EU Data Act Addendum

Effective: September 30, 2025

This EU Data Act Addendum (“Addendum”) is incorporated into and forms part of the Main Service Agreement between Customer and Amplitude (“Agreement”), which governs Customer’s use of the Services. To the extent that there is any conflict between the terms of this Addendum and any other terms of the Agreement, this Addendum will prevail. Capitalized terms used but not defined herein shall have the meaning given to such terms in the Agreement.

This Addendum will apply to the extent Customer is subject to Regulation (EU) 2023/2854 (the “EU Data Act”).

This Addendum is intended to provide contractual terms relating to switching of data processing services and portability of Customer Data in accordance with Article 25 of the EU Data Act.

2.1 – Notice. Customer may notify Amplitude, with at least two (2) months’ written notice (“Notice Period”), of its decision to terminate the Amplitude Services pursuant to Article 25 of the EU Data Act.

2.2 – Transition Period. Upon written request by Customer following termination or expiration of the Agreement, Amplitude will provide Customer with continued access to the Amplitude Services for a reasonable transition period, not to exceed thirty (30) days following termination or expiration of the Agreement (“Transition Period”), solely for the purpose of enabling Customer to retrieve its Customer Data.

2.3 – Export Tools. During the Transition Period, Amplitude will make available to Customer commercially reasonable tools or APIs to export Customer Data in a commonly used, machine-readable format.

2.4 – No Switching Charges. In accordance with the EU Data Act, Amplitude will not impose any additional fees or charges for the export or retrieval of Customer Data during the Transition Period, other than, where applicable, any reasonable costs incurred by Amplitude that are directly linked to providing such support, where permitted by law.

3.1 – Subscription Commitments. For clarity, nothing in this Addendum waives or limits Customer’s obligation to pay all fees due under the Agreement, any Order Form or any SOW for the full subscription term of such Agreement.

3.2 – Early Termination. If Customer elects to terminate the Agreement, any Order Form or any SOW prior to the end of the subscription term of such agreement, Customer acknowledges and agrees that (a) under no circumstances will such termination entitle Customer to a refund of any of the fees previously paid under the terminated Agreement, Order Form and/or SOW (as applicable), and (b) if applicable, Customer shall pay all remaining unpaid fees due and owed under the terminated Agreement, Order Form and/or SOW (as applicable) pursuant to the Agreement. Such amounts are separate from and not considered “switching charges” under the EU Data Act.

The security measures described in the Agreement shall apply throughout the Transition Period. Nothing in this Addendum reduces the security measures and commitments agreed in the Agreement.

The parties acknowledge that this Addendum reflects mutual consideration and negotiations, and that the terms and conditions contained herein are fair and reasonable. Specifically, Customer understands that a key factor in determining the fees owed under any Order Form is the mutually agreed length of the Order Form. The Customer confirms it has no present intention to depart or deviate from the agreed commercial structure set forth in any Order Form, including fees and subscription term, and both parties agree to act in good faith and to cooperate with the other to give full effect to the commercial intent of this Addendum, the Order Form and the Agreement.

6.1 – Amplitude will not use technical, contractual, or organizational measures to prevent or hinder Customer’s ability to port or access Customer Data during the Transition Period, except as necessary to protect Amplitude’s legitimate security interests or as required by law.

6.2 – Amplitude will use commercially reasonable efforts to support interoperability of the Amplitude Services with other data processing services, including providing documentation of available APIs and formats, consistent with the EU Data Act.

7.1 – Following the end of the Transition Period (or another later period agreed by the parties), Amplitude will promptly destroy all Customer Data stored within the Amplitude Services (including on all Subprocessor systems), except to the extent Applicable Law or other law requires storage of the Customer Data or retention of the Customer Data by Amplitude is necessary to resolve a dispute between the parties.

7.2 – In the event of such legally required retention of the Customer Data, (a) Amplitude will inform Customer of such retention as soon as legally permitted, (b) Amplitude will retain only Customer Data that it is legally required to retain and will retain it only as long as is legally required, (c) during the retention period, Amplitude will continue to comply with the Agreement with respect to the Customer Data, to the extent legally permitted, and (d) Amplitude will destroy the Customer Data and inform Customer of such destruction as soon as legally permissible.

8.1 – To the extent legally permitted, Amplitude will notify Customer without undue delay if it receives a legally binding request for disclosure of or access to Customer Data from a public authority (including judicial or administrative authorities, or national security or intelligence agencies) or becomes aware of any direct access by a public authority to Customer Data. Amplitude will work with Customer and provide reasonable cooperation and assistance to respond to the request.

8.2 – If Amplitude is prohibited by applicable law or regulation from notifying Customer or disclosing the details of a public authority request to Customer, Amplitude will use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. Amplitude will use all reasonably available legal mechanisms to challenge any binding legal requests for disclosure of or access to Customer Data made by any public authority that it receives, as well as any non-disclosure provisions attached to any such request. Amplitude will provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.

Customer may, in its sole discretion, elect to host Customer Data in Amplitude’s data center in the United States or Amplitude’s data center in the European Union.

Nothing in the Agreement or this Addendum shall be construed to restrict Customer’s rights under the EU Data Act to access, port, or share Customer Data, subject to the limitations and conditions set forth in the EU Data Act.