AppLovin Legal Information

U.S. Multistate Privacy Notice Revision – March 30, 2025


Content

Effective Date: March 30, 2025

Introduction

This U.S. Multistate Privacy Notice (the “Notice”) supplements the information contained in our Privacy Policy and applies only to individual residents (the “Covered Individual Residents”) of the U.S. states that have enacted comprehensive consumer privacy laws, including the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act (“CCPA”), the Colorado Privacy Act, the Connecticut Data Privacy Act, the Virginia Consumer Data Protection Act, the Utah Consumer Privacy Act, and each of their associated regulations, as well as similar consumer privacy laws that may be enacted in the future (collectively, the “Applicable Laws”).  

This Notice addresses the specific disclosure requirements under the Applicable Laws and provides additional information about how we collect, use, share, and otherwise process Covered Individual Residents’ personal information, the rights of Covered Individual Residents in relation to that personal information, and the ways to exercise those rights.  You can find more information and details about AppLovin and our personal information collection and use practices in our Privacy Policy. Unless otherwise indicated, all terms in this Notice have the same meanings as defined in our Privacy Policy or as otherwise defined under the Applicable Laws.

Collection, Use, and Disclosure of Personal Information

As explained in our Privacy Policy, consumers interact with us in a few ways, primarily through advertisements served by AppLovin on behalf of advertisers.   We may collect information about you when you use a mobile application, platform, or service that contains the AppLovin SDK, when you interact with e-commerce platforms or merchant websites that embed our pixel, API, or similar technologies, when you interact with our advertising platform in another way, or when your visit our corporate website at www.applovin.com.  We encourage you to review the privacy policies of the mobile apps, websites, and platforms you interact with, which may contain additional information regarding their sharing of personal information with AppLovin or other parties.  

The chart below summarizes the categories of personal information we collect, the sources of the personal information collected, the business purposes for our collection, and the categories of third parties with whom we “disclose” or “share” personal information.  The chart describes our practices, both current and during the last 12 months.   

Category of Personal Information Collected Source(s) of Personal Information Business Purpose(s) for Collection Third Parties — Disclosure for a Business Purpose
Identifiers, such as IP address and Advertising IDs (IDFA/GAID/Amazon FOSAID) if available. • You or your device(s)
• Publishers
• Advertising Partners
• Affiliates
• Service Delivery
• Delivery of Advertisements
• Technical Support
• Customer Support
• Processing Payments
• Analytics
• Business Research & Development
• Marketing & Promotions
• Platform Protection & Fraud Prevention
• Compliance with Legal Obligations
• Service Providers
• Affiliates
• Online identifiers with Advertising Partners (shared for personalized advertisements)
• Your Specified Recipient(s)
• Government Entities/Law Enforcement
Additional Customer Records, such as bank account number or other financial information • You (only for business users) • Service Delivery
• Technical Support
• Customer Support
• Processing Payments
• Platform Protection
• Compliance with Legal Obligations
• Service Providers
• Affiliates
• Your Specified Recipient(s)
Characteristics of Protected Classifications, such as age or gender • Publishers Certain publishers may choose to share this information for purposes of their own direct ad serving. We do not retain this data or pass it downstream to advertising partners. N/A
Sensitive Personal Information, such as social security numbers, precise geolocation, or genetic and biometric data* • AppLovin does not collect or seek to elicit end users’ “sensitive personal information” as defined by the Applicable Laws N/A N/A
Commercial Information, such as records of services considered or other purchasing or consuming histories or tendencies • You or your device(s)
• Publishers
• Service Delivery
• Delivery of Advertisements
• Analytics
• Business Research & Development
• Platform Protection & Fraud Prevention
• Compliance with Legal Obligations
• Service Providers
• Affiliates
• Your Specified Recipient(s)
Internet or Network Information, such as information regarding interactions with a website, application, or advertisement, or online shopping browser history • You or your device(s)
• Service Providers
• Publishers
• Service Delivery
• Delivery of Advertisements
• Analytics
• Business Research & Development
• Platform Protection & Fraud Prevention
• Compliance with Legal Obligations
• Service Providers
• Affiliates
• Advertising Partners (shared for personalized advertisements)
• Your Specified Recipient(s)
Geolocation Data, such as city or county-level geolocation information N/A** N/A N/A
Inferences, such as the derivation of information, data, or assumptions from the categories of personal information included above • You or your device(s)
• Publishers
• Advertising Partners
• Affiliates
• Service Providers
• Service Delivery
• Delivery of Advertisements
• Analytics
• Business Research & Development
• Platform Protection & Fraud Prevention
• Compliance with Legal Obligations
• Service Providers
• Affiliates

*AppLovin does not collect or seek to elicit end users’ “sensitive personal information” as defined by the Applicable Laws.  This means that AppLovin does not collect social security numbers, drivers’ licenses, financial account or credit card numbers (except as provided by our business customers to us for payment processing purposes), precise geolocation, racial and ethnic characteristics, religious and philosophical beliefs, union membership, the contents of messages (mail, email, or text), mental or physical health condition or diagnosis, sex life or sexual orientation, genetic and biometric data, or personal data from a known child.
**As of June 2024, the AppLovin SDK no longer collects geolocation data.

Selling or Sharing of Personal Information

AppLovin does not “sell” information as most people would commonly understand that term; AppLovin does not, and will not, disclose your personal information in direct exchange for money or some other form of payment.  However, AppLovin may “share” personal information about you for purposes of serving you with personalized ads or content, otherwise known as “interest-based advertising” or “cross-context behavioral advertising.”  Under the CCPA and similar state laws’ expansive definition of “sell,” certain advertising and analytics activities may constitute a sale.  For example:

  • When you use a mobile application, the publisher of that application may decide to serve you with interest-based ads.  If that application embeds AppLovin’s software, we’ll send a bid request that contains certain of your device information (if available) to our advertising demand side partners to enable their ads to be served to you based on your interests (which they derive from their own or other third-party advertising partners). Under the CCPA, passing device data in a bid request to our demand side partners is “sharing” under the CCPA and may be a “sale” of personal information.

The chart included above sets forth the categories of third parties with whom we have “shared” personal information within the last 12 months.  

Data Retention

As explained in our Privacy Policy, we retain the categories of personal information included in the chart above for up to 2 years.

Your Privacy Rights

As a Covered Individual Resident, you may be able to exercise the following rights in relation to the personal information that we may have collected about you, subject to certain limitations and requirements, including the verification of your identity and our right to retain information to comply with our legal obligations, among other circumstances.

Privacy Right Brief Details
Know and Access your Personal Information You may request, up to two times in a 12-month period, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your personal information has been collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information about you that we sold or shared, the categories of third-parties with whom we have shared your personal information, and the business or commercial purpose for selling your personal information, if applicable.
Request Deletion of your Personal Information You have the right to request that we delete certain personal information that we may have collected from you.
Opt-Out of the “Sale” or “Sharing” of your Personal Information AppLovin may “share” personal information about you for purposes of serving you with personalized ads or content, otherwise known as “interest-based advertising,” “targeted advertising,” or “cross-context behavioral advertising.”

You have the right to opt-out of any future “sales” or “sharing” of your personal information as defined by the Applicable Laws (and as explained below).
Non-Discrimination You have the right to exercise the rights conferred on you by the Applicable Laws without discrimination.
Data Portability You have the right to request that we transmit certain personal information that we may have collected from you to other entities, unless transmitting the information would not be technically feasible.
Correct Inaccurate Information You have the right to request that we correct errors or inaccurate information in the personal information that we may have collected from you.
Opt-Out of Sharing for Cross-Contextual Behavioral Advertising You have the right to opt-out of the “sharing” of your personal information for “cross-contextual behavioral advertising,” often referred to as “interest-based advertising” or “targeted advertising.”
Limit the Use or Disclosure of Sensitive Personal Information In certain circumstances, you have the right to limit the use of any sensitive categories of personal information. As noted above, AppLovin does not collect or seek to elicit sensitive categories of personal information.
Opt-Out of the Use of Automated Decision Making In certain circumstances, you have the right to opt-out of the use of automated decision making in relation to your personal information.

How to Exercise Your Privacy Rights

To exercise your rights to know and access your personal information or to request deletion of your personal information, you have the following options (listed according to the types of interaction you may have with AppLovin):

For Users of Mobile Games and/or Other Applications, Platforms, or Services Containing the AppLovin SDK or Similar Technologies

  • To manage the personal information that AppLovin may have about you from the mobile games and/or other applications, platforms, or services that you use, you may download the AppLovin Privacy Management Application from the Apple or Google Play Stores:
App Store
Google Play

By navigating through the tabs in the AppLovin Privacy Management Application, you can erase the personal information that AppLovin may have collected about you or request a copy of that personal information.

To exercise your right to opt-out of interest-based advertising, you have the following options:

  • Opt-Out through AppLovin Ads.  AppLovin allows you to opt-out of all interest-based advertising served by AppLovin through the “i” or “Learn more about ad preferences” link available on the face of an ad served by AppLovin.  Once you click on the link, you will see a button to “Opt-Out of Interest-Based Advertising.”
  • Opt-Out through Device-Level Choices.  In addition, if you do not want to receive interest-based advertisements, you can limit the collection of certain information through your device’s settings.  Detailed instructions on how to change these device settings can be found in the “Manage Your Privacy Choices” section of our Privacy Policy and in the instructions available here.
  • Opt-Out through Industry Consumer-Choice Platforms.  Finally, you can make choices about data collection for certain companies by visiting an industry consumer-choice platform, such as the NAI or DAA.

Please know that opting out of targeted advertising does not mean that you will not receive advertising.  Please know that opting out of interest-based advertising does not mean that you will not receive advertising.  You may still receive ads, but those ads may be less relevant to your interests.  

To exercise any other rights that you may have under applicable law, or if you have any questions regarding any response to your request, please contact our Data Protection Officer using the information in the “Contact Us” section of our Privacy Policy

For Our Website Visitors

  • To opt-out of the automated collection of your personal information by certain cookies or other data collection technologies through our website, you can click “Cookie Settings” in the footer of our website.  In addition, you may follow the steps outlined in the “Cookies and Other Similar Technology” and “Your Advertising/Marketing Choices” sections of our Privacy Policy. To access or manage information that you have manually submitted to us, please contact our Data Protection Officer using the information in the “Contact Us” section of our Privacy Policy.

For Our Customers and Business Contacts

  • Please contact our Data Protection Officer using the information in the “Contact Us” section of our Privacy Policy.  Please provide enough information about you and your request for our Data Protection Officer to be able to identify your information in our records.

*    *    *    *

Please note that requesting to exercise your rights through us will not bear on the personal information processed about you by our third-party partners and customers, including the Publishers that have the AppLovin SDK embedded in their mobile games and/or other applications, platforms, or services.  If you wish to exercise your rights with respect to these third parties, please submit a request with each party directly.

Children Under the Age of 16

As explained in our Privacy Policy, AppLovin does not knowingly collect personal information from, or serve advertisements to, children as defined and required by applicable laws.  If you believe we have served an advertisement to a child or might have any personal information from or about a child, or if you believe a mobile application in which an AppLovin-served advertisement appeared may be designed for, directed to, or pass personal information knowingly from, children, please contact us via email at [email protected].

Appointment of an Authorized Agent

In certain circumstances, you may appoint an authorized agent to exercise any rights that you may have on your behalf.  If you choose to exercise any rights through an authorized agent, you will need to verify your identity directly with us before we can process any requests.  In addition, we will need written documentation demonstrating the authorized agent’s authority to act on your behalf.

Data Access and Deletion Transparency Report

Our annual transparency report shows the number of data access and deletion requests we received last year and how long it typically takes us to fulfill those requests.

Type of Request Requests Completed* Average Time to Substantively Respond
Requests to Know and Access
3081 Less than 1 day (successful requests processed automatically)
Requests for Deletions
26830 Less than 1 day (successful requests processed automatically)

*The Data Access and Deletion Transparency Report includes data for US-based users, who submitted requests via the AppLovin Privacy Management App.  The AppLovin Privacy Management Application processes all requests automatically, except where the requests cannot be verified.

Updates or Amendments to this Notice

As explained in our Privacy Policy, we may make changes to this Notice from time to time.  If we make any changes, we will update the “Effective Date” posted at the top of this Notice.  We encourage you to review this Notice periodically.

How to Contact Us

You can find our contact information in the “Contact Us” section of our Privacy Policy.

AppLovin Legal Information

Privacy Policy Revision – March 30, 2025


Content

Effective Date: March 30, 2025

AppLovin Corporation (“we,” “us,” “our,” or “AppLovin”) operates a suite of tools for app developers and other businesses to automate and optimize the marketing and monetization of their platforms, products, or services by enabling the placement of different types of advertisements on digital properties including mobile apps, websites, and connected TV devices (collectively, the “Advertising Services” or “Services”).  As explained below, consumers interact with us in a few ways, primarily through advertisements served by AppLovin on behalf of advertisers.

The AppLovin Privacy Policy (this “Privacy Policy”) explains how we collect, use, and share information through our Services and advertising platform, and our corporate website at www.applovin.com (the “Website”), as well as your choices related to that information.

Our Advertising Services

This section describes the information we collect, use, and share through our Advertising Services.

General Information Collection and Use

If you are a consumer who downloads and uses an application which contains the AppLovin SDK or otherwise interacts with the Services through advertisements served within a digital property, we may collect certain information, including the following:

Device, App, and Browser Data

  • Device make, model, and operating system;
  • Device properties related to screen size, orientation, audio, battery, device memory usage, settings, and boot time;
  • Device settings related to accessibility features, font size, and theme; 
  • Carrier;
  • Name and properties of mobile application through which a consumer interacts with the Services;
  • Country, time zone, and locale settings (country and preferred language);
  • Network connection type and speed;
  • IP Address;
  • Internet browser user-agent used to access the Services;
  • HTTP header information;
  • Advertising IDs (IDFA/GAID/Amazon FOSAID);
  • Vendor IDs (IDFV);
  • App Set IDs; and
  • Advertising and tracking preferences and restrictions.

Advertisers (through the advertiser itself or through a third party service provider on behalf of such advertiser) may also share transactional or “event” data related to a consumer’s interaction with an application, such as information about the actions taken in an application like purchases or application installations.

Information Collection and Use Specific to e-Commerce Ads Only

If you are a consumer who interacts with the Services through an e-commerce platform or a merchant website, we may collect certain additional information (that you provided to the e-commerce platform or merchant, through a third party’s API, our SDK, pixel, or other similar technologies), including the following:

  • User IDs;
  • Shopping browsing behavior (e.g., views) and search history;
  • Records of products purchased or considered (e.g., added to cart, check out);
  • Purchasing histories; and
  • Information regarding user interactions with advertising partners and their merchant partners’ sites and advertisements.

How We Collect Your Information

This information may be collected automatically across mobile apps and devices or received from third-parties across different technologies over time. We may also combine information we collect with other information we derive through analytical techniques, and we will use that combined information to offer the Services. 

How We Use Your Information

We generally use the information we collect to:

  • Deliver the Services, maintain, and improve them, including our AI-powered advertising technology, and research and develop new ones;
  • Promote safety, security, and integrity of Services;
  • Provide measurement, analytics, and reporting; and
  • Comply with legal and regulatory obligations.

We use AI-powered advertising technology (sometimes referred to as “automated decision-making”) to help us improve our advertising products and Services and serve ads that are relevant and interesting to you. We use it in ways that do not produce legal or similarly significant effects on you (for example, by reordering how advertisements might appear when you visit a digital property such as a mobile app or a website).

Information Sharing

We may share information we collect or derive with third parties in the following contexts:

  • Service Providers. We transfer information to service providers, and other partners who support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of ads and services, providing customer service, or facilitating payments. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Privacy Policy and the agreements we enter into with them.
  • Affiliates. We may share information within the AppLovin family of companies for purposes consistent with this Privacy Policy.
  • Advertising Partners. We share information with our third-party advertising partners, including advertisers, ad networks, exchanges, demand side platforms, merchants, other advertising partners (who aggregate their own demand sources), and ad optimization and measurement/attribution partners (e.g., mobile measurement partners or “MMPs”) to provide our clients with Advertising Services. This information may be used by such third-party partners to measure how effective ads are, show advertisements to end users for products and services that are more likely to appeal to them (a practice known as interest-based advertising or behavioral advertising), and to undertake web analytics to analyze traffic and other ad activity to improve the advertising experience.

    Unless otherwise noted in our partner list, each AppLovin advertising partner is an independent controller of your data. You can view a list of AppLovin advertising partners with whom we share your data here, current as of the date listed at the top of that page.

    If you do not want to receive interest-based advertisements, please see the “Manage Your Privacy Choices” section below. If you are located in the European Union, UK, or Switzerland, you may also see the “Additional Provisions for EU/UK/Swiss Individuals” section below for more options. If you are an individual resident of the U.S. states that have enacted comprehensive consumer privacy laws, you may also review the “U.S. Multistate Privacy Notice” section below for more options.

    Please note that the practices of our third-party advertising partners delivering advertisements through our Services are subject to those partners’ own privacy policies.
  • Regulatory or Legal Requirements. We may disclose information to governmental regulatory authorities as required by law, including for tax or accounting purposes, in response to their requests for such information or to assist in investigations. We may also disclose personal information to third parties in connection with claims, disputes, or litigation, when otherwise required by law or court order.
  • Safety and Terms Enforcement. We may disclose information if we determine, in our sole discretion, that its disclosure is necessary to protect the health, safety, or rights of you or any other person, protect against fraud, or enforce our legal rights, including contractual commitments made to us by third parties.
  • Business Transfers. We may disclose personal information as part of an organizational business transaction, such as a merger, acquisition, joint venture, financing, or sale of organizational assets and may transfer personal information to a third party as one of the business assets in such a transaction. We may also disclose personal information in the event of insolvency, bankruptcy, or receivership.

Manage Your Privacy Choices:

To limit collection of information from mobile devices, please visit your device’s settings to set the “Limit Ad Track” or other similar features on your device. Additionally, you may opt-out of interest-based advertising within ads served by AppLovin. For detailed instructions, see How AppLovin Shows You Ads. You can also make choices about data collection for certain companies by visiting an industry consumer choice platform such as the NAI (https://optout.networkadvertising.org/) or DAA (https://optout.aboutads.info/).  You may still receive ads after limiting processing of information for interest-based advertising, but those ads may be less relevant to your interests. 

To see or manage the data collected by AppLovin from your device, you may download the AppLovin Privacy Management Application from the Apple or Google Play Stores:

App Store
Google Play

By navigating through the tabs in the AppLovin Privacy Management Application, you can erase the personal information that AppLovin may have collected about you or request a copy of that personal information.

Children’s Privacy

We do not knowingly collect personal information from, or serve advertisements to, children as defined and required by applicable laws. If you believe we have served an advertisement to a child or might have any personal information from or about a child, or if you believe a mobile application in which an AppLovin-served advertisement appeared may be designed for, directed to, or pass personal information knowingly from, children in violation of our policies, please contact us via email at [email protected].

Data Security and Retention

We implement reasonable measures to help secure the information we collect through the Services. We retain the data we collect through the Services for up to 2 years. Information is automatically purged from our system if the Services do not receive any updated information for a device in the last 2 years. Note that we will retain information in our systems for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

[END OF ADVERTISING SERVICES-SPECIFIC PROVISIONS]

AppLovin

Our Website

This section describes the information we collect, use, and share through our Website.

Cookies and Other Similar Technology

The Website uses cookies, web beacons, or other similar technology to collect information for various purposes, including interest-based advertising. This information may include your IP address, device identifier, browser type, device type, the date and time of your visit, and the areas of the Website you visit. To learn more about and manage the cookies on this Website, please click “Cookie Settings” in our Website footer. You may also be able to limit the use of cookies through your browser settings. Note that certain parts of the Website may not function properly without cookies. Additionally, you may still receive ads after limiting processing of information for interest-based advertising, but those ads may be less relevant to your interests. If you erase your cookies, reset your device identifier, or use different browsers or devices, you may need to make your choices again.

We partner with Google Analytics to learn more about how you use our Website. For more information about how Google Analytics works you can visit here. To opt-out of Google Analytics, you can visit here and follow the instructions.  

Additional Information Collection for Business Account Owners

When you register with AppLovin to use our Services, you may provide us with personal information such as your name, email address, phone number, mailing address, user name, and password. You may also provide us with payment information when you submit or receive a payment, or other information when you complete the online forms available on the Website. We may also acquire information from other trusted sources to update or supplement the information that you voluntarily provide to us or that we collect automatically.

How We Use Your Information

We may use the information we collect or you provide to us through the Website for various purposes, including:

  • To communicate with you, for example through newsletters or with other information about our products and services;
  • To operate and improve the Website and our Services;
  • To customize the Website;
  • For analytics and research;
  • For marketing purposes; and
  • For purposes disclosed at the time of collection.

Information Sharing

We may share information we collect through the Website in the following contexts:

  • With your consent;
  • For advertising and marketing purposes;
  • In response to a subpoena, court order, or other legal process;
  • To protect our rights and the rights of others;
  • With our affiliates;
  • With service providers that help us operate the Website and Services;
  • As part of a sale, merger, or acquisition, including at bankruptcy; and
  • For purposes disclosed at the time of collection.

Links to Other Websites

The Website may provide links to other websites or other digital properties that we do not control. We encourage you to review the privacy policy of those digital properties that you may visit.

Updating Information

You can update the personal information you provide to us by correcting, updating, or deleting the information associated with you via your AppLovin account. To add, modify, remove, or request access to the personal information about you that we hold, please see the “Contact Us” section below.

Your Marketing Choices

If you no longer wish to receive marketing-related emails from us on a going-forward basis, you may opt out of receiving these emails by clicking “Unsubscribe” at the bottom of any marketing email you receive from us or by emailing us at [email protected].

Children

Our Website is not intended for use by children as defined and required by applicable law. We do not knowingly collect personal information from children through the Website. If you believe we might have any personal information from or about a child, please contact us via email at [email protected].

Data Security and Retention

We have implemented reasonable physical, technical, and administrative security measures for the Website to help protect information we collect and store.

For detailed information regarding retention associated with cookies on the applovin.com domain, please click “Cookie Settings” in our Website footer to learn more. 

We retain other information such as customer contact and payment information in our systems for as long as necessary as permitted by law to comply with our legal obligations, resolve disputes, and enforce our agreements.

[END OF WEBSITE-SPECIFIC PROVISIONS]

AppLovin

Additional Provisions for EU/UK/Swiss Individuals

If you are located in the European Union, United Kingdom, or Switzerland, the following additional provisions apply to you.

Data Privacy Framework

AppLovin complies with the EU-U.S Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.

AppLovin has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.  AppLovin has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

If you are an EU, UK, or Swiss individual, where we transfer your personal data to third party servicer providers (see above) who perform services for us or on our behalf, we are responsible for the processing of that data by them and shall remain liable if they process your personal data in a manner inconsistent with the DPF Principles, unless we are not responsible for the event giving rise to the damage. 

With respect to personal data received or transferred pursuant to the Data Privacy Framework, AppLovin is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, AppLovin may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, AppLovin commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact AppLovin at [email protected]. AppLovin refers unresolved complaints to TRUSTe, an alternative dispute resolution provider based in the United States.  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint.  These dispute resolution services are provided at no cost to you.

For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.

Lawful Basis for Processing

On certain occasions, we process your personal data when it is necessary for the performance of a contract to which you are a party, such as to provide services to you. We may also process your personal data to respond to your inquiries concerning our products and services.

On other occasions, we process your personal data where required by law. We may also process your personal data if necessary to protect your interests or the interests of a third party.

Additionally, we process your personal data when necessary to do so for fraud prevention, improving our network and services, and marketing our services to advertisers and publishers, where these interests are not overridden by your data protection rights.

If the processing of your personal data is necessary, we will generally ensure that consent has been obtained from you if there is no other lawful basis for such processing. You have the right to withdraw your consent to processing of personal data at any time.

If personal data covered by this Privacy Policy is to be used for a new purpose that is materially different from that for which the personal data was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party in a manner not specified in this Privacy Policy, we will provide you with an opportunity to choose whether to have your personal data so used or disclosed. Requests to opt out of such uses or disclosures of personal data should be sent to us as specified in the “Contact” section below. Certain personal data, such as information about medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, is considered “Sensitive Information”. AppLovin does not collect or seek to elicit “Sensitive Information”.

For questions about data processing, please contact our Data Protection Officer. Visit the “Contact” section below for contact information.

Your Rights

If you are an individual in the EU, UK, or Switzerland, you are able:

  • To request access to the personal data we hold about you;
  • To request that we rectify or erase your personal data;
  • To request that we restrict or block the processing of your personal data;
  • Under certain circumstances, to receive personal data about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal data directly to another, i.e., a right to data portability; and
  • Where we previously obtained your consent, to withdraw consent to processing your personal data.

To exercise these rights, please contact us at the email address set forth in the “Contact Us” section below.  Our Data Protection Officer can also be reached at this email address.  Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.

In certain circumstances, you may appoint an authorized agent to exercise any rights that you may have on your behalf.  If you choose to exercise any rights through an authorized agent, you will need to verify your identity directly with us before we can process any requests.  In addition, we will need written documentation demonstrating the authorized agent’s authority to act on your behalf.

Additionally, you have the right to lodge a complaint against us. To do so, contact the supervisory authority in your country of residence.

EU and UK Privacy Representatives

We have appointed Prighter Group as our privacy representatives in the EU and UK.  You can contact us through our privacy representatives at the following addresses:

For residents of the EU:
PrighterGDPR-Rep by Maetzler Rechtsanwalts GmbH & Co KG
c/o AppLovin Corporation
Kriegerstraße 44
30161 Hannover
Germany

For residents of the UK:
PrighterUK-Rep by Prighter Ltd.
c/o AppLovin Corporation
20 Mortlake Mortlake High Street
London, SW14 8JN
United Kingdom

Additional information regarding our privacy representatives can be found at the following link: https://prighter.com/q/19826057144.

[END OF EU/UK/SWISS SPECIFIC PROVISIONS]

AppLovin

U.S. Multistate Privacy Notice

Additional provisions for individual residents of the U.S. states that have enacted comprehensive consumer privacy laws are included in our U.S. Multistate Privacy Notice, which explains how those residents may exercise their privacy rights.

AppLovin

Policy Changes

We may, in our sole discretion, make changes to this Privacy Policy from time to time in order to accommodate new technologies, industry practices, regulatory requirements, or for other purposes. If we make any changes, we will update the “Effective Date” posted at the top of this Privacy Policy. If we make any material changes, we may notify you by email (sent to the email address specified in your account) or by means of a notice on the Website prior to the change becoming effective. We encourage you to review this Privacy Policy periodically to ensure that you understand how we collect, use, and share information.

Any changes to this Privacy Policy will become effective when the revised Privacy Policy is posted on the Website. By continuing to use the Website or Advertising Services following such changes, you are agreeing to accept the terms of the revised Privacy Policy.

Contact Us

If you have any questions or comments about this Privacy Policy, please write to us at:

Data Protection Officer
AppLovin Corporation
1100 Page Mill Road
Palo Alto, CA 94304

You can also contact us or our Data Protection Officer via email at [email protected].

Please be sure to include your relevant account information in any correspondence to us.  This will help ensure that we can respond to your inquiry in a timely manner.

If you have a customer care issue, please visit AppLovin Support.

AppLovin Legal Information

Prohibited Content: Misleading or Deceptive Content Revision – March 27, 2025


Content

Prohibited Content Category: 
Content that makes misleading, deceptive, or unrealistic claims, unreliable or harmful claims, or enables dishonest behavior.  This includes things like make-money-fast schemes, chain letters, or pyramid schemes, or products or services that help users mislead others or gain unauthorized access to systems, devices, or property.

Additional Guidelines: 

Content cannot include:

  • Misleading, Deceptive, or Fraudulent Claims or Practices: Content that misrepresents or conceals information about the content or publisher; makes or promotes unreliable or harmful claims; entices users to engage with content under false or unclear pretenses, or promotes content, products, or services using false, dishonest, or deceptive claims.
  • Scams or Other Unacceptable Business Practices: Content that attempts to scam users, including by concealing, misstating, or failing to disclose information about the business, product, or service.
  • Dishonest Pricing Practices: Content that promotes products or services as free when they require payment, deceptively suggests that certain sales or promotions may be time limited when in fact they continue for significant periods of time, charges users without their knowledge or consent, or creates unnecessary hurdles for cancellation or returns.
  • Deceptive or Misleading Designs or Elements: Content that includes content, experiences, designs, elements, or behavior that could be deceptive or misleading.  
  • Inconsistent Information: Content that includes inconsistent information or does not include key information like product descriptions, disclaimers, or terms and conditions.
  • Misinformation: Content that features inaccurate, misleading, or false information that may cause significant harm to individuals or society.
AppLovin Legal Information

Restricted Content: Gambling or Real-Money Apps or Websites Revision – March 26, 2025


Content

Additional Guidelines Specific to Gambling or Real-Money Apps or Websites
As explained in the Demand Partner Policies, Demand Partners may be permitted to deliver ads containing restricted content, such as gambling or real-money apps or websites, if the ads and associated products and services strictly adhere to any country- or region-specific laws, rules, or regulations (including any age-related restrictions, licensing/certification requirements, labeling and disclaimer requirements, advertising guidelines, self-regulatory requirements or recommendations, and any similar guidance or requirements), the Demand Partner Policies, and any other applicable AppLovin policies or agreements, and obtain express approval from the AppLovin Team.

Demand Partners seeking to deliver ads for gambling (e.g., online or offline lotteries, casinos, sports betting, and social casino games), real-money apps or websites, or similar content through the Services must also ensure their products and ads meet the following minimum criteria:

  • Advertisers must ensure that they have all necessary authorizations and licenses required under applicable laws (and produce them on request) to market and promote their products.
  • Ads must include an appropriate responsible gambling and age disclaimer, such as “Must be 21+ to play; age, product, and eligibility rules apply.  See terms.”
  • Ads and/or their landing pages must include a problem-gambling hotline reference and number, such as: “Gambling problem?  Call 1-800-GAMBLER.”
  • Ads must include any other labels or disclaimers required under applicable laws (e.g., state or local warning language).
  • Advertisers must ensure that the landing page(s) for the product(s) include an adequate age gate and appropriate disclaimers consistent with applicable laws.
  • Advertisers must ensure that their ads only target those U.S. states where the product can lawfully be used and advertised consistent with applicable laws.
  • Advertisers may not target individuals under the age of 21.
  • Ads may not feature individuals below the age of 25.
  • Ads may not depict products or use imagery or situations that would naturally appeal to underage individuals or attempt to promote or encourage underage use.
  • Ads may not depict products or use imagery or situations that would promote or attempt to encourage irresponsible gambling behavior.
  • Ads may not glamorize, glorify, or otherwise exaggerate the benefits of the products.
  • Ads may not promote products that have been subject to any government or regulatory action or warning.
  • Consistent with applicable laws, advertisers must ensure that statements or claims in ads have appropriate support.
  • The landing page(s) for ads served through the Services may not direct end users to content that does not comply with these guidelines and the Demand Partner Policies or that contains or may contain prohibited content.
AppLovin Legal Information

Restricted Content: Tobacco & Nicotine Products Revision – March 26, 2025


Content

Additional Guidelines Specific to Tobacco & Nicotine Products
As explained in the Demand Partner Policies, Demand Partners may be permitted to deliver ads containing restricted content, such as tobacco and nicotine products, if the ads and associated products and services strictly adhere to any country- or region-specific laws, rules, or regulations (including any age-related restrictions, licensing/certification requirements, labeling and disclaimer requirements, advertising guidelines, self-regulatory requirements or recommendations, and any similar guidance or requirements), the Demand Partner Policies, and any other applicable AppLovin policies or agreements, and obtain express approval from the AppLovin Team.

Demand Partners seeking to deliver ads for tobacco and nicotine products or similar content through the Services must also ensure their products and ads meet the following minimum criteria:

  • Advertisers must ensure that they have all necessary authorizations and licenses required under applicable laws (and produce them on request) to market, promote, and ship their products.
  • Advertisers must ensure that their ads include the specific warning statements required by the FDA (which depend on the specific type of product and may change over time), and these warnings must be presented in the sizing, prominence, and style required by the FDA.
  • Ads must include any other labels or disclaimers required under applicable laws (e.g., state- or local-specific warning language).
  • Advertisers may not target individuals under the age of 21.
  • Advertisers must ensure that the landing page for the product(s) include an adequate age gate consistent with applicable laws.
  • Advertisers must ensure that their ads only target states, municipalities, and jurisdictions that permit online sales and advertising of tobacco and nicotine products.
  • Ads must comply with any state, local, or self-regulatory style requirements (e.g., some states require that ads be in black-and-white rather than color)
  • Ads may not depict products that resemble child-like snacks or candies or use imagery or situations that would naturally appeal to children or attempt to promote or encourage underage use.
  • Consistent with applicable laws, ads may not glamorize, glorify, or otherwise exaggerate the benefits of the tobacco and nicotine products.
  • Consistent with applicable laws, advertisers must ensure that statements or claims in ads have appropriate support.
  • The landing page(s) for ads served through the Services may not direct end users to content that does not comply with these guidelines and the Demand Partner Policies or that contains or may contain prohibited content.
AppLovin Legal Information

Restricted Content: Alcohol or Alcohol-Related Content Revision – March 26, 2025


Content

Additional Guidelines Specific to Alcohol or Alcohol-Related Content
As explained in the Demand Partner Policies, Demand Partners may be permitted to deliver ads containing restricted content, such as alcohol or alcohol-related content, if the ads and associated products and services strictly adhere to any country- or region-specific laws, rules, or regulations (including any age-related restrictions, licensing/certification requirements, labeling and disclaimer requirements, advertising guidelines, self-regulatory requirements or recommendations, and any similar guidance or requirements), the Demand Partner Policies, and any other applicable AppLovin policies or agreements, and obtain express approval from the AppLovin Team.

Demand Partners seeking to deliver ads for alcohol, alcohol-related products, or similar content through the Services must also ensure their products and ads meet the following minimum criteria:

  • Advertisers must ensure that they have all necessary authorizations and licenses required under applicable laws (and produce them on request) to market, promote, and ship their products.
  • Ads must clearly state the alcoholic content and strength of a beverage. 
  • Ads must include an appropriate responsible drinking and age disclaimer, such as “Please drink responsibly; you must be 21+ to purchase.”
  • Advertisers may not target individuals under the age of 21.
  • Ads may not depict products or use imagery or situations that would naturally appeal to underage individuals or attempt to promote or encourage underage use.
  • Ads may not feature pregnant people or individuals under the age of 25.
  • Advertisers must ensure that their ads only target states where the advertiser can lawfully distribute and ship the product.  The following provides general state-specific information, which may change over time and Advertisers must independently confirm:
    • Allow the shipment of all spirits subject to requirements: District of Columbia, Florida, Hawaii, Kentucky, Nebraska, New Hampshire, Rhode Island, and West Virginia.
    • Allow the shipment of beer and wine subject to requirements: Delaware, Massachusetts, Montana, North Dakota, Ohio, Oregon, Vermont, and Virginia.
    • Allow the shipment of wine, cider, and mead subject to requirements: Connecticut and New Jersey.
    • Allow the shipment of wine and cider subject to requirements: New Mexico.
    • Allow the shipment of beer, wine, and cider subject to requirements: Oregon.
    • Allow the shipment of wine and mead subject to requirements: Arkansas.
    • Allow the shipment of wine subject to requirements: All other U.S. States, including California and New York, except for Mississippi and Utah.
  • Ads may not state or imply that drinking alcohol can improve social, sexual, professional, intellectual, or athletic standing, or provide health or therapeutic benefits (e.g., “ease stress” or “make you more social”).
  • Ads may not portray excessive drinking, intoxication, or reckless behavior under the influence of alcohol.
  • Ads may not depict alcohol consumption in conjunction with the operation of a vehicle of any kind, the operation of machinery, or the use of fine motor skills.
  • Ads may not offer alcohol as a prize or reward or promote any offers or incentives encouraging the consumption of alcohol.
  • Consistent with applicable laws, ads may not glamorize, glorify, or otherwise exaggerate the benefits of the products.
  • Ads may not promote products that have been subject to any government or regulatory action or warning.
  • Advertisers must ensure that the landing page(s) for the product(s) include an adequate age gate and appropriate disclaimers consistent with applicable laws.
  • Consistent with applicable laws, advertisers must ensure that statements or claims in ads have appropriate support.
  • The landing page(s) for ads served through the Services may not direct end users to content that does not comply with these guidelines and the Demand Partner Policies or that contains or may contain prohibited content.
AppLovin Legal Information

Restricted Content: Health, Wellness, and Pharmaceutical Products Revision – March 26, 2025


Content

Additional Guidelines Specific to Health, Wellness, and Pharmaceutical Products
As explained in the Demand Partner Policies, Demand Partners may be permitted to deliver ads containing restricted content, such as health, wellness, and pharmaceuticals products, if the ads and associated products and services strictly adhere to any country- or region-specific laws, rules, or regulations (including any age-related restrictions, licensing/certification requirements, labeling and disclaimer requirements, advertising guidelines, self-regulatory requirements or recommendations, and any similar guidance or requirements), the Demand Partner Policies, and any other applicable AppLovin policies or agreements, and obtain express approval from the AppLovin Team.

Demand Partners seeking to deliver ads for health, wellness, and pharmaceuticals products or similar content through the Services must also ensure their products and ads meet the following minimum criteria:

  • Advertisers must ensure that they have all necessary authorizations and licenses required under applicable laws (and produce them on request) to market, promote, and ship their products.
  • Ads for FDA-approved products (certain food and drug products) must include any approved labels and warnings.
  • Ads for FDA-approved products (certain food and drug products) may only promote the product for approved uses and purposes, not off-label or unapproved uses.
  • Ads for products not subject to FDA approval, such vitamins, minerals, herbs, other dietary supplements, cosmetics, perfumes, shampoos, body cleansers, shaving creams, etc., may not make medical claims, claims that could be interpreted as medical (e.g., “this herbal supplement treats a medical condition”), or suggest or imply that they have any associated certifications or industry ratings. 
  • Ads for products not subject to FDA approval may not state or imply that they are as effective as FDA-approved products or that they are “safe” or effective for use in preventing, curing, or treating a particular disease or ailment.  As such, ads for products not subject to FDA approval may not use words like “prevent,” “cure,” “treat,” or similar language that might suggest the products prevent, cure, or treat a particular disease or ailment.
  • Ads and/or the landing pages for products not subject to FDA approval must include an appropriate FDA-related disclaimer, such as: “These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.”
  • Ads must include any other labels or disclaimers required under applicable laws (e.g., state- or local-specific warning language).
  • Advertisers must ensure that the landing pages for the products include any applicable labels, warnings, or markings required under applicable laws. 
  • Ads may not promote products that have been subject to any government or regulatory action or warning.
  • Consistent with applicable laws, ads may not glamorize, glorify, or otherwise exaggerate the benefits of the products.
  • Advertisers may not target individuals under the age of 18.
  • Ads cannot request the input of any personally identifiable information or health information.
  • Advertisers must ensure that ads do not attempt to exploit insecurities, contain distasteful messaging, or promote or reinforce negative or unhealthy body images.
  • Advertisers must ensure that ads do not encourage unhealthy lifestyles or promote unhealthy relationships with food (e.g., “starve yourself to look great in that bathing suit”).
  • Consistent with applicable laws, advertisers must ensure that statements or claims in ads have appropriate support.
  • The landing page(s) for ads served through the Services may not direct end users to content that does not comply with these guidelines and the Demand Partner Policies or that contains or may contain prohibited content.
AppLovin Legal Information

Restricted Content: Financial Services Revision – March 26, 2025


Content

Additional Guidelines Specific to Financial Services
As explained in the Demand Partner Policies, Demand Partners may be permitted to deliver ads containing restricted content, such as financial services products, if the ads and associated products and services strictly adhere to any country- or region-specific laws, rules, or regulations (including any age-related restrictions, licensing/certification requirements, labeling and disclaimer requirements, advertising guidelines, self-regulatory requirements or recommendations, and any similar requirements), the Demand Partner Policies, and any other applicable AppLovin policies or agreements, and obtain express approval from the AppLovin Team.

Demand Partners seeking to deliver ads for financial services products (e.g., investing, retirement planning, etc.) or similar content through the Services must also ensure their products and ads meet the following minimum criteria:

  • Advertisers must ensure that they have all necessary authorizations, licenses, accreditations, and certifications required under applicable laws (and produce them on request) to market and promote their products.
  • Advertisers must ensure that their ads comply with any applicable disclosure requirements required under applicable laws, including risk disclaimers and the disclosure of other information necessary for users to make an informed decision. 
  • Advertisers must ensure that the landing page(s) for the product(s) include any applicable disclosures and disclaimers required under applicable laws.  To the extent applicable, this obligation includes disclosing the applicable interest rates, annual percentage rates, transaction fees, disclaimers, repayment periods, representative examples, and other disclosures required under applicable laws.
  • Ads may not promote get-rich-quick offers, pyramid schemes, too-good-to-be-true financial offers, products that could be considered predatory, bail bonds, complex speculative financial investments, payday loans, pawnbroker loans, precious metals trading, peer-to-peer products, NFTs or virtual currencies, single securities, or similar products.
  • Ads may not promote products that have been subject to any government or regulatory action or warning.
  • Ads may not misstate, exaggerate, or minimize the benefits or risks of the products.
  • Advertisers may not target individuals under the age of 18.
  • Ads cannot request the input of any personally identifiable information or financial information such as bank account information, credit/debit card information or routing numbers.
  • Consistent with applicable laws, advertisers must ensure that statements or claims in ads have appropriate support.
  • The landing page(s) for ads served through the Services may not direct end users to content that does not comply with these guidelines and the Demand Partner Policies or that contains or may contain prohibited content.

AppLovin Legal Information

Restricted Content: CBD/Hemp Products Revision – March 26, 2025


Content

Additional Guidelines Specific to CBD/Hemp Products
As explained in the Demand Partner Policies, Demand Partners may be permitted to deliver ads containing restricted content, such as CBD/hemp products, if the ads and associated products and services strictly adhere to any country- or region-specific laws, rules, or regulations (including any age-related restrictions, licensing/certification requirements, labeling and disclaimer requirements, advertising guidelines, self-regulatory requirements or recommendations, and any similar guidance or requirements), the Demand Partner Policies, and any other applicable AppLovin policies or agreements, and obtain express approval from the AppLovin Team.

Demand Partners seeking to deliver ads for CBD/hemp products or similar content through the Services must also ensure their products and ads meet the following minimum criteria:

  • Advertisers must ensure that they have all necessary authorizations and licenses required under applicable law (and produce them on request) to market, promote, and ship their products.
  • Advertised products must qualify as hemp under applicable law, which generally means a total THC content of less than 0.3%. THC or similar products regulated by the Controlled Substances Act or other applicable laws cannot be advertised through the Services.
  • Ads must include an appropriate age and information disclaimer, such as: “Federally legal hemp product; Must be 21+ to purchase; only available to purchase in certain states.”
  • Ads must include any other labels or disclaimers required under applicable laws (e.g., state- or local-specific warning language).
  • Advertisers must ensure that the landing page(s) for the product(s) include an adequate age gate and appropriate disclaimers consistent with applicable laws.
  • Advertisers must ensure that their ads only target those U.S. states where the product can be lawfully advertised, distributed, and shipped consistent with applicable laws.
  • Advertisers may not target individuals under the age of 21.
  • Ads may not depict marijuana leaves, stems, buds, or similar imagery or use terms typically associated with THC, cannabis, and marijuana.  As such, ads should avoid using terms like “420,” “kush,” “reefer,” “green,” “Mary Jane,” “herb,” “pot,” “chronic,” “hash,” “shrooms,” or any other slang terms typically associated with illegal drugs. 
  • Ads must clearly reflect that they concern hemp products, not THC or similar products regulated by the Controlled Substances Act or other applicable laws.  As such, ads should avoid using terms like
    “THC” or “cannabis” by themselves and without the necessary context, because that would not make clear that the products qualify as hemp-based products, not illegal drugs. Acceptable variants include: hemp-derived THC, hemp-based THC, hemp THC, hemp cannabis, federally legal cannabis, federally legal weed, or federally legal THC.
  • Ads may not depict products that resemble child-like snacks or candies or use imagery or situations that would naturally appeal to children or attempt to promote or encourage underage consumption.
  • Ads may not glamorize, glorify, or otherwise exaggerate the benefits of the products.
  • Ads may not claim that the products “diagnose, treat, cure, mitigate or prevent any disease and/or affect any structure or function of the human body.” 
  • Advertisers must ensure that their ads and/or the landing page(s) for the product(s) include an appropriate FDA-related disclaimer, such as: “Note: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”
  • Ads may not promote products that have been subject to any government or regulatory action or warning.
  • Consistent with applicable laws, advertisers must ensure that statements or claims in ads have appropriate support.
  • The landing page(s) for ads served through the Services may not direct end users to content that does not comply with these guidelines and the Demand Partner Policies or that contains or may contain prohibited content
AppLovin Legal Information

Terms of Use Agreement Revision – March 7, 2025


Content

These Terms of Use (the “Agreement”) govern the relationship between you (“User,” “you” or “your”) and These Terms of Use (the “Agreement”) govern the relationship between you (“User,” “you” or “your”) and AppLovin Corporation, a Delaware corporation, or AppLovin (Singapore) Pte. Ltd., a Singapore company, if applicable (collectively, “AppLovin,” “we” or “our,” and together with “User,” the “Parties,” and each a “Party”) and apply to your use of the Services (as defined below).  For purposes of this Agreement, and depending upon how you use the Services, you have contracted with the following AppLovin entity:

  • Advertisers in the United States — If your principal place of business is in the United States of America or its territories, you have entered into this Agreement with AppLovin Corporation.
  • Advertisers in all Non-U.S. Regions — If your principal place of business is outside of the United States of America or its territories, you have entered into this Agreement with AppLovin (Singapore) Pte. Ltd., except for the Data Processing Agreement incorporated into this Agreement, which you have entered into with AppLovin Corporation as the parent corporation for AppLovin (Singapore) Pte. Ltd.
  • Publishers in Singapore — If your principal place of business is in Singapore, you have entered into this Agreement with AppLovin (Singapore) Pte. Ltd., except for the Data Processing Agreement incorporated into this Agreement, which you have entered into with AppLovin Corporation as the parent corporation for AppLovin (Singapore) Pte. Ltd.
  • Publishers worldwide, excluding Singapore — If your principal place of business is in any other country or region except Singapore, you have entered into this Agreement with AppLovin Corporation.

Please read this Agreement and our Privacy Policy carefully before using the Services.  By accessing the AppLovin platform, currently located at www.applovin.com and on other pages (the “Platform”), or registering, enabling, or using any of the Services (as defined in Section 1 below), you become a User and agree to be bound by this Agreement.  If you do not agree to this Agreement, you must not use (or you must stop using) the Platform or the Services.  Your access to and use of the Platform or the Services may also be subject to additional terms or agreements between us and you.

If you have entered into this Agreement on behalf of a company or other entity, you represent that you have been duly authorized with the authority to enter into this Agreement on behalf of that company or other entity, and you expressly represent that the company or other entity agrees to be bound by this Agreement.  In that case, the term “you” refers to the third party or parties on a joint and several basis.  If you have entered into this Agreement on an individual basis, you represent that you are the age of legal majority or older in your jurisdiction (aged 18 and over) and have the legal capacity to enter into and be bound by this Agreement.

As described below, the Platform, the Services, and the Software may fall within United States export controls.  You may not use the Platform or the Services if United States law or other applicable law preclude you from receiving products, including services or the Software, from the United States or from using the Platform, the Services, or the Software.  Registration for and use of the Platform or the Services where prohibited will be void.

SECTION 14 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 9 CONTAINS WARRANTY DISCLAIMERS AND A LIMITATION OF OUR LIABILITY.  BY USING THE PLATFORM OR THE SERVICES, YOU AGREE TO THESE PROVISIONS.

* * * *

1. The Services; Changes to the Services or this Agreement

AppLovin operates a suite of tools for developers and other businesses to automate and optimize the marketing and monetization of their platforms, products, or services by enabling the placement of different types of advertisements on digital properties (including mobile apps, websites, and connected TV devices) and distributing our customers’ mobile apps, platforms, products, or services to end users using various technologies, including AI-powered tools and the Software (collectively, the “Services”).  AppLovin may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services.  As explained below, AppLovin also reserves the right to stop offering any of the Services and to immediately suspend or terminate your access to any of the Services.

Registration and Account Information — You need to register and create an account to access the Platform and the Services (or some portion of them) for your own (i.e., individual or entity) use only. By registering and creating an account to access the Platform and the Services (or some portion of them), you agreed to be bound to this Agreement. You must provide us with accurate, complete, and up-to-date account information.  In addition, you may not authorize others to use your account, and you may not assign or otherwise transfer your account or this Agreement to any other person or entity.  You also understand that you must keep your account information secure and that you should not disclose your account credentials to anyone.  You alone remain solely responsible for all activities that occur under your account, regardless of whether you know about them or not. 

Updates or Changes to the Platform or the Services—We may from time-to-time update, improve, enhance, conduct testing, and further develop the Platform or the Services (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions).  You understand that these improvements, enhancements, or tests may impact your or end users’ experience.  In addition, we may add or remove functionalities or features of the Platform or the Services at any time, and we may modify, suspend, restrict, terminate, or stop the Platform or the Services (or any portion of them) at any time.  We may also suspend, restrict, delete, or remove access to the Platform or the Services (or any portion of them) or your account at any time.

Notifications and Messages from the Platform or the Services — We may from time-to-time send you notifications or messages regarding the Platform, the Services, and the Software.  By using the Services, you consent to receive these messages from us, our affiliates, or providers.  

Changes to this Agreement—We may modify or update this Agreement (including the Publisher PoliciesDemand PoliciesEULAPrivacy Policy,  Platform DPA, and Demand Partner DPA incorporated into and made a part of this Agreement).  If we modify or update this Agreement, we will post the revised Agreement, which will generally become effective 30 days later.  In addition, we may notify you directly via email and/or through the Platform or the Services.  By continuing to use the Platform, the Services, or the Software after those modifications or updates become effective, you agree to be bound by the revised Agreement.  If you do not agree to be bound by the revised Agreement, then you must not use the Platform, the Services, and the Software anymore.

Retention — By creating a business account, you agree that your account and related data will be retained for the required periods under applicable law.

2. Your Use of the Platform and the Services

Advertisers’ Use of the Platform and the Services—Advertisers, media buyers, ad agencies, demand-side platforms, e-commerce platforms, channel partners, or merchants, or other providers of advertisements (collectively, “Advertisers” or an “Advertiser”) may provide content, including text links, banners, videos, artwork, and graphics (“Advertisements”), and AppLovin may collect content, including text links, videos, artwork, and other files, for display on any Property.

If you use the Services as an Advertiser or as any other entity that bids on advertising inventory or serves Advertisements through the Services, you must comply with the AppLovin Policies for Demand Partners (the “Demand Policies”) and shall not contribute, submit, or make available through the Services, or use the Services in connection with, any Advertisements or content that violate the Demand Policies.

In addition, you hereby grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to copy, adapt, reproduce, distribute, display, publicly perform, and otherwise use Advertisements and other content, including any intellectual property rights contained on these materials, for the purpose of providing the Services, including serving the Advertisements and distributing Advertisers’ platforms, products, or services to end users.  In addition, you grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to use and retain data collected from you for purposes of improving the Services, including our AI-powered technologies and Software.

Publishers’ Use of the Platform and the Services—Developers and other businesses (collectively, “Publishers” or a “Publisher”) may list digital properties, including mobile applications, websites, connected TV devices, and other platforms or services (each a “Property,” and collectively “Properties”), and make them available for Advertisements (as defined above).  

If you use the Services as a Publisher, you must comply with the AppLovin Policies for Publishers (the “Publisher Policies”) and shall not contribute, submit, or make available through the Services, or use the Services in connection with, any Property or content that violates the Publisher Policies.  As set forth below and in the Publisher Policies, Publishers may not generate or engage in, or authorize or encourage any third party to generate or engage in, invalid activity, invalid traffic, fraudulent impressions of, or fraudulent clicks on, any Advertisement (as defined above) through any means.  AppLovin will determine what constitutes valid impressions, clicks, requests, valid traffic, and valid activity, and payments to you as a Publisher may be withheld or adjusted if you engage in any actual or suspected violation of this Agreement or the Publisher Policies

In addition, you hereby grant AppLovin all the necessary rights and permissions to: (a) use your Property’s or Properties’ intellectual property rights provided during the Services for the purpose of fulfilling AppLovin’s obligations; (b) access, index, store, and cache requests made from Property or Properties to the Services, including by automated means; and (c) access your Property or Properties to provide the Services, including placing or displaying Advertisements.  In addition, you grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to use and retain data collected from you for purposes of improving the Platform and the Services, including our AI-powered technologies and Software.

Eligibility to Use the Platform and the Services — You agree to use the Platform and the Services consistent with this Agreement and all laws and regulations, including United States export controls.  In addition, you may not use the Platform, the Services, or the Software if you or any of your affiliates or, to your knowledge, any director, officer, manager, or employee of such entities: (i) cannot receive products, including services or the Software, from the United States (because for example you live in a country embargoed by the United States) or have been the target of sanctions by any governmental entity; (ii) cannot access or use the Platform, the Services, or the Software in compliance with this Agreement under the applicable laws of your jurisdiction; and (iii) have previously been suspended from the Services.

Your Access to and Use of Our Software — You may have access to software development kits (SDKs), applications programming interfaces (APIs), pixels, other integrations, documentation, tools and assemblies, libraries, scripts, object code, sample source code, and similar developer material made available by AppLovin specifically for purposes of your access to and use of the Platform and the Services (the “Software”).  This Agreement and the End User License Agreement (the “EULA”) govern your use of the Software owned by AppLovin and provided to you only for purposes of your access to and use of the Platform and the Services.

Third-Party SDKs or Other Software Integrations — Your use of any third-party SDKs, APIs, pixels, connections, or similar software in connection with the Services will be governed by the terms of any agreement applicable to those integrations, connections, or software.  We have no responsibility for any aspect of these third-party integrations, connections, or software, including any ad serving or data processing that may occur through them.  You and the third-party provider must ensure compliance with all applicable laws and regulations, including those concerning privacy and data protection, age-related restrictions, labeling and disclaimer requirements, advertising guidelines, and any similar requirements.

3. Our Retained Proprietary Rights; Restrictions on Your Use

Except for the limited license granted herein, we and our licensors retain all legal right, title, and interest in and to the Platform and the Services, including all of the intellectual property associated with the Platform and the Services, the technologies and the Software used to provide the Platform or the Services, the advertisements created by AppLovin except to the extent they include your intellectual property (the “AppLovin Ads”), any improvements or derivative products or services, and all other aspects of the Platform and the Services.  We reserve all rights not expressly granted to you.

Restrictions on Your Access and Use — You agree not to access or use the Platform or the Services (or any part of them) other than as permitted by this Agreement.  You agree not to modify, create derivative works based on, decompile, reverse engineer or disassemble, or otherwise attempt to extract source code from, the Platform or the Services (or any part of them).  In addition, you may not (a) copy, distribute, rent, lease, lend, sublicense, transfer or make the Platform or the Services available to any third party; (b) attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Platform or the Services; (c) modify, remove, or obscure any proprietary notices or legends that appear on the Platform or the Services or during the use and operation thereof; (d) sell, assign, license, disclose, or otherwise transfer or make available the Platform or the Services, any copies of the Platform or the Services, or any information derived from the Platform or the Services in any form to any third parties; or (e) remove or alter any proprietary notices or marks on the Platform or the Services.  

This Agreement does not grant you or any other party any right, title, or interest in the Platform or the Services, any content in the Platform or the Services (including any AppLovin Ads), or in our or our licensors’ trademarks, logos, and other intellectual property.  We reserve all rights not expressly granted to you.

Our Use of Your Feedback — If you make suggestions regarding any features, functionality, or performance of the Platform, the Services, or the Software that AppLovin adopts for any of its products or services, such features, functionality, and performance shall be deemed automatically assigned to AppLovin under this Agreement and become our sole and exclusive property.   

4. Data Privacy and Data Sharing

Data Processing Agreement — To the extent that any Personal Data (as defined under applicable data protection laws) is shared hereunder, the processing of such Personal Data shall be governed by the terms set forth in the Platform Data Processing Agreement (the “Platform DPA”) for AppDiscovery Advertisers, Audience+ Advertisers, and MAX Publishers; and Demand Partner Data Processing Agreement (the “Demand Partner DPA”) for ALX Demand Side Partners, respectively, which are incorporated into and made a part of this Agreement.  As described above, you have entered into the Platform DPA or Demand Partner DPA, as applicable, with AppLovin Corporation.

Data Sharing Representations and Warranties — You represent and warrant, as applicable, that:

  • You will comply with all applicable laws, rules, and regulations relating to the collection, use, and sharing of information about any end user who interacts with the Services. 
  • You will ensure that you will have, at all times, a clearly labeled and easily accessible privacy policy that complies with all applicable laws and specifically provides end users with clear information about SDKs, cookies, device-specific information, location information, and other information stored on, accessed on, or collected from end users’ devices in connection with the Services.  
  • You will ensure (where required by law) that each end user consents to the storing and accessing of cookies, device-specific information, or other information on the end user’s device by AppLovin in connection with the Services, and upon AppLovin’s request, provide us with written evidence of such consent, including the date of the consent and the consent language presented to the end user. 
  • You will ensure that you have adequate rights and have obtained all necessary permissions and consents required under applicable laws to disclose Personal Data to AppLovin for purposes consistent with this Agreement, including improving the Services.
  • You shall, at all times and in accordance with the requirements of applicable data protection laws, make available, maintain, and make operational on your properties: (i) a mechanism for obtaining such consent from end users; and (ii) a mechanism to honor end users’ data subject rights (opt-out of sale for interest-based advertising, deletion, access, etc.).

AppLovin Privacy Policy — Our Privacy Policy describes how we collect, use, disclose, share, and otherwise process information and material provided by you.  By accessing and using the Platform or the Services, you affirm that you have reviewed and acknowledge the terms of the Privacy Policy.

5. Prohibition on Children Data and Using the Services for Children or Apps Exclusively Targeted to Children

Whether you are a Publisher or Advertiser, you may not provide AppLovin with children data or cause that information to be provided via a third party.  As of SDK version 13.0 and later, you may not initialize or use any AppLovin SDK in any way or otherwise use any aspect of the Services in connection with an end user who qualifies as a “child” under applicable laws.  Please note that jurisdictions define the term “child” differently and these definitions may change over time.  You shall be solely responsible for (1) determining whether an end user of your Property or Advertisement qualifies as a “child” under applicable laws and (2) taking the steps necessary to ensure that you do not initialize or use any AppLovin SDK in any way or otherwise use any aspect of the Services in connection with a “child” under applicable laws.

In addition, you acknowledge and agree that you will not use the Services in connection with any Property or Advertisement exclusively designed for or exclusively directed to children as defined and required by applicable laws, or for any Property or Advertisement that could implicate the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501, et seq.) (“COPPA”), laws of similar effect in any applicable jurisdiction, as well as any applicable app store policies.  You shall be solely responsible for ensuring that any Property or Advertisements comply with all age-related laws and applicable app store policies, including COPPA or laws of similar effect in any applicable jurisdiction.

As explained above, in the Privacy Policy, the Publisher Policies, and the Demand Policies, children may not use the Services, you may not initialize or use any AppLovin SDK in any way or otherwise use any aspect of the Services in connection with a child, and AppLovin does not knowingly collect personal information from children or serve advertisements to children.

If you believe we served an advertisement to a child or might have personal information from or about a child, or if you believe a User may be exclusively designed for or exclusively directed to children, or may be knowingly passing personal information from children to us, please contact us via email at [email protected].

6. Fees and Payments

a. Fees from Advertisers’ Use of the Services

Invoices to Advertisers — For purposes of your use of the Services, AppLovin will provide you with access to an online reporting system.  You acknowledge and understand that AppLovin will invoice you for Advertisements served through the Services exclusively based on the numbers in AppLovin’s online reporting system.  Unless otherwise indicated, payment will be due within thirty (30) days of the invoice date, and all amounts will be payable in U.S. Dollars regardless of your primary place of business.

Past Due Accounts — If your payment method fails or any account(s) becomes past due, AppLovin may take steps to collect past due amounts using any available mechanisms, including netting or offsetting any past due amounts from payments to you as a Publisher or due to you under any other agreement, suspending or terminating your account(s), referring the balance to collections, or pursuing the balance through other available means.  You agree to pay all expenses associated with any such mechanism, including reasonable attorneys’ fees, court costs, or collections’ fees, plus interest accruing on any past due amounts at the lesser of 1% per month or the lawful maximum.

b. Payments to Publishers

Payments to Publishers — For purposes of your use of the Services, AppLovin will provide you with access to an online reporting system.  You acknowledge and understand that AppLovin will pay you monthly earnings for valid impressions filled by AppLovin, calculated exclusively based on AppLovin’s accounting and the numbers in AppLovin’s online reporting system, and subject to the minimum applicable payment threshold (communicated through the Services).  Payments to you will be calculated by AppLovin based on valid impressions served on your Property by AppLovin and the pricing associated with those impressions, which could take the form of cost per mille (CPM) or a percentage of Net Revenue (as defined below) as determined by AppLovin.    

  • Invalid Activity — For purposes of calculating these payments, AppLovin will, in its sole discretion, determine what constitutes valid impressions, clicks, requests, valid traffic, and valid activity.  Invalid activity includes: (i) spam, invalid impressions, or invalid clicks on Advertisements generated by any person, bot, automated program, or similar device, including through any clicks or impressions originating from your IP addresses, computers under your control, or similar self-click schemes; (ii) clicks solicited or impressions generated by payment of money and false representation; (iii) clicks or impressions co-mingled with a significant amount of the activity described in (i) and (ii) above; or (iv) any breach of this Agreement or the Publisher Policies.  As described in this Agreement and the Publisher Policies, AppLovin will only pay you for valid impressions served on your Property by AppLovin.
  • Net Revenue — For purposes of calculating these payments, “Net Revenue” means revenues actually received by AppLovin from the sale, use, or other disposition of Advertisements displayed on your Property, less Taxes (as defined below), less any agency commissions, buyer fees, carrier and/or partner fees, and less any allowances actually made or taken for returns, cash discounts, or promotional allowances, but excluding other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management, or technical modifications or technical innovations that may be charged by AppLovin to third parties from time to time.  The portion of Net Revenue received by User will generally be determined on the first Monday of each calendar month, on which day those revenues accrued to your account thirty (30) or more days earlier shall become eligible to be paid.

Subject to the foregoing and the minimum applicable payment threshold, AppLovin will pay your monthly earnings according to the payment details entered into your AppLovin account.  You acknowledge and affirm that you are the beneficial owner of the bank account(s) reflected in your payment details.  Depending upon those payment details, you may be responsible for certain bank fees associated with the transmission of payments from your AppLovin account.  As set forth above, to help ensure proper payment, you remain solely responsible for providing and maintaining accurate contact and payment information associated with your account.

Our Right to Withhold, Adjust, or Offset Payments — We may withhold, adjust, or offset payments to you based upon any amounts you owe to AppLovin under this Agreement or any other agreement, any amounts refunded or credited to Advertisers, any amounts arising from invalid activity, or if you engage in any actual or suspected violation of this Agreement or the Publisher Policies, in any case as determined by AppLovin in its sole discretion.

Payments from Other Networks — Your monthly earnings for impressions filled through the Services by other networks, as may be reflected in AppLovin’s online reporting system, will be paid in accordance with the policies and practices of those other networks. 

c. Miscellaneous Provisions

Taxes — You will pay any direct or indirect local, state, federal or foreign taxes, levies (including any equalization levy), duties, or similar governmental assessments of any nature, including but not limited to VAT, GST, excise, sales, use, consumption, and withholding taxes (collectively, “Taxes”) or other charges in connection with its use of the Platform, the Services, or the Software, including any Taxes AppLovin is legally obligated to charge.  AppLovin’s fees do not include Taxes and you agree to pay, in addition to such fees, all applicable Taxes imposed by any taxing authority in connection with your use of the Services.  In all cases, you shall pay the full amount owed to AppLovin, inclusive of and without deduction for, any invoiced Taxes.  You may provide AppLovin with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case AppLovin will not charge or collect the Taxes covered by such certificate.  Where a Publisher supplies a Property or Properties to AppLovin which is subject to any Taxes, Publisher shall be responsible for remitting the Taxes to the proper authorities.  Where applicable, Publisher agrees to GST self-billing for Singapore GST purposes and agrees to remit all GST output tax to the proper authorities, as required by law, as shown on each AppLovin self-billed invoice.  Upon request, Publisher shall provide AppLovin with its GST registration number.

Payment Processing Fees — You will pay any processing fees associated with your payment of invoices from AppLovin.  In all cases, you shall pay the full amount owed to AppLovin, inclusive of and without deduction for, any processing fees associated with your payment.

Changes to Fees or Charges — AppLovin reserves the right to change its fees and to institute new charges at any time, upon prior notice, and to invoice for fees and/or make payments for earnings from any of our affiliates.

7. Confidentiality Obligations

AppLovin Confidential Information — “AppLovin Confidential Information” includes: (a) all Software, technology, and documentation relating to the Platform and the Services and any other non-public technical or business information; (b) the existence of, and information about, beta features in the Services (or any aspect of them); (c) the terms of any order with AppLovin, pricing information related to the Services, and any statistics provided by AppLovin concerning your use of the Platform and the Services; and (d) any other information made available to you by AppLovin that either has been marked as confidential or would ordinarily be considered confidential given the nature of the information or the relevant circumstances.  AppLovin Confidential Information does not include information (i) that you already knew prior to your use of the Services or the Platform, (ii) that becomes public through no fault of yours or breach by you of this Agreement, (iii) that you independently developed without use of AppLovin Confidential Information, or (iv) that you rightfully obtained from a third party without restriction on use or disclosure.
Use and Disclosure Restrictions — You agree not to use AppLovin Confidential Information except as permitted under this Agreement or any other agreement, terms, or policies that govern your access and use of the Platform and the Services.  You further agree not to disclose AppLovin Confidential Information without our prior written consent.  In addition, without our prior written consent, you will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce any (i) AppLovin Confidential Information or (ii) copyrighted material, trademarks, or other proprietary information accessible through the Platform or the Services.  These restrictions do not prevent you from disclosing AppLovin Confidential Information: (a) pursuant to a court order or other lawful process, provided that you first give AppLovin sufficient advanced notice of such disclosure pursuant to any such order or other lawful process; and (b) on an as-needed confidential basis to your legal or financial advisors.

8. Report Advertisements, Properties, or Content; Trademark & DMCA Policy

Report Properties, Advertisements, or Content — If someone may have violated this Agreement, misused the Platform or the Services, used the Services for inappropriate or unlawful Properties, Advertisements, or content, or engaged in other inappropriate or unlawful activity, or if you have any other issue you would like to raise with us, please visit AppLovin Support or submit your questions and requests to the AppLovin Support Team.

Trademark & DMCA/Copyright Policy — We respect the intellectual property rights of others and ask that you do the same.  We respond to notices of alleged trademark or copyright infringement, consistent with the US Digital Millennium Copyright Act or laws of similar effect.  For more information, please review our Copyright Page.  We reserve the right, in our sole discretion and without notice, to terminate your access to the Platform and the Services if we determine that you may be a “repeat infringer.”

9. Warranty Disclaimers and Limitation of Our Liability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities.  In those jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of these jurisdictions.

Warranty Disclaimers — You access and use the Platform, the Services, and the Software at your own sole risk.  We provide the Platform, the Services, and the Software on an “as is” and “as available” basis, and explicitly disclaim all warranties of any kind to the full extent permitted by applicable law.

  • We make no representations or warranties of any kind, express or implied, as to the operation of the Platform, the Services, or the Software, the Advertisements, Properties, or content included on or otherwise made available through the Services, or any other information, content, materials, or other services included on or otherwise made available through the Platform and the Services.  In addition, we may suspend, withdraw, or restrict the availability of all or any part of the Platform, the Services, or the Software (including “beta” features or tools) at any time and for any reason.
  • You expressly agree that you use the Platform, the Services, and the Software at your sole risk. To the full extent permissible by law, we disclaim all warranties, express or implied, about the Platform, the Services, and the Software, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement or availability, and any warranties arising out of course of dealing or usage of trade.  No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.  
  • We do not warrant that the Platform, the Services, or the Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis (meaning free of viruses or other harmful components), that defects will be corrected, or that you will not encounter any connectivity problems or other technical issues.  
  • We make no warranty regarding the quality, accuracy, or appropriateness of any Advertisement, Property, or content included on or otherwise made available through the Platform or the Services.  You acknowledge and agree that AppLovin has no control over (or responsibility for) any content that may be submitted or published by any advertiser (including Advertisements) or any content that may be available or published on any Property (or otherwise).
  • YOU ACCESS AND USE THE PLATFORM, THE SERVICES, AND THE SOFTWARE AT YOUR SOLE RISK.  WE EXPLICITLY DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM, THE SERVICES, AND THE SOFTWARE.

Limitation of Our Liability and Cap on Damages — To the full extent permissible by law, you acknowledge and agree that neither we nor any other party involved in creating or delivering the Platform, the Services, or the Software (including our affiliates, corporate parents, advertisers, and distribution partners), will be liable: 

  • For any personal injury or indirect, incidental, punitive, special, exemplary, consequential, liquidated, or punitive damages, including lost profits, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute services, in anyway whatsoever (and under any theory in any applicable jurisdiction, including warranty, contract, and tort or negligence) arising out of or in connection with this Agreement or your use of, access to, or inability to use or access the Platform, the Services, or the Software even if we have been advised of the possibility of such damages; or
  • For the conduct of any third parties, including other users of the Platform, the Services, or the Software, or operators of external platforms, websites, or resources, and end users.

THE RISK OF USING THE PLATFORM, THE SERVICES, AND THE SOFTWARE RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF ANY FORM OF INJURY FROM THE SERVICES OR THE CONDUCT OF THIRD PARTIES. 

In addition, to the full extent permissible by law, the aggregate (or total) liability of us (and any other party involved in creating, producing, or delivering the Platform, the Services, or the Software, including our affiliates and corporate parents) to you arising out of or relating to this Agreement, your relationship with us, or your use of or access to the Platform, the Services, and the Software will not exceed the lesser of (a) ten thousand U.S. dollars (US$10,000) or (b) the total amount paid or payable to you or payable by you in the three (3) month period immediately before you first assert any claim.  These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.  Notwithstanding anything in the foregoing, if no amount has been paid or become payable to you or payable by you in the three (3) month period immediately before you first assert any claim, our aggregate (total) liability in any form of action whatsoever in connection with this Agreement, your relationship with us, or your use of or access to the Platform, the Services, and the Software will be the total sum of twenty U.S. dollars (US$20).

10. Your Indemnification of Us

You will indemnify and hold AppLovin, its officers, managers, directors, employees, affiliates, and subsidiaries, and each of their respective legal representatives, successors, and assigns, harmless (and, at AppLovin’s request, defend AppLovin) against any and all claims, demands, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of the Platform or the Services, (b) your violation of any term of this Agreement, including your representations and warranties, (c) your violation of any third-party rights, or (d) your violation of any applicable laws, rules, or regulations, including those concerning privacy and data protection. 

At AppLovin’s option, you will assume control of the defense, but AppLovin retains the right to elect to take over the defense at any time.  You may not enter into a settlement covered by this indemnification clause without AppLovin’s prior written consent.  If AppLovin elects to assume control of the defense, you agree to cooperate fully in that defense.

11. Ending Your Relationship with the Services (and vice versa)

Termination by Us — We may suspend or terminate this Agreement, your account(s), or your access to and use of the Platform, the Services, and the Software (or any portion of them) at any time, for any reason or no reason, and without notice or explanation to you.  In addition, we reserve the right to remove your account information or data from the Platform, the Services, the Software, and any other records at any time, for any reason or no reason, and without notice or explanation to you.

Termination by You — You may terminate this Agreement at any time by following the instructions on the Platform or in other documentation, or by sending a notice of cancellation to AppLovin Support.

Survival and Effect of Termination — Upon suspension or termination of this Agreement, your account(s), or your access to and use of the Platform, the Services, and the Software (or any portion of them), your right to use the Platform, the Services, and the Software will immediately cease and you must promptly remove all Software and pay any amounts owed to AppLovin pursuant to the applicable invoices.  In addition, all provisions of this Agreement which by their nature should survive will survive, including, without limitation, confidentiality provisions, fees and payments, indemnification, warranty disclaimers, limitations of our liability, and dispute resolution provisions.

12. Your Representations and Warranties to AppLovin

Representations and Warranties by Publishers — If you access and use the Platform, the Services, or the Software as a Publisher, you represent and warrant that: (i) you own each Property that you use in connection with the Services or that you have the legal authority and authorization to act on behalf of the owner of such Property for purposes of this Agreement; (ii) you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required hereunder; (iii) any data supplied or disclosed to AppLovin under or in connection with the Platform, the Services, or the Software shall be controlled, collected, and transferred in accordance with any applicable data protection laws and regulations; (iv) any data supplied or disclosed to AppLovin includes all necessary rights, licenses, consents, and permissions for AppLovin to receive, use, share, and transfer such data as set forth in this Agreement; and (v) you and each of your Properties will comply with the Publisher Policies

In addition, you represent and warrant that each of your Properties and any material displayed on those Properties: (a) comply with all applicable laws, statutes, ordinances, and regulations, including consumer protection, commerce, advertising, and product laws; (b) do not breach and have not breached any third-party rights, including intellectual property rights, rights of publicity or privacy, or rights, duties, or obligations under consumer protection, commerce, product liability, advertising, tort, or contract theories; and (c) comply with the Publisher Policies.

Representations and Warranties by Advertisers — If you access and use the Platform, the Services, or the Software as an Advertiser, you represent and warrant that: (i) you own each Advertisement you designate in connection with the Services or that you have the legal authority and authorization to act on behalf of the owner of such Advertisement for the purposes of this Agreement; (ii) you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required hereunder; (iii) any data supplied or disclosed to AppLovin under or in connection with the Platform, the Services, or the Software shall be controlled, collected, and transferred in accordance with any applicable data protection laws and regulations; (iv) any data supplied or disclosed to AppLovin includes all necessary rights, licenses, consents, and permissions for AppLovin to receive, use, share, and transfer such data as set forth in this Agreement; and (v) you and each of your Advertisements will comply with the Demand Policies

In addition, you represent and warrant that each of your Advertisements and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances, and regulation, including consumer protection, commerce, advertising, and product laws; (b) do not breach and have not breached any third-party rights, including intellectual property rights, rights of publicity or privacy, or rights, duties, or obligations under consumer protection, commerce, product liability, advertising, tort, or contract theories; (c) do not include viruses and any other form of contaminants of any nature; and (d) comply with the Demand Policies.

Compliance with Anti-Bribery and Anti-Corruption Laws — Publishers and Advertisers represent and warrant that they will comply with all applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act of 1977 (as amended), the U.K. Bribery Act 2010, and laws of similar effect in any applicable jurisdiction.  You will maintain adequate internal controls and procedures and take other steps to ensure compliance with all applicable anti-bribery and anti-corruption laws and agree to provide reasonable support to us in the event of any investigation related to your compliance.

13. Governing Law and Venue for Legal Disputes Not Subject to Arbitration

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 below, 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 of us consents to venue and personal jurisdiction in Santa Clara County, California, for purposes of any such action.

14. Informal Dispute Resolution Process; Agreement to Arbitration; Consolidated, Class Action, and Representative Action Waiver

Notice of Dispute and Required Informal Dispute Resolution Process

Except as provided below, if any dispute arises between us concerning or relating to this Agreement, the Platform, the Services, the Software, or our relationship, we 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 AppLovin’s Support Team.

Agreement to Arbitration; Exceptions to Agreement to Arbitration 

As set forth in the table below, the specific details of this Agreement to Arbitration, including the Governing Law, the Alternative Dispute Resolution Provider, the Applicable Rules, and the Designated Venue for any arbitral proceedings, each as defined in the tables below, depend upon your principal place of business and whether you are a Publisher or Advertiser.

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 the Alternative Dispute Resolution Provider pursuant to the Applicable Rules (each as defined in the tables below).  

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 Alternative Dispute Resolution Provider and alternatively strike potential arbitrators, with AppLovin going first, until one potential arbitrator remains.  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 rules or principles of conflicts of law.  To the extent that the Applicable Rules conflict with California law, California law shall take precedence. The Parties agree that any arbitration under this Agreement shall be conducted exclusively in the Designated Venue.  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.   

Exceptions to Agreement to Arbitration

This Section does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with this Agreement: 

  • Your payment obligations under this Agreement or our 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
  • Our right to suspend or terminate access to the Platform, the Services, or the Software.

For Publishers whose principal place of business is in a country or territory other than Singapore, Advertisers whose principal place of business is in the United States or its territories, and individual Users of the Platform, the specific details of this Agreement to Arbitration are as follows:

Advertisers’ or Publishers’ Principal Place of Business AppLovin Contracting Entity Governing Law Alternative Dispute Resolution Provider & Applicable Rules Designated Venue
Advertisers: United States or its territories

Publishers: Worldwide, except Singapore

Individual Users of the Platform: Worldwide
AppLovin Corporation California, as set forth above, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction. JAMS, administered by JAMS pursuant to (i) the Comprehensive Arbitration Rules & Procedures and (ii) the Mass Arbitration Procedures and Guidelines 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 Venue for Arbitration: Santa Clara County, California for any arbitration proceedings, unless the parties agree to some other location.

In addition, you and AppLovin Corporation 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.

For Advertisers whose principal place of business is outside of the United States, the specific details of this Agreement to Arbitration are as follows:

Advertisers’ Principal Place of Business AppLovin Contracting Entity Governing Law Alternative Dispute Resolution Provider & Applicable Rules Designated Venue
Worldwide in all non-U.S. Regions, including Asia-Pacific countries or territories, those in the EEA, and the UK AppLovin (Singapore) Pte. Ltd. (except for the Data Processing Agreement incorporated into this Agreement, which you have entered into with AppLovin Corporation, as explained above) California, as set forth above, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction. International Centre for Dispute Resolution (ICDR), administered by the ICDR pursuant to the International Arbitration Rules (except as modified by this Agreement to Arbitration) Venue of Arbitration: Singapore or another location as agreed by the Parties for any arbitration proceedings.

In addition, you and AppLovin (Singapore) Pte. Ltd. agree to submit to the personal jurisdiction of the courts of Singapore in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on any arbitral award.

For Publishers whose principal place of business is in Singapore, the specific details of this Agreement to Arbitration are as follows:

Publishers’ Principal Place of Business AppLovin Contracting Entity  Governing Law Alternative Dispute Resolution Provider & Applicable Rules Designated Venue
Singapore AppLovin (Singapore) Pte. Ltd. (except for the Data Processing Agreement incorporated into this Agreement, which you have entered into with AppLovin Corporation, as explained above) California, as set forth above, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction. International Centre for Dispute Resolution (ICDR), administered by the ICDR pursuant to the International Arbitration Rules (except as modified by this Agreement to Arbitration) Venue of Arbitration: Singapore or another location as agreed by the Parties for any arbitration proceedings.

In addition, you and AppLovin (Singapore) Pte. Ltd. agree to submit to the personal jurisdiction of the courts of Singapore in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on any arbitral award.

Consolidated, Class Action, and Representative Action Waiver

For disputes arising between us and you, or any other User, you and we agree that we 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 YOU NOR WE 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 WE 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.  

YOU UNDERSTAND THAT, ABSENT THIS AGREEMENT TO ARBITRATION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CONSOLIDATED, CLASS, OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

Severability

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.  

In addition, 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 you and we 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.

15. Miscellaneous Provisions

Entire Agreement — This Agreement, the Privacy Policy, the EULA, the Platform DPADemand Partner DPA, the Publishers Policies, the Demand Policies, and any insertion order(s) or similar agreement referencing this Agreement comprise the exclusive understanding and entire agreement between you and AppLovin regarding your access to and use of the Platform, the Services, and the Software, and they supersede and replace all prior understandings or agreements between us related to your access to and use of the Platform, the Services, and the Software (including any prior versions of this Agreement).

No Waiver — Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative.  Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

Severability — If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect. 

Construction — For purposes of contract interpretation, the Parties acknowledge that the terms of this Agreement should not be strictly construed against either Party. 

Time Limitation on Claims — You agree that any claim you may have arising out of or relating to this Agreement or your relationship with us must be filed within one (1) year after the purported claim arose.  Otherwise, your claim will be permanently barred as untimely.  

Our Right of Assignment or Delegation — You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent.  We may freely assign or transfer this Agreement without restriction.  Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Force Majeure — AppLovin will not be in breach of this Agreement nor liable for any failure or delay in performance of any obligations under this Agreement (and, if applicable, the date for performance of the obligations affected will be extended accordingly) as a result of any event outside the reasonable control of AppLovin affecting its ability to perform any of its obligations under this Agreement, including an act of God, fire, flood, lightning, pandemic, compliance with any law or governmental order, rule, regulation or direction (including sanctions), war, revolution, act of terrorism, riot or civil commotion, strikes, locks outs and industrial action, failure of supplies of power, fuel, communication, transport, equipment, raw materials, or other goods or services.

#secondary