demand, suit or proceeding made or brought against Subscriber by a third party alleging that the use of the Services in accordance with the nCino Mortgage Agreement infringes or misappropriates such third party’s intellectual property rights except to the extent that such infringement arose because of a requirement or request by Subscriber, and will indemnify and hold Subscriber harmless from any damages, attorney fees and costs finally awarded against Subscriber as a result of, or for amounts paid by Subscriber under a court-approved settlement of, such claim, provided Subscriber (i) promptly gives nCino written notice of the claim, (ii) gives nCino sole control of the defense and settlement of such claim (except that nCino may not settle such claim unless it unconditionally releases Subscriber of all liability), and (iii) gives nCino all reasonable assistance (at nCino’s expense). As a complete remedy for infringement or misappropriation, nCino shall have the option, at its sole expense to (i) modify the Services so that it no longer infringes or misappropriates; or (ii) obtain a license for Subscriber’s continued use of the Services in accordance with the nCino Mortgage Agreement. If neither of the foregoing remedies are commercially feasible, nCino may terminate the license for the Services and refund Subscriber all prepaid, unused, charges for the remainder of the Term after the effective date of termination. (B) By Subscriber. Subscriber shall defend nCino against any claim, demand, suit or proceeding made or brought against nCino by a third party alleging that Subscriber Data, or Subscriber’s use of the Services in violation of the nCino Mortgage Agreement, infringes or misappropriates such third party’s intellectual property rights or violates Applicable Law, and will indemnify and hold nCino harmless from any damages, attorney fees and costs finally awarded against nCino as a result of, or for any amounts paid by nCino under a court-approved settlement of, such claim, provided nCino (i) promptly gives Subscriber written notice of such claim, (ii) gives Subscriber sole control of the defense and settlement of such claim (except that Subscriber may not settle such claim unless it unconditionally releases nCino of all liability), and (iii) gives Subscriber all reasonable assistance (at Subscriber’s expense). nCino shall have the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. **11. ****Force Majeure****.** Neither party shall be liable to the other party for any delay or failure in the performance of the nCino Mortgage Agreement if caused by an act of God, act of war, civil insurrection, riot, physical (but not electronic) sabotage, embargo, fire, explosion, flood, drought, severe weather, natural disaster, power failure, epidemics, public health emergencies, or other similar event beyond a party’s reasonable control (each, a “Force Majeure Event”). In the event of a Force Majeure Event, the time for the affected party’s performance shall be deferred for a period of time equal to the time lost by reason of such event, provided that the delayed party shall notify the other party of such event and shall cooperate with the other party in minimizing any adverse impact of such event. Notwithstanding the foregoing, in all cases the party not performing its obligations under the nCino Mortgage Agreement as a result of a Force Majeure Event shall use commercially reasonable efforts to resume full compliance with the nCino Mortgage Agreement as soon as is reasonably practicable. **12. ****General****.** (A) Choice of Law and Jurisdiction. The Agreement will be governed by the laws of the U.S. and the State of Delaware, without reference to rules governing choice laws. If any dispute arises concerning the nCino Mortgage Agreement, the venue shall be laid exclusively in New Castle County, Delaware, and Delaware state and federal courts shall have exclusive jurisdiction over any dispute concerning the nCino Mortgage Agreement and the parties hereby consent to the personal jurisdiction of such courts. In the event of any such dispute, the prevailing party shall be entitled to recover from the non-prevailing party all attorney fees and costs incurred by the prevailing party in connection with such dispute, regardless of whether such dispute results in the filing of a lawsuit. (B) Severability. If any provisions of the nCino Mortgage Agreement are held invalid, illegal, or unenforceable, such provisions shall be modified, if possible, to the minimum extent necessary to make them valid and enforceable, or if they cannot be so modified, then they shall be severed, and the remaining provisions shall not in any way be affected or impaired. (C) Waiver. Neither party’s failure to enforce any provision of the nCino Mortgage Agreement will constitute a waiver of a right to subsequently enforce such provision. No modification, extension, or waiver of the nCino Mortgage Agreement shall be valid unless made in writing and signed by an authorized representative of the party to be charged. No written waiver shall constitute, or be construed as, a waiver of any other obligation or condition of the nCino Mortgage Agreement. (D) Assignment. Neither party may assign the nCino Mortgage Agreement, by operation of law or otherwise, without the prior written consent of the other party, except that either party may assign the nCino Mortgage Agreement to an affiliate or successor to all or substantially all of its business or assets (whether through merger, stock sale, asset sale or other transaction) upon notice to the other party. Subject to the foregoing, the nCino Mortgage Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns. (E) Notices. Except as otherwise specified in the nCino Mortgage Agreement, all legal notices between the parties shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the third business day after mailing by certified mail, return receipt requested, or (iii) the first business day after sending by overnight delivery service. The mailing address for each party shall be as set forth in the signature block of the Order Form (or to such other address as a party may furnish to the other in writing). Notices to nCino shall be addressed to the attention of nCino’s Chief Executive Officer and Chief Legal Counsel. Email notice or click-through acknowledgement is sufficient for changes to the TOS. (F) No Agency. This Agreement shall not be construed to create an agency, franchise, representative, joint venture, employment relationship, or partnership between the parties. The parties are and remain independent contractors. Neither party has the authority to bind the other or to incur any liability or otherwise act on behalf of the other. (G) Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all written or oral prior agreements or understandings with respect thereto. This Agreement may not be amended except by a writing signed by authorized representatives of both parties, except that nCino may amend the TOS upon email notification to the Subscriber or by click-through acknowledgment. (H) Cooperation. nCino’s nonperformance of its obligations under the nCino Mortgage Agreement shall be excused if and to the extent (i) such nCino nonperformance results from Subscriber’s failure to perform its responsibilities, and (ii) nCino provides Subscriber with reasonable written notice of such nonperformance, and if requested by Subscriber, nCino uses commercially reasonable efforts to perform notwithstanding Subscriber’s failure to perform (with Subscriber being responsible to reimburse nCino for its reasonable out-of-pocket expenses for such efforts). (I) Survival. Any provisions in the nCino Mortgage Agreement relating to fees, liability limitation, indemnification, intellectual property rights, confidentiality, and choice of law, and any other provision of the nCino Mortgage Agreement that must survive to fulfill its essential purpose, shall survive any termination or expiration of the nCino Mortgage Agreement. (J) Export Regulation. The Services and Documentation may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. The Subscriber shall not, directly or indirectly, export, re-export, or release the Services or Documentation to, or make the Services or Documentation accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. The Subscriber shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or Documentation available outside the US. (K) Press Release/Interview/Reference. Within six (6) months of the execution of the nCino Mortgage Agreement (or such other time period as may be agreed to by the Parties), nCino shall be permitted to issue a press release announcing the relationship between Subscriber and nCino. Subscriber will have the right to review and approve the release prior to distribution. Subscriber also agrees to let nCino list it, and utilize its logo(s), in order to identify Subscriber as a customer on the nCino website and other nCino sales and promotional materials. Any such use of Subscriber’s logos will be subject to any applicable trademark usage guidelines of Subscriber as provided to nCino. Subscriber agrees to participate in a case study, participate in a video testimonial (if requested by nCino), and serve as a reference on behalf of nCino from time to time. (L) Updates to TOS; Order of Precedence. nCino shall have the right to update the TOS from time to time as determined necessary by nCino. In the event the terms of any document conflict, the following order or precedence shall apply: (i) the TOS; (ii) the Order Form, (iii) any applicable SOW, and (iv) any other annex or attachment. **nCino Mortgage Support Terms** **nCino Mortgage Support Services** (A) nCino Mortgage service level objectives measured monthly and excluding scheduled maintenance, are as follows (all times reflect Mountain Time): **Period** **Timeframe** **Uptime % Goal** Peak Every day (7 a.m. to 8 p.m.) 99.5% Non-Peak Nights Every day (8 p.m. to 7a.m.) 99.0% These percentages indicate uptime objectives. For example, nCino Mortgage aims to be down less than 0.5% of the time during the 7 a.m. to 8 p.m. time periods. **(B) Maintenance Periods: **As a cloud-based technology platform, nCino Mortgage regularly releases system patches and security upgrades. Scheduled maintenance will occur during Non-Peak hours. nCino Mortgage will alert Subscribers of any necessary maintenance occurring during Peak hours or having a high impact on service availability two weeks in advance at a minimum. **(C) Scheduled maintenance is not considered in the calculation of uptime.** **(D) Hours of Operation: **Business hours are defined as 7:00 am – 6:00 pm Mountain Time, Monday through Friday. Support is closed for the following company holidays: New Year’s Day* MLK President’s Day Memorial Day Juneteenth Independence Day* Labor Day Thanksgiving Friday after Thanksgiving Christmas Eve* Christmas Day* *If the holiday falls on a Saturday it is observed on the Friday preceding. If the holiday falls on a Sunday it is observed on the following Monday. **(E) Email support: **Premium Support Users may have their administrators, borrowers, users, and any other party associated with the account, email support nCino Mortgage 24 hours a day 7 days a week to support@simplenexus.com. Response times for email support will be 4 hours or less during business hours. For Standard Support clients, those who have not enrolled in Premium Support, nCino Mortgage will only provide support service to the Subscriber’s account administrator. **(F) Phone support: **Premium Support Users may have their administrators, borrowers, users, and any other party associated with the account, contact support (for technical support including operations, security failures, incident reporting, system issues, concerns, or complaints) at any time during business hours at 1.855.684.2777. For Standard Support clients, those who have not enrolled in Premium Support, nCino Mortgage will only provide support service to the Subscriber’s account administrator. Outside of business hours, emergency support calls may be directed to the Subscriber’s dedicated Customer Success Manager rep via their cell phone number. **(G) Support Responsibility:** (i) nCino Mortgage and Subscriber will handle the following jointly: - Subscriber will provide support for minor support questions involving user classification and setup for software administrators, loan officers, operations and production staff, management, real estate agent and settlement partners, and borrowers. Issues may include updating user photos, entering contact information, adding and removing users, and basic training on the technology. - nCino Mortgage will serve as an escalation point for minor support issues when the Subscriber’s support is unable to assist. (ii) nCino Mortgage will provide support for the following: - Troubleshooting data or functional problems that result from how the system is being used. - Assisting local network technicians in evaluating connectivity and performance. - Help with issues involving integrations. - Reporting of a system issue (bugs or system not available). --- [View sitemap](https://www.ncino.com/api/markdown/sitemap)