Title 20240523 CARTO Basemap Terms and Conditions.pdf ✅

CARTO Basemap Terms and Conditions v. 20240523 Page 2 of 7 ii. the following agreements (all found at http://carto.com/legal), where applicable : a. If Customer’s Order Form or grant includes a subscription to the CARTO Platform hosted in the cloud and/or to the CARTO Platform hosted on-premises, the CARTO Platform Terms & Conditions;; 2. if Customer’s Order Form includes a managed solution, a mutually-agreed-upon Managed Solution Addendum and our Managed Solution Terms; 3. if Customer’s Order Form includes professional services and/or training, CARTO’s Professional Services Addendum; 4. if Customer’s Order Form includes location data services, a subscription to the CARTO Platform hosted in the cloud and/or a subscription to the CARTO Platform hosted on-premises, the Location Data Services Addendum; and 5. any other agreements, exhibits, appendices, addenda or other terms incorporated by reference anywhere in the Agreement. b. If there is any conflict between the terms of these Basemap Terms and an Order Form or grant, one of the agreements listed above, or any other incorporated terms, the documents will control in the following order (from most to least controlling): the Order Form or grant, as applicable; the CARTO Platform Terms and Conditions; the other relevant agreements listed above; and the other incorporated terms. 3. License. a. Basemap Services are offered on a tiered basis, each offering varying features, capabilities, and/or amounts of usage. b. In consideration of the payment of all fees set forth on its Order Form (“Fees”)—or in consideration of Customer’s submission of a grant application, and CARTO’s written approval of the same, in the case of Grant Basemap Services—and complete compliance with these Basemap Terms, CARTO hereby grants Customer a non-exclusive, revocable, worldwide, non- transferable, non-sublicensable right and license to use the Basemap Services. 4. Charges and Payment. a. Obligation to Pay. If not using the Grant Basemap Services, Customer shall pay CARTO all Fees.. b. Bank Fees. CARTO is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by CARTO. Currency exchange settlements will be based on agreements between Customer and the provider of Customer’s credit card. c. Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on CARTO's property, employees or income. d. Invoices. Unless otherwise described on the Order Form, CARTO will invoice Customer in advance, and Customer agrees that payment is due net thirty (30) days from the invoice date. Customer shall make all payments in the manner specified on its Order Form or in such other manner as CARTO may specify in writing from time to time. e. Refunds. All charges made pursuant to the Agreement are non-refundable unless explicitly stated otherwise herein or otherwise provided by applicable law. f. No Setoff. Customer shall pay all amounts due under this Agreement without setoff, deduction, recoupment or withholding of any kind for amounts owed or payable by CARTO whether under this Agreement, applicable law or otherwise and whether relating to CARTO's breach, bankruptcy or otherwise. g. Suspension for Failure to Pay. If Customer fails to make any payment when due then, in addition to all other remedies that may be available, if such failure continues for thirty (30) days following written notice thereof, CARTO may suspend provision of the Basemap Services until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to Customer or any other Person by reason of such suspension. h. Renewal. The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either Party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant subscription term. The per-unit pricing during any renewal term will increase by up to 4% above the applicable

CARTO Basemap Terms and Conditions v. 20240523 Page 4 of 7 v. creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; vi. providing a non-valid, fictitious, or forged HTTP Referer, or using a non-valid, fictitious, or forged user-agent of an application; vii. exporting, re-exporting, or permitting downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions; viii. interfering with or attempting to gain unauthorized access to other accounts or any other computer network; ix. storing or transmitting viruses, trojan horses, or any other malicious code or program; or x. engaging in any other activity deemed by CARTO to be in conflict with the spirit or intent of these Basemap Terms. 10. Compliance with Laws & Privacy. a. Customer agrees that Customer is solely responsible, with respect to Customer Content and Customer’s use of the Basemap Services, for complying with all applicable laws, policies and regulations, (including, where applicable, the GDPR), including any notice and consent requirements. This paragraph is applicable, without limitation, to (i.) the collection and processing by Customer of any personal data, as such term is defined in the GDPR (ii.) Customer’s use of the Basemap Services to send marketing and other electronic communications to individuals, and (iii.) Customer’s use of cookies and similar technologies in any software, data product, or other type of product or service created using the Basemap Services . In addition, Customer agrees to comply with CARTO’s Privacy Policy, a copy of which can be found at https://carto.com/privacy. 11. Changes to the Basemap Services. a. CARTO may change the features and functions of the Basemap Services over time, at its sole discretion. 12. Limitations and Restrictions. a. The Basemap Services are subject to usage limits. Customer may use up to one million (1,000,000) tile requests each calendar month, unless otherwise specified on an Order Form. Use beyond this limit requires explicit prior consent from CARTO and will incur charges. Customer may write to CARTO at [email protected] to augment its tile request limits. 13. OpenStreetMap. a. The Basemap Services are derived from OpenStreetMap data. OpenStreetMap is distributed via an ODbL license, which Customer must respect (http://www.openstreetmap.org/copyright). When using the Basemap Services, Customer must provide attribution to both OpenStreetMap and CARTO, as described at https://carto.com/attributions. When Customer uses the Grant Basemap Services, Customer must use the following attribution for the use of map tilers: © CARTO © MAPTILER © OPENSTREETMAP. b. Attributions must be prominent and conspicuous to Persons viewing each CARTO basemap. Without limiting CARTO’s other rights and remedies hereunder, if CARTO reasonably determines that Customer is obscuring the required attribution or otherwise not complying with the foregoing attribution requirements, Customer will work with CARTO in good faith to promptly remedy the non-compliant attribution. 14. Use of the Services for Real-Time Navigation. a. CARTO and Customer acknowledge that the Basemap Services allow for the visualization and analysis of location data to produce dynamic maps and other visualizations that can be used to provide directions and similar results for a variety of commercial and consumer applications. Notwithstanding the previous sentence, the Basemap Services should not be used, on their own or integrated with (or otherwise made a part of) any other software, sensors (or other hardware) or data to: i. provide real-time, turn-by-turn navigation for a vehicle of any type, whether automatically or autonomously (such as in an autonomous or semi-autonomous vehicle) or through voice-activated or other prompts, (such as those provided in connection with satellite navigation devices) ii. display a dynamic or static map or visualization on a moving vehicle of any type, or iii. operate, fly or otherwise a control manned or unmanned aircraft (collectively “Real Time Navigation”) iv. Customer hereby agrees to indemnify CARTO for any claims that arise from the use of the Basemap Services in Real-Time Navigation. 15. Intellectual Property Rights.