Agmt25 Populus Technologies, Inc.

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REV: 01-13-25 LR EXHIBIT D TERMS OF SERVICE ADDENDUM For the purposes of this Exhibit D, the City is referred to as “Customer” and Provider is referred to as “Populus”. The term “Agreement” refers to the Agreement to which this Exhibit D is attached and includes the terms hereof. In the event of any conflict between the Agreement and this Exhibit D, the Agreement shall prevail. 1) Definitions: a) “Authorized Users.” means any employee of Customer, or any such other individual, who has a reasonable need to access or use the data in Terminal Services in connection with Customer’s Authorized Purpose, and who has been authorized by a mutually agreed upon written Order by the Parties, to access and use the Terminal Services pursuant to the terms and conditions of this Agreement. b) “Customer Content” means any content, data, and information provided to Populus by Customer for use with the Terminal Services, including, without limitation, any Mobility Data, if applicable. Customer Content does not include Published Content unless such content is Published in Terminal Services. c) “External Materials” shall mean external communications, including but not limited to its products, services, presentations, publications, posters, abstracts, APIs, or other materials intended for external audiences d) “Laws” mean all applicable federal, state, or local laws, regulations and orders e) “Mobility Provider” means an operator of a transportation or rideshare service or platform that provides or facilitates transportation by train, bus, car, bicycle, scooter or any other mode of transportation and is required to provide transportation related data and information to User or its Authorized Users by contract, permit or other applicable ordinance, regulation or law. f) “Mobility Data” means any data or other information made available to Populus by a Mobility Provider at the direction, or for the specific benefit, of the User in providing Terminal Services. g) “Order Form” means a written order form entered into between Populus and Customer that sets forth any commercial or other terms applicable to Customer’s use of Terminal Services. h) “Personal Information” shall mean any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ATTY/AGR.2025.005/Populus Technologies, INC (SaaS Agreement) (Page 19 of 34)