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Out now! Shopping app insights report: 2026 edition. Get the latest data and benchmarks Get the latest data! Shopping app insights 2026 out now brazil china japan united states rest of world General Terms and Conditions for Adjust Inc. Last updated: Sep 24, 2025 You can find our previous General Terms and Conditions linked below. 1. Scope of Application 1.1 These Terms and Conditions including the Annex “Data Processing Agreement” (“Agreement”) entered into by Adjust Inc., 1100 Page Mill Rd, Palo Alto, CA 94304 (hereinafter referred to as “Adjust”) and the entity accepting them (herein after referred to as “Customer”; individually referred to as “Party” and together as the “Parties”) together with the applicable Order Form (see Section 3) govern Customer’s use of the Services provided by Adjust. “Services” means Adjust’s products and services as further described in the applicable Order Form and includes Customer’s access to the Dashboard. “Dashboard” means Adjust’s analytics platform, accessible via https://www.adjust.com. 1.2 In case of a conflict among the agreements listed in Section 1.1, the agreements will prevail in the following order: (i) Order Form, (ii) Annexes to this Agreement, then (iii) this Agreement. 1.3 Adjust can either refer to this Agreement in an Order Form or in checkboxes on Adjust’s website. 1.4 Adjust is entitled to amend/update this Agreement (including the Data Processing Agreement incorporated into and made a part of this Agreement) at any time. If Adjust modifies or updates this Agreement, Adjust will post the revised Agreement on its website, which will generally become effective 30 days later. In addition, Adjust may notify Customer directly via the Dashboard and/or via email. By continuing to use the Services or access the Dashboard after those modifications or updates become effective, Customer agrees to be bound by the revised Agreement. If Customer does not agree to be bound by the revised Agreement, then Customer may object in writing within 30 days of the effective date and must discontinue use of the Services or access to the Dashboard. If Adjust receives a timely objection from Customer, Adjust is entitled to terminate the Agreement and the respective Order Form, but not earlier than the effective date of the revised Agreement, and only if Adjust cannot be reasonably expected to continue the provision of the Services without the revised Agreement. 1.5 SECTION 18 OF THIS AGREEMENT CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATION, AND A CONSOLIDATED, CLASS ACTION, AND REPRESENTATIVE ACTION WAIVER, AND SECTION 11 CONTAINS A LIMITATION OF OUR LIABILITY. BY USING THE SERVICES OR ACCESSING THE DASHBOARD, CUSTOMER AGREES TO THESE PROVISIONS. 2. Services 2.1 The Services are designed to support Customer in the analysis and optimization of Customer’s mobile advertising campaigns. 2.2 Adjust shall render the Services in accordance with the service description specified in the applicable Order Form and as set forth in this Agreement. The Services and support are provided in English. 2.3 In order to ensure the proper functioning of the Services, Adjust reserves the right to (i) make technical changes and improvements to the Services within a reasonable scope, provided the changes do not result in a reduction of the functionality, performance, availability, or security of the Services and (ii) suspend the Services for maintenance or repair purposes. Adjust will inform Customer about material changes to the Services or planned suspensions of the Services reasonably in advance via the Dashboard and/or email. 3. Order Form 3.1 The commercial details (including selected Services, volume, fees and Term) are specified in a separate contractual document (“Order Form”). Upon Customer’s request, Adjust will send a draft of the Order Form to Customer for Customer’s review before the signature process described below will be initiated. 3.2 The Order Form will be executed in written form. Adjust will send Customer an Order Form that constitutes a binding offer by Adjust. Unless otherwise specified in the Order Form, the offer is valid for 14 (fourteen) days from the day Adjust sent the offer to Customer. As a standard, Customer has the option, within the aforementioned period, to sign the Order Form via an e-signature platform provided by Adjust (currently: Adobe Sign). Alternatively, upon Customer’s request, Adjust will send to Customer a PDF version of the Order Form for a wet signature or e-signature via Customer’s e-signature platform. The Order Form becomes legally valid upon Adjust’s receipt of the Customer signed version of the Order Form. 3.3 Any changes or supplements to the duly executed Order Form require the signed, written agreement of the Parties in text form. 3.4 The available language for the Order Form and this Agreement is English. 4. Free Versions and Trial Access 4.1 For testing purposes, Adjust may offer in its own discretion certain Services free of charge for a limited period of time (“Free Versions”). The provision of the Free Versions automatically ends once the period or volume limitations of the Free Versions have been reached. 4.2 Either Party may terminate the provision/use of the Free Services at any time. 4.3 Free Versions and Trials (as defined below) may be inoperable, incomplete, or include features that Adjust may never release, and their features and performance information are Adjust’s Confidential Information. Notwithstanding anything else in this Agreement, Adjust provides no warranty, indemnity, SLA, or support for Free Versions and Trials, and its liability for Free Versions and Trials will not exceed US$50. 4.4 Notwithstanding Section 3, no Order Form will be provided by Adjust for Free Versions. If the requirements for the use of the Free Versions are met, Adjust will grant Customer access to the Free Versions if Customer accepts the then-current terms and conditions during the registration process. 4.5 Sections 4.1 to 4.3 also apply to free trial periods (“Trial”). If applicable, Trial periods will be specified in the Order Form. 5. Account In order to access the Services and the Dashboard, Customer needs to create an Adjust account. Customer represents and warrants that all data provided by Customer during the account registration is complete and correct. Customer is obliged to promptly inform Adjust about any changes to this data or to update altered data in its Adjust account. 6. Grant of Rights, Ownership 6.1 During the Term of this Agreement, Adjust grants Customer the non-exclusive, non-transferable and non-sublicensable, limited and revocable right to access and use the Services including the Dashboard pursuant to the terms of this Agreement and the applicable Order Form. 6.2 Customer shall not make the Services available to Customer’s Affiliates without Adjust’s written confirmation (email sufficing). “Affiliate” means, with respect to an entity, any other entity that directly or indirectly controls, is controlled by or is jointly controlled by a Party, where "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through ownership of at least fifty percent (50%) of the voting securities, by contract, or otherwise. 6.3 Customer may grant its employees, Agencies, Partners and other third parties acting on behalf of Customer (“Authorized Users”) access to Customer’s account. 6.4 Where Customer grants its Affiliates and Authorized Users access to the Services, Customer shall ensure that such Affiliates and Authorized Users comply with the terms of this Agreement and the applicable Order Form and Customer shall remain liable for any breaches of the terms of this Agreement and the applicable Order Form by its Affiliates or Authorized Users as if they were its own. 6.5 Apart from the parties mentioned in Sections 6.2 and 6.3, Customer may not transfer, lend, rent, lease, distribute the Services, or use them for providing services to a third party, or grant any rights in and to the Services to a third party in any form, without Adjust’s express prior written consent. 6.6 Adjust retains all intellectual property rights as well as any other rights in the Services as well as other services that are provided under this Agreement and the applicable Order Form, including all rights in patents, trademarks, source codes, databases, hardware or any other material (e.g. documentations, developments, functions, report templates and preparatory material). 6.7 Customer retains full ownership of the data that Customer generates by using the Services (“Customer Data”). Customer has all rights in the reports, analytics, and other types of information and data that the Services may generate, provide or make available to Customer. 6.8 During the Term of this Agreement, Customer grants Adjust the non-exclusive, transferable, sub-licensable and royalty-free right to use, host, transmit, display, and reproduce the content provided by or on behalf of Customer in connection with this Agreement, including Customer Data, for the sole purpose of fulfilling the obligations arising from this Agreement and operating the Services. 6.9 Adjust is entitled to refer to the collaboration with Customer and to depict Customer’s logo for self-promotional purposes unless the Parties have agreed otherwise in writing. 6.10 Customer grants Adjust a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use any suggestion, recommendation, feature request, or other feedback related to the Services provided by or on behalf of Customer and its employees, and to incorporate any of the above into the Services. 7. Customer’s Rights and Obligations 7.1 Customer is entitled to use the Services only in accordance with this Agreement and the applicable Order Form. 7.2 Upon receipt of the Services, Customer is obliged to immediately notify Adjust in writing of any obvious defects in the Services. 7.3 In order to enable and maintain a proper functioning of the Services, Customer must follow Adjust’s reasonable instructions and the protocols and specifications provided by Adjust (for example under https://help.adjust.com/en). 7.4 Customer must implement the latest (non-beta) SDK Signature library and install library updates within 90 days after Adjust has provided notice of available updates. Such updates are necessary in order to reduce fraudulent traffic / SDK spoofing. If Customer does not make the necessary updates in the period specified above, Adjust cannot be held responsible for any installs or datapoints resulting from SDK spoofing. 7.5 If Customer or a third party on behalf of Customer wants to run a penetration/vulnerability scan of the Services, Customer may only do so with Adjust’s prior written consent (email is sufficing). 7.6 Customer may not perform or attempt to perform any of the following in connection with the Services (or permit anyone else to perform the following): breaching the security of the Services, accessing data not intended for the Customer; interfering with, circumventing, manipulating, overloading, impairing or disrupting the operation, or the functionality of the Services; circumventing or disclosing the user authentication or security of the Services or any host, network, or account related thereto; transmitting any content, data or information that is unlawful or harmful; using the Services to develop a similar or competing product or service; and accessing or using the Services in a manner that violates any applicable law. 7.7 Customer will do the following in connection with the Services: before accessing the Services, during use of the Services and when transferring data, take all reasonable precautions against security attacks on Customer’s systems; and keep user IDs and passwords and other access data secret and confidential, not to pass them on to unauthorized third parties and to protect them from being accessed by third parties by taking appropriate measures that are in line with the latest industry standards and inform Adjust immediately when Customer becomes aware of unauthorized third parties gaining access to passwords or other access data. 8. Term, Termination, Downgrade, Suspension 8.1 The “Term” of this Agreement corresponds with the term indicated in the applicable Order Form. 8.2 In the event that the Order Form does not contain any deviating term length provisions, the following shall apply: This Agreement and the applicable Order Form is effective for 12 consecutive months (“Initial Term”). Upon expiration of the Initial Term, this Agreement and the applicable Order Form shall automatically be renewed for 12 consecutive months on a continuous basis (“Renewal Term”). To avoid a renewal of the Initial Term/any Renewal Term, either Party must give the other Party written notice of its intent not to renew the Initial Term/any Renewal Term at least 45 days prior to the renewal date. 8.3 Each Party has the right to immediately terminate this Agreement and the applicable Order Form in accordance with the applicable law, in particular if: The other Party is dissolved or insolvency, bankruptcy, judicial or extrajudicial reorganization proceedings are conducted against the other Party; or the other Party (“Breaching Party”) materially breaches the provisions of this Agreement, the applicable Order Form and/or violates applicable laws and fails to remedy the breach or violation within 30 days after receipt of a written from request from the other Party (“Non-Breaching Party”). No such request is necessary if it has no prospect of success or if the breach or violation is so serious that the Non-Breaching Party cannot be reasonably expected to adhere to this Agreement and the applicable Order Form. A breach or violation is also deemed serious if the Breaching Party has received notices of warnings from the Non-Breaching Party several times because of similar violations. 8.4 The Parties will renegotiate the commercial details (fees and volume included) of this Agreement and/or the applicable Order Form if Customer’s account shows an abnormally high amount of tracked Data Points (“Misuse”). “Data Points” are the sum of all sessions (which include but are not limited to installs, attributions and reattributions), events, impressions and clicks which are tracked on behalf of Customer. Indications for a Misuse include but are not limited to: (i) abnormally high amount of clicks and irregularly low conversion rate (“Click Spamming”), or (ii) abnormally high amount of impressions or custom events. In the event that (a) Customer fails to remedy the Misuse within three (3) working days upon Adjust's first written request; (b) the Parties fail to reach an agreement on the adjustment of this Agreement and/or the applicable Order Form; and/or (c) the Parties reach an agreement, but Customer’s account shows repeated/continuous Misuse of the Services, then Adjust reserves the right to terminate this Agreement and the applicable Order Form extraordinarily upon providing a 14-days prior written notice to Customer. 8.5 Adjust reserves the right to discontinue the provision of the Services in certain countries if applicable (local) laws make the provision of the Services impossible or economically unviable (for example due to data residency regulations). In this case Adjust may terminate this Agreement and the applicable Order Form extraordinarily upon providing a 90-days written notice to Customer. 8.6 Upon termination or expiration of this Agreement and the applicable Order Form, Customer’s account will be terminated, meaning Customer will no longer have access to the Services, the Dashboard and its Adjust account. Adjust will delete the Customer Data within 60 days after the termination or expiration of this Agreement and the applicable Order Form unless statutory provisions applicable to Adjust require a further retention. Customer is obliged to delete all copies of the codes (including SDKs, APIs, tracker links and associated secrets) that were provided by Adjust. 8.7 Except as set forth in this Agreement and/or the applicable Order Form, an ordinary termination/a termination for convenience of this Agreement and /or the applicable Order Form is not permitted. 8.8 A downgrade of the selected Services (the volume/package specified in the Order Form) during the current Term is not permitted. If Customer plans to downgrade the selected Services, Customer must give Adjust written notice of its intent to downgrade at least 45 days prior to the current Term’s renewal date. 8.9 Adjust may Suspend the Services if Adjust becomes aware of Customer’s material noncompliance with this Agreement and/or the applicable Order Form and in case of an emergency security issue. Adjust will (i) provide Customer written notice of the cause for suspension without undue delay and (ii) the Suspension will be to the minimum extent and for the shortest duration required to resolve the cause for Suspension. “Suspend/Suspension” means disabling access to or use of the Services or components of the Services including Customer’s access to Dashboard and Customer Data. 9. Fees, Payment 9.1 The fees for the selected Services are set forth in the applicable Order Form. Unless explicitly stated otherwise, all fees are quoted exclusive of any sales, use, GST, value-added, withholding, or similar taxes or levies that apply to the Services, whether domestic or foreign, other than Adjust’s income tax. 9.2 In the event that the Order Form does not contain any deviating payment provisions, the following shall apply: Customer shall pay the fees for the whole Term in advance (prepayment). If Customer exceeds the limits of the selected Services (as set forth in the applicable Order Form), additional (re-)attributions/data points/monthly active users will be invoiced separately. Invoices will be sent to Customer in electronic form and must be paid within 30 days of receipt. 9.3 Except as explicitly stated otherwise in this Agreement and/or the applicable Order Form, Customer is responsible for paying all fees set out in the applicable Order Form, whether or not Customer actively used or accessed or otherwise benefited from the Services. 9.4 In the event of late payments, Adjust reserves the right to Suspend Customer’s access to the Services until all due payments have been made. Adjust will inform Customer well in advance about any Suspension. For the avoidance of doubt, the Suspension neither interrupts the term of the Agreement nor Customer's further payment obligations. 9.5 The fees specified in the Order Form will increase by 10% with each Renewal Term. 9.6 If (i) Customer terminates this Agreement and the applicable Order Form in accordance with Section 8.3 due to a material breach by Adjust; or (ii) Adjust terminates this Agreement and the applicable Order Form in accordance with Section 8.5 or Section 16.4, then Adjust will refund Customer any prepaid fees (pro rata) for the Services not yet provided until the termination date. 10. Indemnification 10.1 Adjust will defend Customer from and against any third-party claim to the extent alleging that a Service, when used by Customer as permitted under this Agreement and the applicable Order Form infringes or misappropriates a third-party’s U.S. patent, copyright, trademark, or trade secret, and will indemnify and hold harmless Customer against any damages and costs awarded against Customer (including reasonable attorneys’ fees) or agreed in a settlement by Adjust resulting from the claim. 10.2 Customer will defend Adjust from and against any third-party claim to the extent resulting from any information, data or materials provided, input or submitted to the Services by Customer (“Customer Materials”) or Customer’s breach or alleged breach of this Agreement, and will indemnify and hold harmless Adjust against any damages and costs awarded against Adjust (including reasonable attorneys’ fees) or agreed in a settlement by Customer resulting from the claim. 10.3 The indemnifying party’s obligations in this Section 10 are subject to it receiving: (a) prompt written notice of the claim; (b) the exclusive right to control and direct the investigation, defense, and settlement of the claim; and (c) all reasonably necessary cooperation of the indemnified party, at the indemnifying party’s expense for reasonable out-of-pocket costs. The indemnifying party may not settle any claim without the indemnified party’s prior consent if settlement would require the indemnified party to admit fault or take or refrain from taking any action (other than relating to use of the Services, when Adjust is the indemnifying party). The indemnified party may participate in a claim with its own counsel at its own expense. 10.4 In response to an actual or potential infringement or misappropriation claim or otherwise relating to violation of intellectual property rights, if required by settlement or injunction or as Adjust determines necessary to avoid material liability, Adjust may at its option: (a) procure rights for Customer’s continued use of the applicable Service; (b) replace or modify the allegedly infringing portion of the applicable Service to avoid infringement or misappropriation without reducing the Service’s overall functionality; or (c) terminate the affected Order Form and refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term. 10.5 Adjust’s obligations in this Section 10 do not apply: (a) to infringement or misappropriation resulting from Customer’s modification of Services or use of Services in combination with items not provided by Adjust (including third-party platforms); (b) to infringement resulting from Software other than the most recent release; (c) to unauthorized use of Services; (d) if Customer settles or makes any admissions about a claim without Adjust’s prior consent; or (e) to Free Versions, Trials or other free or evaluation use. 10.6 This Section 10 sets out Customer’s exclusive remedy and Adjust’s entire liability regarding infringement or misappropriation of third-party intellectual property rights. 11. Limitation of Our Liability 11.1 Adjust shall be responsible for ensuring that the Services operate as specified in this Agreement and the applicable Order Form. Adjust does not assume any liability for any damages resulting from a usage of the Services not in accordance with the specifications of this Agreement and the applicable Order Form. 11.2 CONSEQUENTIAL DAMAGES WAIVER. EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED BELOW) NEITHER PARTY (NOR ITS SUPPLIERS OR LICENSORS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE. 11.3 LIABILITY CAP. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S (AND ITS SUPPLIERS’ AND LICENSOR’S) ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED IN AGGREGATE THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO ADJUST PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE APPLICABLE CLAIM GIVING RISE TO THE LIABILITY AROSE UNDER THIS AGREEMENT. 11.4 EXCLUDED CLAIMS. “EXCLUDED CLAIMS” MEANS: (A) CUSTOMER’S BREACH OF SECTIONS 6.5 OR 7.5; (B) EITHER PARTY’S BREACH OF SECTION 12 (CONFIDENTIALITY) (BUT EXCLUDING CLAIMS RELATING TO CUSTOMER MATERIALS OR CUSTOMER DATA); OR (C) AMOUNTS PAYABLE TO THIRD PARTIES UNDER EITHER PARTY’S OBLIGATIONS IN SECTION 10. 11.5 The waivers and limitations in this Section 11 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose. 11.6 Neither Party will be liable for failure or delay in performance of its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war (“Force Majeure”). 12. Confidentiality 12.1 Each Party (“Receiving Party”) shall keep in confidence and use solely for the purpose of performing its obligations under this Agreement and the applicable Order Form all Confidential Information which it receives from the other Party (“Disclosing Party”) in connection with this Agreement and the applicable Order Form. “Confidential Information” means all information and documents, including this Agreement and the applicable Order Form, which are either marked as confidential or which, according to the circumstances or their nature, should reasonably be considered to be confidential. In particular, Confidential Information comprises all trade secrets under the applicable law. Confidential Information also includes non-public technical, business or other information, information concerning technologies, research and development, products, services, prices for products and services, marketing plans and financial matters. Information which was already known to the Receiving Party before it received such information from the Disclosing Party under this Agreement; the Receiving Party independently developed without availing itself of Confidential Information of the Disclosing Party; the Receiving Party obtained from a third party, provided the respective third party is entitled to disclose such information without violating confidentiality obligations protecting the Disclosing Party’s Confidential Information; is or becomes generally known without fault of the part of the Receiving Party; or the Disclosing Party has exempted from confidentiality vis-à-vis the Receiving Party by way of a written agreement, is not considered Confidential Information. 12.2 The Receiving Party shall protect Confidential Information against unauthorized access and treat such information with the same care they apply to their own, equally Confidential Information, but in no event less than a reasonable duty of care. Except with the prior written approval of the Disclosing Party, the Receiving Party shall not disclose Confidential Information to any third party. Nothing in this Agreement prohibits either Party from making disclosures of Confidential Information if required by applicable law, subpoena, or court order, provided (if permitted by applicable law) it notifies the other Party in advance and cooperates in any effort to obtain confidential treatment. 12.3 The Receiving Party may use and have used and disclose Confidential Information by or to (i) its subcontractors, (ii) its technical service providers (e.g., hosting or outsourcing services), (iii) legal counsel, tax advisors, auditors and/or accountants, (iv) third parties that are involved in M&A or restructuring activities concerning the Receiving Party to the extent this is reasonably required to conduct such activities, in each case of (i) through (iv) provided that such third party is bound by legal or professional confidentiality duties or has agreed toward the Receiving Party to confidentiality obligations that are materially comparable to the terms of this Section 12. 12.4 The Receiving Party shall return or irretrievably delete (as reasonably instructed by the Disclosing Party) any and all Confidential Information upon (i) the termination of this Agreement or any applicable Order Form; or (ii) written request by the Disclosing Party, whichever happens first. The Receiving Party shall not be required to delete or erase such copies of Confidential Information that are stored for compliances purposes or that are stored on backup media or backup servers until such time as the backup copies are scheduled to be deleted in accordance with recognized IT security procedures, provided that, subject to Section 12.2, the Receiving Party will not use any such retained Confidential Information for other than compliance or back-up purposes. 12.5 This Section 12 shall survive the termination of this Agreement and the applicable Order Form by a term of three (3) years. 13. Agencies and Partners 13.1 Customer may also be an agency that is representing or providing services for the benefit of its clients (“Agency”). Agency may give its clients access to the Dashboard and use the Services for the benefit of its clients provided that the requirements and restrictions of this Agreement and the applicable Order Form, in particular Section 16 (Export Control) below, are met. Section 6 remains unaffected. Agency warrants that it will only use the Services as contractually agreed with its clients. 13.2 The Services enable Customer to measure and analyze marketing campaigns with certain third parties that Customer cooperates with, such as advertising networks, publishers and analytics providers (“Partners”). Customer may give Partners access to the Customer Data and the Dashboard, subject to a separate agreement between Customer and the respective Partner. Section 6 remains unaffected. Customer warrants that it will only use the Services as contractually agreed with its Partners. 13.3 Adjust will not be liable to Agency’s clients or to Partners under any circumstances and does not make any representations or warranties to Agency’s clients or to Partners; in no event will Agency's clients or Partners be considered third-party beneficiaries under this Agreement. This Agreement has no protective effect in favor of the Agency’s clients or in favor of Partners and the Agency’s clients or the Partners acquire no claim of their own against Adjust. 14. Compliance with Applicable Laws, App Store Guidelines 14.1 Each Party shall comply with all data protection and privacy laws and regulations applicable to its processing of Personal Data under this Agreement (collectively, “Applicable Privacy Laws”), including but not limited to the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the California Consumer Privacy Act (“CCPA”), and other relevant laws in jurisdictions in which the Parties operate. “Personal Data” shall have the meaning as defined under Applicable Privacy Laws. 14.2 The processing of Personal Data by Adjust on behalf of Customer requires a written agreement (“Data Processing Agreement”). The Annex “Data Processing Agreement” is incorporated into and made a part of this Agreement. Customer hereby commissions Adjust to process Personal Data on its behalf in accordance with the conditions of the Annex. . 14.3 Customer will inform its end-/app users (i.e. the “Data Subjects”) in accordance with applicable requirements (e.g., Art. 13/14 GDPR and business/controller obligations under various U.S. general privacy laws), as only Customer, as the data controller, is in direct contact with the Data Subjects. Customer is responsible and guarantees to obtain and maintain valid consents from, or provide opt-outs to, all the Data Subjects, as may be necessary under Applicable Privacy Laws to process their Personal Data in the manner and for the purposes set forth in this Agreement and the applicable Order Form. 14.4 Where Customer processes Personal Data of children (as defined under Applicable Privacy Laws), Customer is solely responsible for ensuring that any such processing is lawful, including obtaining verifiable parental consent where required. 14.5 Adjust shall offer an automatic opt-out tool on its website to allow Data Subjects to object to the processing of their Personal Data. 14.6 Customer is obliged to comply with all applicable app store guidelines, including, but not limited to Apple App Store and Google Play Store guidelines. 14.7 In case of a violation of this Section 14, Adjust reserves the right to Suspend the Services. 15. COPPA Customers with services/apps directed to children might be subject to the US Children’s Online Privacy Protection Act (“COPPA”). If applicable, Customer is not allowed to share personal identifiers including but not limited to IP-addresses, IDFA (Identifier for Advertising) or IDFV (Identifier for Vendor), Android ID, Google Play Advertising ID and Google Play store referrer, WindowsHardware ID, Windows NetworkID, Windows Phone device ID and UUIDs (“Personal Identifiers”) with Partners of Adjust or other third parties. All the aforementioned Personal Identifiers are potentially data collected within the Services. To learn more about how COPPA defines services directed to children and the rule’s requirements, see https://help.adjust.com/en/article/coppa-compliance. 16. Export Control; Complying with 28 CFR Part 202 and Similar Requirements 16.1 In using the Services, Customer will comply with all relevant U.S. and foreign export and import laws, 28 CFR Part 202, and similar requirements. Customer: (i) represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; (ii) agrees not to access or use Services in violation of any U.S. export embargo, prohibition, or restriction; (iii) will not submit to the Services any information controlled under the U.S. International Traffic in Arms Regulations; and (iv) does not qualify as (1) a foreign entity headquartered in or organized under the laws of a “country of concern” as defined in 28 CFR Part 202; (2) a foreign entity 50% or more owned by a country of concern or covered person as defined in 28 CFR Part 202; (3) a foreign individual primarily resident in a country of concern as defined in 28 CFR Part 202; or (4) a foreign individual who serves as an employee or contractor of a covered person entity or a country-of-concern government as defined in 28 CFR Part 202. 16.2 If Customer qualifies as a “foreign party” as defined in 28 CFR Part 202, Customer may not sell, provide access to, or otherwise share or attempt to share any data provided to Customer pursuant to its use of the Services or access to the Dashboard to “countries of concern” or “covered persons” as defined in 28 CFR Part 202. If Customer knows or suspects that a country of concern or covered person has gained access to any data provided to Customer pursuant to its use of the Services or access to the Dashboard, Customer must immediately notify Adjust and take other appropriate steps required under applicable laws. Failure to comply with this requirement will constitute a breach of this Agreement and may constitute a violation of 28 CFR Part 202. 17. Service Availability Adjust shall use commercially reasonable efforts to ensure the Services are available at least 99.8% per year. Adjust points out that the Services may be interrupted or disrupted by circumstances beyond Adjust’s area of responsibility, including but not limited to acts of third parties that do not act on Adjust’s behalf, technical conditions of the internet that Adjust cannot influence, or events of Force Majeure. If such circumstances interfere with the availability or functionality of the Services, this has no effect on the contractual conformity of the Services provided by Adjust. 18. Informal Dispute Resolution Process; Agreement to Arbitration; Consolidated, Class Action, and Representative Action Waiver 18.1 Except as provided below, if any dispute arises between the Parties concerning or relating to this Agreement, the Services, the Dashboard, or our relationship, the Parties agree to work in good faith to resolve the dispute informally by providing a written notice of dispute (the “Notice of Dispute”) to the applicable Party. Any Notices of Dispute should be submitted to Adjust at https://www.help.adjust.com/en/support. 18.2 If the Parties cannot informally resolve the dispute within sixty (60) days from receipt of the Notice of Dispute, the Parties agree to submit the dispute arising between them, including any claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope, applicability, or enforceability of this Agreement to Arbitration, for determination through binding arbitration administered by JAMS pursuant to (i) JAMS’ Comprehensive Arbitration Rules & Procedures and (ii) JAMS’ Mass Arbitration Procedures and Guidelines (together, the “Applicable Rules”) if seventy-five or more demands for arbitration are filed that share common factual or legal issues and if counsel for the parties submitting those demands are the same or coordinated, except as modified by this Agreement to Arbitration. 18.3 The Parties agree that all arbitration proceedings, including witness interviews, written statements or other submissions, hearings, and the arbitration decision, shall be conducted or rendered in English. At the beginning of any arbitration process under this Agreement, the Parties will select an arbitrator, fluent in English, by mutual agreement. Such an arbitrator shall be a retired judge or justice or another qualified and impartial person that the Parties decide upon, and any such arbitrator shall be subject to disqualification on the same grounds as would apply to a judge or justice in a court proceeding. If the Parties cannot agree on the selection of an arbitrator, the Parties will request a list of an odd number of potential arbitrators from the JAMS and alternatively strike potential arbitrators, with Adjust going first, until one potential arbitrator remains. 18.4 The Parties agree that the arbitrator shall administer and conduct any arbitration in accordance with California law, including the California Code of Civil Procedure, and that the arbitrator shall apply substantive and procedural California law to any dispute or claim, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction. To the extent that the Applicable Rules conflict with California law, California law shall take precedence. 18.5 The Parties agree that any arbitration under this Agreement shall be conducted exclusively in Santa Clara County, California for any arbitration proceedings, unless the parties agree to some other location. In addition, Customer and Adjust agree to submit to the personal jurisdiction of any federal or state court in Santa Clara County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on any arbitral award. 18.6 The Parties agree that the decision of the arbitrator shall be rendered within twelve (12) months of the commencement of the arbitration (unless extended by the arbitrator for good cause), and that the decision shall be in a reasoned written opinion based solely upon the law governing the claims and defenses pleaded. The arbitrator’s decision regarding the claims shall be final and binding upon the Parties and shall be enforceable in any court having appropriate jurisdiction within the Designated Venue. The Parties will split equally the arbitrator’s fees and other costs imposed by the Alternative Dispute Resolution Provider, but each Party shall be responsible for paying such Party’s own attorneys’ fees and costs related to the arbitration. 18.7 This Section does not apply to the following types of claims or disputes, which either Adjust or Customer may bring in court in accordance with this Agreement: Customer’s payment obligations under this Agreement or Adjust’s right to offset or pursue past due accounts through collections or other means; Claims of infringement or other misuse of intellectual property rights; Claims for violation of any applicable confidentiality provisions; Claims for preliminary injunctive relief for any violations of this Agreement; Claims to request enforcement or recognition of any award or order in any appropriate jurisdiction; and Adjust’s right to suspend or terminate access to the Services or the Dashboard. 18.8 For disputes arising between Adjust and Customer, or any other customer, Customer and Adjust agree that the Parties can only bring a claim against each other on an individual basis. EXCEPT AS PROVIDED HEREIN WITH RESPECT TO MATTERS QUALIFYING AS A MASS ARBITRATION, NEITHER CUSTOMER NOR ADJUST CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CLASS-WIDE ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. EXCEPT AS PROVIDED HEREIN WITH RESPECT TO MATTERS QUALIFYING AS A MASS ARBITRATION, THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS THE PARTIES BOTH AGREE OTHERWISE IN WRITING. NONETHELESS, IF ANY PORTION OF THIS CONSOLIDATED, CLASS ACTION, OR REPRESENTATIVE ACTION WAIVER IS DEEMED UNENFORCEABLE OR INVALID, THE ARBITRATOR SHALL HAVE AUTHORITY TO ISSUE ANY AND ALL REMEDIES AUTHORIZED BY LAW. 18.9 CUSTOMER UNDERSTANDS THAT, ABSENT THIS AGREEMENT TO ARBITRATION, CUSTOMER WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE ITS CASE, AND TO BE PARTY TO A CONSOLIDATED, CLASS, OR REPRESENTATIVE ACTION. HOWEVER, CUSTOMER UNDERSTANDS AND CHOOSES TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. 18.10 This Section applies to the full extent permitted by applicable law. If any competent authority deems any portion of this Section illegal or unenforceable, such provision will be severed and the remainder of this Section will be given full force and effect. 18.11 If any competent authority determines that applicable law precludes the arbitration of any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this Agreement to Arbitration and brought in a court of competent jurisdiction. If that occurs, then Customer and Adjust agree that the severed claims, causes of action, or requested remedies will be stayed until all arbitrable claims, causes of action, and requested remedies have been resolved by the arbitrator. 19. Miscellaneous 19.1 This Agreement, and all claims or defenses based on, arising out of, or related to this Agreement or the relationship of the Parties under this Agreement, including those arising from or related to the negotiation, execution, performance, or breach of this Agreement, shall be governed by, and enforced in accordance with, the internal laws of the State of California, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction. Except as provided herein, any disputes not subject to the Agreement to Arbitration set forth in this Agreement shall be heard only in the state or federal courts located in Santa Clara County, California, unless we mutually agree to some other location. Each Party consents to venue and personal jurisdiction in Santa Clara County, California, for purposes of any such action. 19.2 Unless explicitly stated otherwise, Customer will provide notices under this Agreement to Adjust by sending an email to legal@adjust.com, and Adjust will provide notices under this Agreement to Customer by sending an email to the email address provided in the Customer account. Notice will be treated as received when the email is sent. Customer is responsible for keeping its email address current throughout the Term. 19.3 If any provision of this Agreement and/or the applicable Order Form or part thereof is invalid or becomes invalid at a later time, the validity of the remaining provisions shall remain unaffected. The relevant provision shall be replaced by a provision that as closely as possible reflects the economic purpose of the invalid provision. The foregoing shall apply analogously if any provision has inadvertently been omitted. 19.4 Unless otherwise specified in this Agreement, Customer shall not assign or otherwise transfer any rights or obligations under this Agreement without Adjust’s permission. Adjust may assign and/or transfer this Agreement, and its rights and obligations hereunder, in whole or in part, to (i) any of its Affiliates; or (ii) to a third party in connection with a reorganization, merger, acquisition, or sale of all or substantially all of its assets. This Agreement will be binding on the Parties and their respective successors and permitted assigns. Any assignment in contravention of this Section 18.4 is void. 19.5 By entering into this Agreement and the applicable Order Form, each Party represents and warrants that it has full power and authority to enter into the Agreement and the applicable Order Form. Annex: Data Processing Agreement Section A: Customers with child-directed apps / COPPA 1. Scope of Application This Section A contains Customer’s obligations to comply with the US Children’s Online Privacy Protection Act (“COPPA”) regulations if Customer’s app is primarily directed to children under the age of thirteen (13). 2. Customer’s Obligations 2.1 Customers with child-directed apps need to follow Company’s instructions regarding the correct set-up of Company’s Services, see https://help.adjust.com/en/article/coppa-compliance. In particular, Customers with child-directed apps are not allowed to share Personal Identifiers (“Personal Identifiers”) including but not limited to IP addresses, MAC addresses, IDFA (Identifier for Advertising) or IDFV (Identifier for Vendor), Android ID, Google Play Advertising ID and Google Play store referrer, Windows Hardware ID, Windows NetworkI D, Windows Phone device ID and UUIDs with Partners. All these Personal Identifiers are potentially data collected within Company’s Services. 2.2 Customer and its successors and assigns shall indemnify, defend, and hold harmless Company, and its shareholders, directors, officers, employees and agents, and its and their successors and assignees from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, reasonable attorneys’ fees and costs that any such indemnified party may incur or suffer as a result of Customer violating Section 2.1. Section B: Standard Contractual Clauses 1. The Parties agree that the standard contractual clauses for the transfer of personal data to third countries (“SCCs”), as adopted by the European Commission on 4 June 2021, ref. no. C (2021) 3972, Module Two, shall be incorporated in the Agreement by reference, with the following specifications: 2. For the purposes of Clause 9, the Parties select Option 2 and agree on a notice period of two weeks. For the purposes of Clause 17, the Parties select Option 1 and agree that the SCCs shall be governed by the law of Germany. For the purposes of Clause 18, the Parties agree that disputes arising from the SCCs shall be resolved by the courts of Berlin, Germany. 3. For the purposes of Annex I A, Customer shall act as data exporter and controller, and Company shall act as data importer and processor. 4. For the purposes of Annex I B, the transfer is further described in Appendix A below. 5. For the purposes of Annex II, Company’s technical and organisational measures are as follows: a) Confidentiality (art. 32 para. 1 point b GDPR) Physical access control: The prevention of unauthorized parties gaining access to personal data processing systems. These measures include an electronic access control system with protocols, a documented key allocation to employees and colocation-customers for colocation racks, video surveillance of the entrances and exits and a 24/7 occupancy of the computer center at the subcontractor’s premises (Leaseweb). In addition, there are guidelines on how to accompany and identify guests in the building. Logical access control: Measures that prevent the unauthorized use of the data processing systems. A password protected access is used that only authorized personnel can use. Data access control: Measures that ensure that people entitled to use the data processing systems can solely access data that they are entitled to access in accordance with their access rights, and that during the course of processing, use and after storage, personal data cannot be read, copied, modified or deleted without authorization. Audit-proof and binding authorization procedures have been implemented for the authorized employees. Separation control: Measures that ensure that data that was collected for different purposes can be processed separately. The data is physically or logically stored separately from other data and the data backups are made on systems that are logically and/or physically separate. Pseudonymisation (art. 32 para. 1 point a GDPR; art. 25 para. 1 GDPR): The processing of personal data in such a method/way, that the data cannot be associated with a specific data subject without the assistance of additional Information, provided that this additional information is stored separately, and is subject to appropriate technical and organisational measures. b) Integrity (art. 32 para. 1 point b GDPR) Data transfer control: Measures that ensure that during electronic transmission, transport or storage on data carriers personal data cannot be read, copied, modified or deleted without authorization, and that it can be established and verified to which entities a transfer of personal data by means of data transmission facilities is planned. All employees have undertaken to comply with the principle of data secrecy and there are capacities for encrypted data transmissions. Furthermore, the data is deleted in accordance with data protection laws after the end of the commission. Entry control: Measures that ensure the establishment of an audit trail to document whether and by whom personal data have been entered into, modified in or removed from the data processing systems. Entries can only be done by authorized persons that possess the identification key and password. All log-ins and log-offs as well as entries into the system are logged. The integrity of the data is assured by the software design. c) Availability and Resilience (art. 32 para. 1 point b GDPR) Availability control: Measures that ensure that personal data are protected against accidental destruction or loss. Backup and recovery procedures with a daily mirroring of the data have been implemented. The technical availability is ensured by hard disk mirroring. In addition, there is uninterruptible power supply and a firewall system as well as port regulations are in place. Rapid Recovery (art. 32 para. 1 point c GDPR): Company creates continuous backups, which are also continuously transferred to a remote site. With this back-up, Company can restore data. There is a regular check to see if recovery works this way. d) Procedures for regular testing, assessment and evaluation (art. 32 para. 1 point d GDPR; art. 25 para. 1 GDPR) Data protection management: All employees are demonstrably committed to data secrecy and receive a training at least once a year. Incident response management: In the event of a data loss, notification to the relevant data protection authority will be happening immediately. In addition, the management, the CTO and the data protection officer are informed immediately. Users and others may report any loss of data to privacy@adjust.com. Data protection by design and default (art. 25 para. 2 GDPR): Company only collects data that is mandatory for the provision of Company’s services. Control of instructions: Measures that ensure that personal data that are being processed on behalf of Customer are processed solely in accordance with the Customer’s instructions. The employees are instructed on the relevant data protection law on a regular basis, and they are familiar with the procedural requirements and user guidelines for data processing. The unambiguous wording of the contract ensures that the data may only be processed in accordance with the instructions issued by the Customer. 6. For the purposes of Annex III, Customer has authorized the use of the sub-processors specified in Appendix B below. Section C: U.S. Privacy Law Data Processing Addendum (“U.S. DPA”) 1. Definitions. For the purposes of this U.S. Privacy Law Data Processing Addendum (“U.S. DPA”), the following terms shall have the meaning set forth below. 1.1 “U.S. Privacy Laws” means, collectively, all U.S. federal and state privacy laws and their implementing regulations, as amended or superseded from time to time, that apply generally to the processing of individuals' Personal Data and that do not apply solely to specific industry sectors (e.g., financial institutions), specific demographics (e.g., children), or specific classes of information (e.g., health or biometric information). U.S. Privacy Laws include, but are not limited to, the following: 1.1.1 California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”); 1.1.2 Colorado Privacy Act; 1.1.3 Connecticut Personal Data Privacy and Online Monitoring Act; 1.1.4 Indiana Consumer Data Protection Act; 1.1.5 Iowa Consumer Data Protection Act; 1.1.6 Montana Consumer Data Privacy Act; 1.1.7 Tennessee Information Privacy Act; 1.1.8 Texas Data Privacy and Security Act; 1.1.9 Utah Consumer Privacy Act; and 1.1.10 Virginia Consumer Data Protection Act. 1.2 Personal Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable natural person. Where applicable, Personal Data shall be interpreted consistent with the same or similar term under U.S. Privacy Laws. 1.3 “Share,” “Shared,” and “Sharing” have the meaning defined in the CCPA. 1.4 “Sale” and “Selling” have the meaning defined in the U.S. Privacy Laws. 1.5 “Controller” means “Controller” or “Business” as those terms are defined in the U.S. Privacy Laws. 1.6 “Processor” means “Processor,” “Service Provider,” or “Contractor” as those terms are defined in the U.S. Privacy Laws. 1.7 “Consumer” has the meaning defined in the U.S. Privacy Laws. 1.8 “Processing,” “Process,” and “Processed” have the meaning defined in the U.S. Privacy Laws. 1.9 “Customer Personal Data” means Personal Data provided by Customer to, or which is collected on behalf of Customer by, Company to provide services to Customer pursuant to the Agreement. 1.10 In the event of a conflict in the meanings of defined terms in the U.S. Privacy Laws, the meaning from the law applicable to the state of residence of the relevant Consumer applies. 2. Scope, Roles, and Termination. 2.1 Applicability: This U.S. DPA applies only to Company’s Processing of Customer Personal Data for the nature, purposes, and duration set forth in Appendix A. 2.2 Roles of the Parties: For the purposes of the Agreement and this U.S. DPA, Customer is the Party responsible for determining the purposes and means of Processing Customer Personal Data as the Controller and appoints Company as a Processor to Process Customer Personal Data on behalf of Customer for the limited and specific purposes set forth in Appendix A. 2.3 Obligations at Termination: Upon termination of the Agreement, except as set forth therein or herein, Company will discontinue Processing and, at Customer’s direction, destroy or return Customer Personal Data in its or its subcontractors’ and sub-processors’ possession without undue delay. Company may retain Customer Personal Data to the extent required by law but only to the extent and for such period as required by such law and always provided that Company shall ensure the confidentiality of all such Customer Personal Data. 3. Compliance. 3.1 Compliance with Obligations: Company, its employees, agents, subcontractors, and sub-processors (a) shall comply with the obligations of the U.S. Privacy Laws, (b) shall provide the level of privacy protection required by the U.S. Privacy Laws, and (c) shall provide Customer with all reasonably-requested assistance to enable Customer to fulfill its own obligations under the U.S. Privacy Laws. Upon the reasonable request of Customer, Company shall make available to Customer all information in Company’s possession necessary to demonstrate Company’s compliance with this subsection. 3.2 Compliance Assurance: Customer has the right to take reasonable and appropriate steps to ensure that Company uses Customer Personal Data consistent with Customer’s obligations under applicable U.S. Privacy Laws. 3.3 Compliance Monitoring: Company shall arrange for a qualified and independent assessor to conduct an assessment, at least annually and at the Company's expense, of Company's policies and technical and organizational measures in support of the obligations under this U.S. DPA using an appropriate and accepted control standard or framework and assessment procedure for such assessments. Company shall provide a report of such assessment to Customer upon request. 3.4 Compliance Remediation: Company shall promptly notify Customer if it determines that it can no longer meet its obligations under applicable U.S. Privacy Laws. Upon receiving notice from Company in accordance with this subsection, Customer may direct Company to take reasonable and appropriate steps to stop and remediate unauthorized use of Customer Personal Data. 3.15 Security: The Parties shall implement and maintain no less than commercially reasonable security procedures and practices, appropriate to the nature of the information, to protect Customer Personal Data from unauthorized access, destruction, use, modification, or disclosure. See the technical and organizational measures identified for the purposes of Annex II of the SCCs, above, for additional details. 4. Restrictions on Processing. 4.1 Limitations on Processing: Company will Process Customer Personal Data solely as instructed in the Agreement and this U.S. DPA. Except as expressly permitted by the U.S. Privacy Laws, Company is prohibited from (i) Selling or Sharing Customer Personal Data except on Customer’s behalf as instructed by Customer, (ii) retaining, using, or disclosing Customer Personal Data for any purpose other than for the specific purpose of performing the services specified in Appendix A, (iii) retaining, using, or disclosing Customer Personal Data outside of the direct business relationship between the Parties, and (iv) combining Customer Personal Data with Personal Data obtained from, or on behalf of, sources other than Customer. 4.2 Confidentiality: Company shall ensure that its employees, agents, subcontractors, and sub-processors are subject to a duty of confidentiality with respect to Customer Personal Data. 4.3 Subcontractors; Sub-processors: Company’s current subcontractors and sub-processors are set forth in Appendix B. Company shall notify Customer of any intended changes concerning the addition or replacement of subcontractors or sub-processors. Further, Company shall ensure that Company’s subcontractors or sub-processors who Process Customer Personal Data on Company’s behalf agree in writing to the same or equivalent restrictions and requirements that apply to Company in this U.S. DPA and the Agreement with respect to Customer Personal Data, as well as to comply with the applicable U.S. Privacy Laws. 4.4 Right to Object: Customer may object in writing to Company’s appointment of a new subcontractor or sub-processor on reasonable grounds by notifying Company in writing within 30 calendar days of receipt of notice in accordance with Section 4.3. In the event Customer objects, the Parties shall discuss Customer’s concerns in good faith with a view to achieving a commercially reasonable resolution. 5. Sharing of Data for Cross-Context Behavioral Advertising 5.1 The Parties acknowledge and agree that when Company provides Customer with access to tools that allow Customer to disclose Customer Personal Data to third parties, Customer is solely responsible for determining whether and what Customer Personal Data to disclose to the third party and for ensuring that Customer complies with its obligations under the U.S. Privacy Laws in connection with such disclosures. Without limiting the foregoing, Customer shall be solely responsible for providing Consumers with any opt-outs required under the U.S. Privacy Laws for such disclosures and for ensuring that Customer and the third party have entered into any necessary agreements required under the U.S. Privacy Laws for such disclosures. 6. Consumer Rights. 6.1 Company shall provide commercially reasonable assistance to Customer for the fulfillment of Customer’s obligations to respond to U.S. Privacy Law-related Consumer rights requests regarding Customer Personal Data. 6.2 Where applicable, Customer shall inform Company of any Consumer request made pursuant to the U.S. Privacy Laws that they must comply with. Customer shall provide Company with the information necessary for Company to comply with the request. 7. Deidentified Information. In the event that either Party discloses or makes available Deidentified data (as such term is defined in the U.S. Privacy Laws) to the other Party, the receiving Party shall: (i) take reasonable measures to ensure that the data cannot be associated with a Consumer or household; (ii) publicly commit to maintain and use the data in Deidentified form and not to attempt to reidentify the data, except as permitted by applicable U.S. Privacy Laws; and (iii) contractually obligate any recipients of the data to comply with all provisions of this paragraph. 8. Exemptions. Notwithstanding any provision to the contrary in the Agreement or this U.S. DPA, the terms of this U.S. DPA shall not apply to Company’s Processing of Customer Personal Data that is exempt from applicable U.S. Privacy Laws. 9. Changes to Applicable Privacy Laws. The Parties agree to cooperate in good faith to enter into additional terms to address any modifications, amendments, or updates to applicable statutes, regulations or other laws pertaining to privacy and information security, including, where applicable, the U.S. Privacy Laws. Appendix A - Processing Details Nature of the Processing: Analysis of app/end user behavioral data provided by Customer to Company Purpose(s) of the Processing: Supporting Customer in measuring the effectiveness of Customer’s online advertising campaigns Categories of data subjects: Customer’s app/end users Types of Customer Personal Data Subject to Processing: Which Personal Data Company specifically processes on behalf of Customer depends on Customer’s SDK and Dashboard settings. In general, Adjust processes the following Personal Data: IP addresses device IDs including all advertising IDs HTTP Header user agent (country, language, local settings, (version of the) operating system) and app-version device and app/web activity information (last session, in-app purchases etc.) An overview of all data points that Company can potentially process on behalf Customer can be found here: https://help.adjust.com/en/marketer/placeholders Customer shall be prohibited from using the services for processing any Personal Data other than the Personal Data listed above, including, but not limited to the app/end user’s name or contact details and any information defined as special categories of data under Art. 9 GDPR (Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation) or sensitive personal information or sensitive data under U.S. Privacy Laws. Sensitive data transferred: not applicable Frequency: continuous basis Duration of Processing and data retention: determined by the Agreement Appendix B – Sub-processor Details To support delivery of Company’s services, Company may engage and use third parties as sub-processors to Process certain Customer Personal Data. This Appendix B provides information about the identity, location, and role of each sub-processor. Entity Name: Adjust GmbH Location of Processing: Berlin, Germany Role: Affiliate Entity Name: Leaseweb Germany GmbH Location of Processing: Frankfurt am Main, Germany Role: Server Host Entity Name: Leaseweb Netherlands B.V. Location of Processing: Amsterdam, Netherlands Role: Server Host Entity Name: Leaseweb USA, Inc. 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