Service Descriptions and Additional Terms and Conditions

1. Generally:

a. Reference is made to the Master Subscription Agreement between Client and Rushmore Labs, entered into at the time Client created its Subscription Account (the “MSA”). All terms not otherwise defined in this Service Description and Additional Terms and Conditions document shall have the meaning ascribed to them in the MSA.

2. Commerical Services

a. Per Record – Rushmore Labs will provide Client with access to targeted records of consumers from Rushmore Labs Data warehouse for the purposes of strategy formation, analysis, and direct contact. Records made available to Client may be at the individual, household, or aggregate level and may include name, mailing address, and phone data points as well as consumer and modeled scores. This product may be subject to usage-based fees.

b. CENSAI App – Rushmore Labs will provide access to an interactive platform which displays granular insights into how domestic migration is reshaping geographies. Within the application Authorized Users can derive key insights on population demographics, historical and future trends, and comparable markets to assist in making data driven investments decisions.

c. Consumer Pulse – Rushmore Labs to provide access to application displaying longitudinal, aggregated consumer research data for U.S. adults aged 18 and older, statistically weighted to match US Adult population using proprietary Rushmore Labs statistical weighting software. The end time-series data product is based on a weighted aggregation of thousands of panelist responses and can be used to look at total population trends or the trends of various sub-populations of US Adults through the application.

d. CENSAI Population & Migration Data – Rushmore Labs will deliver aggregated records of population, migration, and demographic data made available to the client at an agreed upon geographic region. The client will have access to the origin and destination of the migration path, inflows, outflows, current population and agreed upon demographics.

e. CENSAI Public API – The CENSAI Public API exposes a curated set of geographic, demographic, and migration data endpoints that subscribers can call from their own applications, data pipelines, and analytics tools. Users can subscribe to the API for a set number of credentials as well as incur usage based overages. The data that can be called from the API includes, migration data, population data, demographics, and custom market scores including investability, affordability, and look-alike markets.

3. API Product Terms.

a. Definitions.

i. “Aggregated Dataset” means any collection, compilation, database, or file created by retaining, storing, combining, or accumulating API Results from two or more Queries.

ii. “API Product” means the application programming interface through which Client may submit Queries and receive API Results on a transactional, ad-hoc basis.

iii. “API Results” means the data returned by the API Product in response to a Query.

iv. “Bulk Data Product” means any Rushmore Labs product or offering that provides data in bulk, batch, or file form, including any nationwide, statewide, regional, or other multi-record dataset, whether or not Client has separately licensed it.

v. “Permitted Purpose” means Client’s use of API Results to analyze, evaluate, or inform a specific business need concerning one or more identified geographies (e.g., market sizing, site selection, demographic or migration analysis) in the ordinary course of Client’s business.

vi. “Query” means a single request submitted to the API Product for one or more data metric (e.g., population, inflows, outflows, etc.) with respect to one specified geography (e.g., a ZIP code, county, or other geographic identifier) for a specified time period.

b. License Grant and Scope. Subject to the MSA and the terms in this Section 3, Rushmore Labs grants Client a limited, non-exclusive, non-transferable, non-sublicensable license to submit Queries and use API Results solely for the Permitted Purpose. All rights not expressly granted are reserved. The API Product is licensed for transactional, ad-hoc use only and is not a substitute for, and may not be used to replicate the function of, a Bulk Data Product.

c. Use Restrictions. Client shall not, and shall not permit any third party to:

i. use the API Product to build, compile, assemble, populate, augment, or maintain any Aggregated Dataset, database, or data file, including any file that reproduces, approximates, or substitutes for all or a substantial portion of a Bulk Data Product;

ii. submit Queries in a pattern designed to accumulate, whether through a single Query type or a combination of Query types, API Results that would replicate, approximate, or substitute for a Bulk Data Product, including by:

1. systematically retrieving the same metric across substantially all geographies within a region, or across the United States, rather than for geographies reflecting Client’s specific, identified business need; or

2. systematically retrieving substantially all available metrics for the same geography or set of geographies in a manner and volume disproportionate to Client’s specific, identified business need for those geographies; provided that Client’s use of multiple metrics across multiple geographies is not, by itself, evidence of a violation of this Section 3(c)(ii) where such use corresponds to Client’s actual, identifiable business need for the specific geographies and metrics queried.

iii. use the API Product to circumvent, or to obtain data that Rushmore Labs otherwise offers through a Bulk Data Product in a manner that circumvents, the pricing, volume terms, or licensing applicable to a Bulk Data Product;

iv. exceed, or attempt to circumvent, any rate limit, query cap, volume quota, query-format requirement, or other technical control Rushmore Labs applies to the API Product;

v. resell, redistribute, sublicense, or make API Results available to any third party, or use API Results other than for Client’s internal Permitted Purpose; or

vi. reverse engineer, or attempt to derive the source or underlying compilation of, the data available through the API Product.

d. Volume Thresholds. Rushmore Labs may establish and enforce rate limits, per-period query caps, and cumulative volume thresholds for the API Product, which may be set out on the Order Form or in the API documentation.

e. Monitoring and Audit.

i. Rushmore Labs may monitor Client’s use of the API Product, including Query patterns, volumes, and cumulative retrieval, to verify compliance with the terms in this Section 3.

ii. Rushmore Labs may embed identifying or “seed” records within the data available through the API Product. The presence of such records in any Aggregated Dataset, file, or product of Client or a third party shall be evidence that such dataset was derived from the API Product in breach of the terms set forth in this Section 3.

iii. Upon 10 days’ notice, Rushmore Labs (or its designated independent auditor) may audit Client’s records, systems, and use of API Results to verify compliance. Client shall retain records of its API Product use sufficient to demonstrate compliance for 12 months. If an audit reveals use in breach of Section 3(c) or Section 3(d), Client shall bear the reasonable cost of the audit.

f. Remedies for Prohibited Bulk Use.

i. Suspension. Rushmore Labs may suspend or throttle Client’s access to the API Product immediately upon a reasonable belief that Client is using it in violation of Section 3(c) or Section 3(d), with notice to Client.

ii. True-Up. If Client uses the API Product to assemble an Aggregated Dataset or otherwise in violation of Section 3(c)(i), (ii), or (iv), Client shall pay Rushmore Labs, as a true-up and not as a penalty, the then-current list fee for the Bulk Data Product(s) most nearly corresponding to the data Client retrieved, less amounts already paid for the corresponding API Product usage, in addition to any fees already incurred. This remedy is in addition to, and not in lieu of, Rushmore Labs’s other rights and remedies.

iii. Injunctive Relief. Client acknowledges that a breach of the terms in this Section 3 may cause Rushmore Labs irreparable harm for which monetary damages are inadequate, and that Rushmore Labs is entitled to seek injunctive relief without the requirement of posting a bond, in addition to its other remedies.

iv. Termination. Rushmore Labs may terminate the API Product license under Section 3(b) for Client’s material breach of Section 3(c) or Section 3(d) if such breach is not cured within 10 days of notice, or immediately if the breach is not curable.

g. Survival. The Use Restrictions in Section 3(c), the Monitoring and Audit provisions in Section 3(e), and this Section 3(g), survive termination or expiration of the API Product license or the MSA.