Amplitude Terms of Service

This document governs access to and use of Amplitude's digital analytics platform, including product analytics, session replay, experimentation, and related services, and is structured as a binding contract between Amplitude, Inc. and the subscribing entity ('Customer'), with a separate Order Form or online checkout process establishing specific commercial terms. The agreement states that Customer Data remains the property of the Customer while granting Amplitude a limited license to process that data solely to provide the services, and the terms authorize Amplitude to collect and use 'Operational Data' (data about Customer's use of the platform) for its own business purposes including product improvement, which is a distinct data category from Customer Data. The terms impose a broad mutual indemnification structure, a mutual limitation of liability capping damages at fees paid in the preceding twelve months, and a disclaimer of consequential damages, with the Customer bearing significant responsibility for its own end users' compliance and for ensuring lawful collection of data sent to Amplitude; the agreement also permits Amplitude to modify pricing with notice and to suspend or terminate service for breach. The agreement engages GDPR and CCPA frameworks primarily through incorporation by reference to Amplitude's Data Processing Agreement and Privacy Policy, and the treatment of Operational Data for Amplitude's own purposes may warrant evaluation under GDPR's data minimization and purpose limitation principles, as well as CCPA's definitions of sale and sharing. Compliance teams should note that the DPA is a separate document whose terms govern data processing obligations, meaning the ToS alone does not fully capture the data protection framework, and that Amplitude's role as a data processor versus independent controller with respect to Operational Data creates a material distinction that should be assessed in any vendor due diligence exercise.