EU Data Act Addendum
Last Updated: September 12, 2025
This EU Data Act Addendum (“Addendum”) supplements and is incorporated into AppsFlyer’s Master Services Agreement available at: https://www.appsflyer.com/legal/msa/ or if another definitive agreement (e.g. SaaS Agreement, Service Agreement etc.) has already been executed by AppsFlyer and the Customer, then such agreement (the “Agreement”). To the extent of any conflict between this Addendum and the Agreement, this Addendum will govern. Capitalized terms not defined herein have the meanings given in the Agreement.
- Scope and Application
This Addendum will apply to the extent the Customer’s use of the Services is subject to Regulation (EU) 2023/2854 of the European Parliament and of the Council, dated 13 December 2023, concerning harmonized rules on fair access to and use of data (“EU Data Act”). This Addendum addresses the rights of such Customers to switch service providers and delete its data in accordance with the EU Data Act.
- Switching, Portability and Deletion Rights
- Switching Request. A Customer whose use of the Services falls within the scope of the EU Data Act may submit a written request to AppsFlyer to: (a) switch from the Services and migrate its Customer Data to a third-party service provider or to its own on-premise infrastructure (a “Switching Request”); and/or (b) delete its Customer Data from the Services (a “Deletion Request”). A Switching Request must be made by completing this EU Data Act - Switching/Deletion Request Form (the “Request Form”). A notice period of two (2) months (the “Notice Period”) will begin as of AppsFlyer’s receipt of a valid Switching Request.
- Transition Period. Following receipt of a valid Switching Request, and during the Transition Period, AppsFlyer will:
- enable the Customer’s Switching Request in accordance with the EU Data Act;
- provide commercially reasonable assistance and instructions to the Customer to effect the export of Customer Data during a “Transition Period” not to exceed thirty (30) calendar days after the end of the Notice Period, unless AppsFlyer determines, at its reasonable discretion, that a longer period is reasonably required for technical reasons and notifies the Customer within fourteen (14) business days of receiving the Switching Request, stating the reasons and proposing an extended transition period (which shall not exceed seven (7) months from the end of the Notice Period); and
- inform the Customer of any known risks to continuity that arise due to the switching process.
- Customer Data Export. Customer is responsible for executing the export of its Customer Data. AppsFlyer's obligation is limited to providing access to Customer Data in AppsFlyer's standard export formats and providing instructions via its Documentation to enable and facilitate export of Customer Data.
- Deletion Request. The Customer may submit a Deletion Request via the Request Form. Upon receipt of a valid Deletion Request, AppsFlyer will delete the Customer Data in accordance with applicable law and AppsFlyer’s data deletion procedures, as described in the Agreement and Documentation.
- Rejection of Requests. AppsFlyer may, at its sole discretion, reject any incomplete or improperly submitted Switching Request or Deletion Request, and in such cases shall notify the Customer of the reason for the rejection and, where applicable, allow the Customer to resubmit a corrected request.
- Effective Termination Date. In case of a Switching Request, the Agreement (or Order Form(s)) will terminate on the date the Customer notifies AppsFlyer in writing that the export of its Customer Data is complete, or, if no notification is given, at the end of the Transition Period. In case of a Deletion Request, the termination will occur two
(2) months after AppsFlyer’s receipt of a valid Deletion Request or such other period mutually agreed by the parties.
- Fees, Commitments and Early Termination
Notwithstanding any Switching Request and/or Deletion Request under this Addendum, the Customer remains obligated to pay all fees due under the Agreement and applicable Order Form(s) for the full Subscription Package Term. Early termination does not relieve the Customer of its payment obligations for the remainder of the Subscription Package Term. It is clarified that the fees agreed upon in the Order Form constitute contractual commitments under the Agreement, and not “switching charges” under the EU Data Act. As required by the EU Data Act, AppsFlyer will not impose switching charges during the Transition Period. AppsFlyer may recover reasonable costs that are directly incurred in facilitating the Switching Request and/or Deletion Request to the extent permitted by law.
- Security, Support, and Interoperability
- Until the Effective Termination Date, AppsFlyer will maintain provision of the Services and will use commercially reasonable efforts to keep business continuity, confidentiality and security of the Customer Data in accordance with the Agreement.
- AppsFlyer will not impose technical, contractual or organisational barriers intended to hinder lawful switching, accessing, or exporting of Customer Data by the Customer, except to the extent required to protect legitimate security, intellectual property, or service continuity interests, as reasonably determined by AppsFlyer.
- AppsFlyer will use commercially reasonable efforts to document and make available the APIs, data formats, export mechanisms, or other technical interfaces that
facilitate interoperability and data portability in accordance with applicable requirements under the EU Data Act.
- Exclusions
The right to submit Switching Requests or Deletion Requests will not apply to: (a) Services designated as alpha, beta, pilot, limited release, developer preview, non-production, evaluation, or similar pre-release designation; or (b) Services provided for a limited testing or evaluation period.
- Indemnification
Customer shall defend, indemnify, and hold harmless AppsFlyer (and its Affiliates, officers, directors and employees) from and against any and all direct damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which AppsFlyer may suffer or incur in connection with any claim, demand, action, or other proceeding by any third party arising from Customer's Switching Request and/or Deletion Request.
- Limitation of Liability
The limitations of liability set forth in the Agreement shall apply to any claims arising from or related to a Switching Request and/or a Deletion Request. Notwithstanding anything to the contrary under the Agreement, AppsFlyer shall not be liable for any direct or indirect damages, costs, or losses incurred by the Customer arising from or in connection with a Switching Request and/or a Deletion Request, including, but not limited to, data loss, integrity, compatibility issues, downtime, migration risk or any other disruptions or failures that may occur as a result of a Switching Request and/or a Deletion Request. AppsFlyer shall not be liable for issues arising from Customer's execution of the migration, use of third-party services, or Customer's actions or omissions in relation to this Addendum. AppsFlyer disclaims all warranties regarding compatibility of exported data with third-party systems.
- General Terms
- Each party agrees to cooperate in good faith with the other party in order to implement its respective rights and obligations under the EU Data Act, and to act reasonably in respect of timing, assistance, and execution of requests under the EU Data Act.
- The provisions of this Addendum survive termination of the Agreement solely to the extent necessary to fulfil obligations under the EU Data Act or for purposes of completing a Switching Request and/or a Deletion Request.