Terms and conditions of purchase

CHARGES, FEES, PAYMENT AND TAXES. Fee(s) details are described on this purchase confirmation page and in your invoice. You are responsible for all of your fees, charges and expenses in connection with the Services and X Content. For any Services and X Content received, you will pay X for all charges and fees you incur in connection with the Services and Content and in the currency designated by X. You are required to prepay for the Services and data which will be charged monthly in accordance with the terms herein. You authorize X to bill your credit card or charge card (“Credit Card”), for any and all charges and fees you incur in connection with the Services or X Content, including recurring payments. The types of Credit Cards that X accepts and the timing of the billing of the charges and fees may vary according to the Services and country; however, X does not knowingly accept debit cards and you should not provide a debit card as a form of payment. You are responsible for keeping your Credit Card information (including your name, address, card or account number, CVV number and expiration date, as applicable) on file with X current, and you also authorize X to update your Credit Card information with data X obtains from your financial institution, the issuer of your Credit Card, or from Mastercard, American Express, or Visa. You authorize X (i) to retain your Credit Card information for as long as is necessary to meet all of your payment obligations to X or until such time as you revoke this authorization in accordance with procedures X provides, whichever is later, and (ii) to share your Credit Card and related billing and payment information with companies who work on our behalf, such as payment processors and/or credit agencies, for the purposes of checking credit, effecting payment, sanction screening, and servicing your account. Any revocation by you of this authorization will become effective when all charges and fees associated with your use of the Services and X Content have been fully satisfied, in our sole discretion. Your revocation of this authorization will have no effect on your liability for incurred charges and fees through your access to the Services and data. You must cancel your Services and X Content prior to your renewal date in order to not incur fees and charges for the following billing cycle. If you upgrade or increase your X Content access prior the end of your billing cycle, X shall apply a prorated credit (if necessary based on your current access) to your increased pro-rated fees for the remainder of the billing cycle and your full fees for the upgraded access shall be applied at the start of the next cycle. You shall owe all fees for the remainder of your billing cycle if X terminates your access due to breach or suspends your access under the Developer Agreement. All payments are non-refundable and X’s property. Charges and fees do not include any applicable sales, use, value-added, withholding, excise, or any other taxes or government charges, which are payable by you and are in addition to any amounts due to X hereunder. If withholding taxes are imposed by any jurisdiction on the transactions described in this Agreement, you will pay such taxes so that X receives the full amount invoiced, without offset or deduction, and you will promptly provide to X the applicable certificates and receipts regarding such remittances. In addition, a surcharge may be applied to recover costs associated with Digital Services Tax (DST) or similar jurisdiction-specific taxes or regulatory fees incurred by X in certain jurisdictions. This surcharge may appear as a separate line item on your invoice, where applicable, and will be calculated as a percentage of applicable charges, as determined by X in its sole discretion. X may adjust this surcharge at any time, without prior notice, in response to increased tax or fee rates or related administrative costs. None of your pre-printed forms, purchase orders and/or clickthrough or shrinkwrap terms, whether or not signed by or accepted by X, will apply, and all such terms shall automatically be null and void. If you enter into this Agreement in the United States,  X Corp., with an office located at 865 FM 1209, Building 2, Bastrop, TX 78602, USA is the contracting entity. If you enter into this Agreement outside of the United States, X Internet Unlimited Company, with its registered offices at One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Ireland (“TIUC”) is the contracting entity.

DATA PROTECTION ADDENDUM (“DPA”). This DPA supplements and amends the Developer Agreement. TIUC controls some of the X Content, as set forth in the X Privacy Policy (https://x.com/privacy), and has authorized X to license such X Content under the Developer Agreement (such data, the “TIUC Data”). To the extent that you are relying upon the EU Commission’s implementing Decision pursuant to Directive 95/46/EC on the adequacy of the protection provided by the EU-U.S. Data Privacy Framework (the “DPF”) and are certified under the DPF to receive categories of data which include the TIUC Data, you represent and warrant that you will comply with the DPF principles. Without limiting the foregoing, if for any reason you are unable to comply with such principles or your DPF certification should end, you will immediately notify X and take reasonable and appropriate steps to remedy any non-compliance, or cease access to the X API and use of any and all TIUC Data. If a transfer of the TIUC Data by you are not covered by the DPF, and then only if you are located or transfer such TIUC Data out of (a) the European Economic Area, or (b) a jurisdiction where an EU Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC is in force and covers such transfer, then use of such TIUC Data is subject to the model contractual clauses annexed to EU Commission Decision 2004/915/EC (the “Clauses”), which are hereby incorporated into this Agreement. In such cases, TIUC is the ‘data exporter’ and you are the ‘data importer’ as defined in the Clauses, and you select option (iii) of Clause II(h) and agree to the data processing principles of Annex A to the Clauses. For the purposes of Annex B to the Clauses, the following shall apply: (i) ‘Data subjects’ are the users of the X Applications or individuals whose personal data is in the TIUC Data; (ii) the ‘Purpose of the transfer(s)’ is the performance of the Developer Agreement and the provision of services by you to Users; (iii) the ‘Categories of data’ are the TIUC Data as defined herein; (iv) the ‘Recipients’ are Users and you; (v) ‘Sensitive data’ is personal data regarding an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life, criminal convictions or alleged commission of an offense; and (vi) the ‘contact points for data protection enquiries’ are the representatives of TIUC and you with responsibility for data privacy.