CARTO AI Terms and Conditions

These Artificial Intelligence Terms and Conditions (“AI Terms”) together with the CARTO Platform Terms and Conditions (“Agreement”) and the applicable Order Form between CartoDB Inc. (“CARTO”) and the customer, identified on the applicable Order Form (“Customer”), constitute the terms that govern the contractual relationship between the Customer and CARTO. Any undefined terms shall have the same definition as in the Agreement.

1. Acknowledgment and Acceptance. Customer may activate “CARTO IA Agent” at any time. CARTO AI Agent means the AI Model functionality available in the CARTO Platform. By enabling the 'CARTO AI Agent' feature in their CARTO Platform account, the Customer, through its Authorized Users, agrees to and accepts these AI Terms.

2. Machine learning technology. To provide the CARTO AI Agent feature and services, CARTO uses third party technology from OpenAI, in particular the OpenAI Assistant AP. For more information please refer to https://platform.openai.com/docs/assistants/overview.

3. Use of Customer Content.

   1. Intellectual Property Rights. Customer Content may be used to provide AI Results (as defined below). Customer retains all right, title and interest in and to the Customer Content.

   2. Use of Customer Content. Customer Content used by the CARTO AI Agent and therefore submitted via the OpenAI Assistant API, including queries sent through CARTO AI Agents will never be used to train, modify or improve AI Models. For the avoidance of doubt, the CARTO AI Agent does not retain, learn from, or adapt based on the Customer Content. "AI Models": means a computational system or algorithm designed to simulate intelligent behavior by processing data and generating outputs based on predefined or learned patterns. AI models may include machine learning, natural language processing, computer vision, and other artificial intelligence techniques. These models operate based on input data but do not inherently learn or adapt from that data unless explicitly programmed to do so.

4. Privacy and security.

   1. Data Processing Addendum. CARTO’s Personal Data Processing Agreement (the “PDPA”), located at https://carto.com/legal/pdpa , is incorporated into and is made subject to these AI Terms. The PDPA applies to the Parties to the extent that Customer Content includes any Personal Data that is subject to the European Union’s General Data Protection Regulation 2016/679 (“GDPR”), or the GDPR as entered into UK law by virtue of the United Kingdom's European Union (Withdrawal) Act 2018 (“UK GDPR”). By using the Services, Customer agrees to the terms specified in the PDPA.

   2. Sensitive Personal Data. Customer shall not cause CARTO to process Sensitive Personal Data without the prior written approval of CARTO, unless such Sensitive Personal Data has been previously to such upload converted into information which does not relate to an identified or identifiable person, or information that is rendered anonymous in such a way that a natural person is not or no longer identifiable (“Anonymous Data”).

   3. HIPAA. Customer agrees not to use the Services to create, receive, maintain, transmit, or otherwise process any information that includes or constitutes “Protected Health Information”, as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103).

   4. Security. CARTO implements the security measures it deems necessary in accordance with the risk analysis carried out. OpenAI maintains strict security measures including industry recognized independent compliance assessment and reports such as SOC2 Type2 and CSA STAR Level 1, available at https://openai.com/security-and-privacy/.

5. AI Results and Intellectual Property.

   1. AI Results. Customer may use CARTO AI Agents services to allow Authorized Users to interact with maps displaying Customer Content and extract insights through a conversational interface, each of the results of such interaction an “AI Result(s)”.

   2. Intellectual Property of the AI Results. All intellectual property rights derived from the AI Results will be owned by Customer. Notwithstanding the foregoing, Customer acknowledges that AI Results are generated automatically by machine learning technology and may be similar to or the same as AI Results provided to other customers, and no rights to any AI Results generated, provided, or returned by the Service for or to other customers are granted to Customer under these AI Terms.

6. Restrictions. In addition to the limitations in the Agreement, Customer may not and will not permit others to:

   1. use the CARTO AI Agent or Customer Content in a manner that violates any applicable laws or OpenAI Policies (as defined in the Open AI Terms and Conditions available at https://openai.com/policies/business-terms/);

   2. use CARTO AI Agent in a manner that infringes, misappropriates or otherwise violates any third party’s rights;

   3. use any personal information of children under 13 or the applicable age of digital consent or allow minors to use our OpenAI services without consent from their parent or guardian;

   4. use AI Results to develop any artificial intelligence models that compete with OpenAI products and services.

   5. use any method to extract data from the CARTO AI Agent other than as permitted through the APIs; or

   6. buy, sell, or transfer API keys from, to or with a third party.

7. CARTO AI Agent limitations.

   1. Customer acknowledges that there are numerous limitations that apply with respect to AI Results provided by large language and other AI Models due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI Models are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI Models can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in output that is out of context or does not make sense, (d) AI Models do not have emotions and cannot understand or convey emotions in the way humans can, which can result in output that lacks the empathy and emotion that humans are able to convey, (e) AI Models can perpetuate biases that are present in the data used to train them, which can result in output that is discriminatory or offensive, (f) AI Models can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI Models require large amounts of data to train and generate content, and the data used to train AI Models may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated output, and (h) output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.

   2. Customer agrees that it is responsible for evaluating, and bearing all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of AI Results.

8. DISCLAIMERS

   1. “As Is” Basis. ANY AI RESULTS ARE PROVIDED “AS IS” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

   2. Accuracy. CARTO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE AI RESULTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CUSTOMER MUST EXERCISE ITS BEST JUDGMENT WHEN USING ANY AI RESULTS AVAILABLE THROUGH CARTO.