CARTO Basemaps Terms and Conditions
Last updated 26 August 2026.
Contents
- Definitions
- Incorporated Documents; Conflicts
- License
- Charges and Payment
- Customer Content
- Publicity
- Our Content and Third-Party Content
- API Keys
- Acceptable Use
- Data Protection and Privacy
- Changes to the Basemap Services
- Fair Use Limits
- OpenStreetMap
- Use of the Basemap Services for Real-Time Navigation
- Intellectual Property Rights
- Termination
- Indemnification
- Government Users
- Disclaimers
- Limitation of Liability and Damages
- Digital Millennium Copyright Act Compliance
- Additional Terms
These CARTO Basemaps Terms of Service and any future modifications thereof (collectively, the "Basemap Terms"), Customer's Order Form and any other terms or documents incorporated by reference herein, constitute a single, binding agreement (this "Agreement") between you ("Customer") and CartoDB Inc., doing business as CARTO, with a place of business at 307 Fifth Avenue, Floor 9, New York, NY 10016 ("CARTO"). If Customer does not agree with any of the terms in this Agreement, Customer must not use the Services.
If Customer is using the Basemap Services on behalf of an organization (a company, governmental agency, non-governmental organization), Customer agrees to be bound by the Basemap Terms on behalf of itself and such organization, and represents it has the authority to agree to these Basemap Terms on behalf of such organization. If Customer does not have such authority, Customer may not use the Basemap Services on behalf of such organization.
If Customer is a United States government user or otherwise using the Services in a United States government capacity, these Basemap Terms are amended as described in our U.S. Government Terms Amendment.
1. Definitions
- "API" means an application program interface usable with an API key provided by CARTO to Customer.
- "Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Basemap Services under the rights granted to Customer pursuant to this Agreement.
- "Basemap Services" means the services operated by CARTO that make CARTO basemap tiles and related styles available for integration into Customer's websites, applications and other products, as described in the Documentation.
- "CARTO IP" means the Basemap Services, related documentation, and any and all intellectual property provided to Customer by CARTO in connection with the Basemap Services. For the avoidance of doubt, CARTO IP includes aggregated and anonymised statistics derived from CARTO's monitoring of Customer's access to or use of the Basemap Services.
- "Cause" means a breach of any representation, condition or covenant of this Agreement by either Party.
- "Content" means all content of any type, including without limitation, data, text, graphics, maps, logos, images, illustrations, software or source code, audio and video, and animations.
- "Customer Content" means Content owned or licensed by Customer or Customer's Authorized Users, that is stored or processed using the Basemap Services, including any personal data forming part of such Content.
- "Data Protection Laws" means all laws and regulations applicable to the Processing of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "GDPR"), the UK General Data Protection Regulation and the Data Protection Act 2018, and any applicable privacy laws of the United States and its States.
- "Documentation" means the technical documentation for the Basemap Services published by CARTO at docs.carto.com, as updated by CARTO from time to time.
- "Fees" has the meaning set forth in Section 3. a., below.
- "Order Form" means the document specifying the Basemap Services purchased by Customer from CARTO, the pricing associated with such Services, and other information related to such purchase.
- "Party" means each of Customer and CARTO, and, together, the "Parties."
- "Person" means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity.
- "Request Data" means the technical data that CARTO receives or generates in relation to each request made to the Basemap Services, including the IP address from which the request originates, the HTTP referer, the user-agent, the API key used, timestamps and request volumes.
- "Service Term" means the period for which Customer has acquired the license and right to use the Services, as specified in the applicable Order Form or, in the case of the Free Basemap Services, the period during which Customer holds a valid CARTO-issued API key.
- "Services" means the specific products and services included in the Order Form and, where no Order Form applies, the Free Basemap Services. References in these Basemap Terms to the "Services" include the Basemap Services in all cases.
2. Incorporated Documents; Conflicts
- These Basemap Terms incorporate the following documents by reference:
- Customer's Order Form; and
- the CARTO Personal Data Processing Agreement, published at https://carto.com/legal/pdpa, which applies to all use of the Basemap Services and does not require separate signature or execution; and
- the following agreements (all found at http://carto.com/legal), where applicable:
- If Customer's Order Form 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;
- if Customer's Order Form includes a managed solution, a mutually-agreed-upon Managed Solution Addendum and our Managed Solution Terms;
- if Customer's Order Form includes professional services and/or training, CARTO's Professional Services Addendum;
- 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
- any other agreements, exhibits, appendices, addenda or other terms incorporated by reference anywhere in the Agreement.
- If there is any conflict between the terms of these Basemap Terms and an Order Form, 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; the CARTO Platform Terms and Conditions; the other relevant agreements listed above; and the other incorporated terms.
3. License
- In consideration of the payment of all fees set forth on its Order Form ("Fees") 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.
- Free Basemap Services. In addition to the Basemap Services described in Section 3.a, CARTO makes the Basemap Services available at no charge to any Customer who requests and uses a CARTO-issued API key (the "Free Basemap Services"), subject to these Basemap Terms and to the fair use limit in Section 12.c. An Order Form is not required to use the Free Basemap Services. Customer's right to use the Free Basemap Services is conditioned on Customer's acceptance of these Basemap Terms at the time its API key is issued and on Customer's continued compliance with the attribution requirements in Section 13 and with Section 9.
- The Free Basemap Services are provided on a revocable basis. Notwithstanding any other provision of this Agreement, CARTO may suspend, rate-limit, or terminate Customer's access to the Free Basemap Services, or to any API key, at any time, in its sole discretion and for any or no reason, without prior notice and without liability to Customer or to any third party.
- Identification of unauthenticated requests. CARTO may apply a visible watermark or other identifying mark to basemap tiles served in response to requests that do not include a valid CARTO-issued API key. Customer shall not remove, obscure, alter or circumvent any such mark, nor access the Basemap Services in a manner designed to avoid its application.
4. Charges and Payment
- Obligation to Pay. If not using the Free Basemap Services, Customer shall pay CARTO all Fees.
- 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.
- 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.
- 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.
- Refunds. All charges made pursuant to the Agreement are non-refundable unless explicitly stated otherwise herein or otherwise provided by applicable law.
- 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.
- 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.
- 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 pricing in the prior term, unless CARTO provides Customer notice of different pricing at least sixty (60) days prior to the applicable renewal term. Except as expressly provided in the applicable Order Form, renewal of promotional or one-time priced subscriptions will be at CARTO's applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume for any Basemap Services has decreased from the prior term will result in repricing at renewal without regard to the prior term's per-unit pricing.
5. Customer Content
- Customer retains all right, title, and interest in Customer Content.
6. Publicity
- CARTO is proud that Customer is a part of the CARTO community! Customer hereby grants CARTO a worldwide, non-exclusive, royalty-free, non-transferable license, for no longer than the Service Term, to reproduce and publicly display Customer's trademarks, service marks, and logos for the purpose of identifying Customer as a user of the Basemap Services in order to promote the Basemap Services. This Section 6.a does not apply to Customer's use of the Free Basemap Services.
- Customer may not remove or obscure any logo from the maps it makes using the Basemap Services.
7. Our Content and Third-Party Content
- Other than Customer Content, all content displayed on or accessible through the Basemap Services, including data, text, graphics, maps, logos, images, illustrations, software or source code, audio and video, and animations, are the property of CARTO and/or third parties, and are protected by United States and international copyright laws. Customer may be held liable for any unauthorized copying or disclosing of this content. Customer agrees that CARTO's licensors shall be third-party beneficiaries to these Basemap Terms and that these entities may directly enforce, and may rely upon, any provision of the Basemap Terms that confers a benefit on them, or grants rights in favor of them.
8. API Keys
Customer must always use the Basemap Services with Customer's own unique API keys.
- Monitoring Use of Customer's API keys. Customer is responsible for all use of its API keys and the Basemap Services. Customer must monitor the usage and set appropriate limits and restrictions to protect its API keys.
- Blocking and Revocation. CARTO may, at its sole discretion, block a particular API key if Customer notifies CARTO of a potential misuse of such key. CARTO may also block, rate-limit, suspend or revoke any API key at its sole discretion and without prior notice, including where CARTO detects misuse or abuse of the key, use in breach of these Basemap Terms, or where the account associated with the key is no longer active.
- Misuse of API Keys by Customer. Customer's use of an API key other than its own is not permitted.
9. Acceptable Use
- Customer is solely responsible for any and all acts and omissions that occur while using the Basemap Services. Customer may not use the Basemap Services for any unlawful purpose. Customer's use of the Basemap Services must comply with all local rules regarding online conduct and acceptable content.
- Customer may not use the Basemap Services in any manner that could damage or overburden the Basemap Services, or interfere with any Person's use of the Basemap Services.
- Customer agrees to not engage in the following unacceptable uses of the Basemap Services:
- reselling, sublicensing or redistributing the map tiles or other map content as tiles or data, offering the Basemap Services to third parties as a substitute for their own access (for example as a proxy or tile-serving service), or downloading or extracting map content in bulk. For the avoidance of doubt, displaying CARTO basemaps to the users of Customer's own websites, applications and products, where those users' requests are served directly by the Basemap Services, is a permitted use and is not a prohibited redistribution;
- caching map content on an end user's device or in an end user's browser for longer than thirty (30) days, or retaining any cached map content after Customer ceases to use the Basemap Services;
- proxying or caching the content on the server side;
- disseminating or transmitting material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- disseminating, storing, or transmitting files, graphics, software, or other material that actually or potentially infringes on the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
- providing a non-valid, fictitious, or forged HTTP Referer, or using a non-valid, fictitious, or forged user-agent of an application;
- 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;
- interfering with or attempting to gain unauthorized access to other accounts or any other computer network;
- storing or transmitting viruses, trojan horses, or any other malicious code or program; or
- engaging in any other activity deemed by CARTO to be in conflict with the spirit or intent of these Basemap Terms.
- Notwithstanding Section 9.c, Customer may use screenshots or other static images of CARTO basemaps for illustrative, editorial or documentary purposes, provided that the attribution required by Section 13 is legible in the image.
10. Data Protection and Privacy
- 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, Data Protection Laws), 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 Notice, a copy of which can be found at https://carto.com/privacy.
- Request Data; CARTO as Processor. CARTO Processes Request Data as a Processor on behalf of Customer, for the purpose of providing, securing and operating the Basemap Services — including serving basemap tiles, maintaining the availability and integrity of that delivery, preventing and investigating abuse, fraud and unauthorised use, applying rate-limiting, and monitoring and enforcing the restrictions in Section 9 and the limits in Section 12. The Personal Data Processing Agreement governs that Processing and, as provided in Section 2, applies without separate signature or execution and notwithstanding any statement in that agreement that it supplements an Order Form or the CARTO Platform Terms & Conditions. The rights and obligations of that agreement in respect of Personal Data in Customer Content apply equally to CARTO's Processing of Request Data, which the Parties treat as Personal Data Processed by CARTO as Processor on behalf of Customer. CARTO may engage Subprocessors for that Processing as permitted by the Personal Data Processing Agreement; a current list is published at https://carto.com/legal/subp.
- Customer as controller; information duties. As between the Parties, Customer is the controller of Request Data relating to the users of its websites, applications and products, and CARTO is Customer's processor. Customer is responsible for complying with its obligations as a controller.
- Aggregated data. CARTO may create and use aggregated and de-identified information that does not identify, and cannot reasonably be used to identify, any individual — including counts of requests by API key, domain and period — for its own business purposes, including operating, securing and improving the Basemap Services. Such information is not Request Data and is not Personal Data.
- Identification and deletion. Because the IP address in Request Data is truncated on ingestion (Section 10.f), CARTO cannot, from Request Data alone, identify the individuals to whom it relates (Article 11(2) GDPR). CARTO deletes Request Data on expiry of the retention period set out in Section 10.f, and assists Customer with data-subject requests, as set out in the Personal Data Processing Agreement.
- Location and retention of Request Data. To minimise the data before it is stored, CARTO truncates the IP address in Request Data at the point of ingestion, removing the final octet of each IPv4 address and the final segments of each IPv6 address. The resulting truncated logs are retained for thirty (30) days and are stored in the United States. To the extent this involves a transfer of personal data outside the European Economic Area or the United Kingdom, that transfer is made under the Standard Contractual Clauses referenced in the Personal Data Processing Agreement and, where CARTO's receiving entity (CartoDB Inc., a Delaware corporation) is self-certified, under the EU-U.S. Data Privacy Framework.
11. Changes to the Basemap Services
- CARTO may change the features and functions of the Basemap Services over time, at its sole discretion, including by adding, modifying, deprecating or withdrawing any endpoint, style, tile format or other component of the Basemap Services. Where CARTO withdraws a component that Customer is actively using, CARTO will use reasonable efforts to provide advance notice through the Documentation or to the contact associated with Customer's API key. Nothing in this Section limits CARTO's rights under Section 3.c.
12. Fair Use Limits
- The Basemap Services are subject to usage limits.
- Purchased Basemap Services are subject to the usage limits specified in the applicable Order Form. Where no limit is specified, the fair use limit in Section 12.c applies.
- The Free Basemap Services are subject to a fair use limit of five million (5,000,000) tile requests each calendar month, aggregated across all of Customer's API keys.
- CARTO may apply automated rate-limiting, suspension or blocking in respect of usage above an applicable limit, at any time and without prior notice. A Customer requiring usage above the fair use limit may obtain it by subscribing to the CARTO Platform, under which access to the Basemap Services is included.
- Nothing in this Section limits CARTO's rights under Section 3.c, Section 9, or Section 16.
13. OpenStreetMap
- 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.
- 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. Without limiting Section 3.c, CARTO may suspend, rate-limit or revoke any API key where the attribution requirements of this Section are not met.
14. Use of the Basemap Services for Real-Time Navigation
- 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:
- 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)
- display a dynamic or static map or visualization on a moving vehicle of any type, or
- operate, fly or otherwise a control manned or unmanned aircraft (collectively "Real Time Navigation")
- 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
- These Basemap Terms do not constitute a sale of Content or of the Basemap Services or of any copy of the Content of the Basemap Services. Customer acknowledges that, as between CARTO and Customer, CARTO owns (or derives ownership title rights from third parties to) the Basemap Services, including Intellectual Property Rights contained therein. This Agreement does not convey any such rights onto Customer, and Customer may not use, access, or allow others to access or use the Basemap Services in any manner not permitted under this Agreement.
- Certain content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned or licensed by such third parties. CARTO and its suppliers have the right to enforce such rights as contractual rights pursuant to these Basemap Terms. Customer may be held liable for any unauthorized copying or disclosure of this content. Customer understands that when using the Basemap Services Customer may be exposed to user submissions and other third-party content from a variety of sources ("Non-CARTO Content"), and that Customer may be exposed to Non-CARTO Content that is inaccurate, offensive, indecent, or otherwise objectionable. CARTO does not endorse any Non-CARTO Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will CARTO be liable in any way for or in connection with the Non-CARTO Content, including, but not limited to, any inaccuracies, errors, or omissions in any Non-CARTO Content, any intellectual property infringement with regard to any Non-CARTO Content, or for any loss or damage of any kind incurred as a result of the use of any Non-CARTO Content posted, emailed, or otherwise displayed or transmitted through the Basemap Services.
- CARTO reserves all rights not expressly granted to Customer. The use of the Basemap Services may not be transferred to any Person without CARTO's prior written consent. Any authorized transferee shall agree in writing to be bound by these Basemap Terms. In no event may Customer copy, loan, rent, time-share, sublicense, assign, transfer, lease, sell or otherwise dispose of CARTO's software, data, or other content on a temporary or permanent basis except as expressly provided herein.
- Customer may not, nor permit any third party to, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code from the Basemap Services, other than those components subject to open source licenses.
- All logos and product names appearing on or in connection with the Basemap Services are proprietary to CARTO or its licensors and/or suppliers. Customer agrees to never remove any proprietary notices or product identification labels from CARTO's software, maps, and other Content, as applicable.
16. Termination
- Either Party may terminate this Agreement for Cause in the event the other Party has not cured its material breach of this Agreement within thirty (30) days of receiving written notice of such breach from the non-breaching Party.
- CARTO may terminate this Agreement immediately upon written notice to Customer if a bankruptcy or insolvency proceeding is commenced by or against Customer or if the Customer is dissolved, liquidated, or deemed insolvent.
- Customer's right to use the Basemap Services will terminate immediately on the date of termination for Cause.
- Unless terminating for Cause, termination of the Agreement by Customer will not alter Customer's obligations to pay all charges due to CARTO at the time of termination. If Customer terminates for Cause, CARTO will issue a partial refund, prorated based on the Service Term.
- Unless otherwise specified, numerical limits applied to the Services are only valid during the relevant Service Term, and do not roll over to any future Service Terms.
- Nothing in this Section limits CARTO's rights under Section 3.c in respect of the Free Basemap Services, which may be suspended, rate-limited or terminated at any time and without notice.
17. Indemnification
- Customer agrees to indemnify and hold harmless CARTO (including its subsidiaries, affiliates, officers, agents, partners, and employees) from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from Customer's use of the Basemap Services, Customer's violation of these Basemap Terms, any third-party terms or conditions described herein, or Customer's violation of any rights of another, including without limitation that Customer Content violates or infringes upon any copyright, trademark, patent or other proprietary right.
18. Government Users
- The Basemap Services are a "commercial item," as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software," as such terms are used in 48 C.F.R. 12.212, and are provided to the U.S. Government only as a commercial end item. Any technical data provided with the Basemap Services is commercial technical data as defined in 48 C.F.R. 12.211. Consistent with 48 C.F.R. 12.211 through 12.212, 48 C.F.R. 227.7202-1 through 227.7202-4, and 48 C.F.R. 252.227-7015, all U.S. Government users acquire software with only those rights set forth herein.
19. Disclaimers
- Acknowledgement. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE TERM CARTO INCLUDES CARTODB INC. AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, CORPORATE AFFILIATES, AND SUBCONTRACTORS OF CARTODB INC.
- "As Is", "As Available" and "With All Faults". EXCEPT AS OTHERWISE SET FORTH HEREIN, CUSTOMER EXPRESSLY AGREES THAT THE USE OF THE BASEMAP SERVICES IS AT CUSTOMER'S SOLE RISK. THE BASEMAP SERVICES AND THEIR SOFTWARE, DATA, MAPS AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BASEMAP SERVICES, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE", "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARTO DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM CARTO OR THROUGH THE BASEMAP SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Service Operation and Non-Company Content. CARTO DOES NOT WARRANT THAT THE BASEMAP SERVICES, INCLUDING ANY SOFTWARE, MAPS, OR CONTENT OFFERED ON OR THROUGH THE BASEMAP SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE BASEMAP SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- Accuracy. CARTO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FROM THE USE OF THE BASEMAP SERVICES OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE BASEMAP SERVICES, INCLUDING ANY MAPS RENDERED THEREBY OR GEOCODING RESULTS OBTAINED THEREFROM, IN TERMS OF CORRECTNESS, ACCURACY, PRECISION, RELIABILITY, OR OTHERWISE.
- Harm to Customer's Computer. CUSTOMER UNDERSTANDS AND AGREES THAT CUSTOMER'S USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF SOFTWARE, SERVICES, MAPS, OR CONTENT THROUGH THE BASEMAP SERVICES (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE BASEMAP SERVICES IS AT CUSTOMER'S OWN DISCRETION AND RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S PROPERTY (INCLUDING CUSTOMER'S COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
20. Limitation of Liability and Damages
- Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CARTO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM CUSTOMER'S USE OR THE INABILITY TO USE THE BASEMAP SERVICES, INCLUDING SOFTWARE, DATA, MAPS, CONTENT, USER SUBMISSIONS, OR ANY THIRD-PARTY SITES REFERRED TO ON OR BY THE BASEMAP SERVICES, EVEN IF CARTO OR A CARTO-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARTO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE BASEMAP TERMS OR THE BASEMAP SERVICES WILL NOT EXCEED THE GREATER OF (I) THE FEES PAID BY CUSTOMER TO CARTO UNDER THESE BASEMAP TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (II) ONE HUNDRED US DOLLARS (US$100). FOR THE AVOIDANCE OF DOUBT, NO FEES ARE PAID IN RESPECT OF THE FREE BASEMAP SERVICES.
21. Digital Millennium Copyright Act Compliance
- If you are a copyright owner or an agent thereof, and believe that any user submission or other CARTO content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing CARTO'S Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Basemap Services are covered by a single notification, a representative list of such works from the Basemap Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CARTO to locate the material;
- Information reasonably sufficient to permit CARTO to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The designated Copyright Agent to receive notifications of claimed infringement is: CartoDB Inc. Tel: +1.917.463.3232 Email: contact@carto.com.
22. Additional Terms
- CARTO reserves the right to modify these Basemap Terms at any time by posting the changed Basemap Terms on the carto.com website. All changes are effective immediately upon posting. Please check the Basemap Terms periodically for changes. Customer's continued use of the Basemap Services constitutes Customer's binding acceptance of the active Basemap Terms. Each version of these Basemap Terms is identified by its date. Where Customer holds a CARTO-issued API key, CARTO will notify Customer of material changes to these Basemap Terms by email to the address associated with that key.
- All product and service names mentioned herein and in the CARTO interface are trademarks of their respective owners.
- These Basemap Terms shall be governed by and construed in accordance with the laws of New York, New York, without giving effect to any principles of conflicts of law. Customer agrees that any action at law or in equity arising out of or relating to these Basemap Terms shall be filed only in local and federal courts located in New York County, New York, and Customer hereby consents and submits to the exclusive personal jurisdiction and venue of such courts for the purposes of litigating any such action.
- A provision of these Basemap Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision.
- CARTO's failure to exercise or enforce any right or provision of these Basemap Terms will not constitute a waiver of such right or provision.
- If any provision of these Basemap Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Basemap Terms and shall not affect the validity and enforceability of any remaining provisions.
- Each party's failure in its obligation of performance hereunder shall be excused or delayed to the extent that such failure is caused by events beyond such party's reasonable control (an event of force majeure). Such events include, without limitation, casualties, natural disasters, terrorism, cyberattacks, Acts of God, civil disturbance, labor disputes, strikes, riots, but expressly exclude market conditions and obligations to pay money. A party claiming the occurrence of such an event shall promptly notify the other party thereof.
- No joint venture, partnership, employment, or agency relationship exists between Customer and CARTO as a result of these Basemap Terms or use of the Basemap Services.
- Customer further acknowledges no confidential, fiduciary, contractually implied, or other relationship is created between Customer and CARTO other than pursuant to these Basemap Terms.
- CARTO may assign these Basemap Terms, in whole or in part, at any time without notice to Customer. Customer may not assign these Basemap Terms, or assign, transfer, or sublicense its rights hereunder.
