EU Data Act Addendum
Last modified: April 21st, 2026
This EU Data Act Addendum ("Addendum") is incorporated by reference into the Saidot Master Terms of Service and forms part of the Agreement. This Addendum governs switching and deletion requests in accordance with Regulation (EU) 2023/2854 (the "Data Act"). Capitalised terms not defined herein have the meaning given in the Agreement. Where this Addendum conflicts with the Agreement on matters within its scope, the terms of this Addendum take precedence.
Scope and Definitions
This Addendum applies to Customers registered in a member state of the European Union or European Economic Area. This Addendum only applies if the Customer Location entered into Saidot Organisation is within the European Economic Area and does not apply to services provided to accounts with a Customer Location outside the European Economic Area.
A Customer may submit a request to: (a) export their Exportable Data from the Cloud Services to an alternative provider of the same service type to enable switching; (b) export their Exportable data to its own on-premises infrastructure; or (c) erase its Exportable Data from the Cloud Services upon termination of the Agreement.
“Destination Provider” means a different provider of Data Processing Service covering the same service type.
"Notice Period" means the notice period of up to two (2) months prior to initiating a switching request or deletion request;
“Exportable Data" means Exportable Data and Digital Assets you may transfer from Cloud Services during the Switching process, as detailed in Exporting data from Saidot.
"Switching" means transition from the Cloud Services to another data processing service provider or to on-premises ICT infrastructure.
"Transition Period" means the period of thirty (30) calendar days following the Notice Period, for completing the export of Exportable Data.
Requesting Process
2.1. Customer may request at any time during a Subscription Term to: (a) transition the Cloud Service and export Customer’s Exportable Data to an alternative provider of data processing services or to its own on-premise infrastructure (a ‘Switching Request’), or (b) erase Customer’s Exportable Data from the Cloud Service (‘Deletion Request’). All requests are subject to a two (2) month Notice Period and must be clearly identified as a request under the EU Data Act and submitted to legal@saidot.ai.
Switching Process
3.1. Upon receipt of a valid Switching Request, the Switching process starts and the two (2) month Notice Period begins. After the end of the Notice Period, the thirty (30) calendar day Transition Period commences for Customer to complete the Switching. Upon the Customer's written request, the Transition Period can be extended. Such request of extension of the Transition Period must be provided to Saidot before the end of the original transition period. Additionally, where adherence to the thirty (30) days transition period is technically unfeasible, Saidot will notify Customer within fourteen (14) business days of the Switching Request. The notification will contain a detailed explanation and alternative timeline for Transitional Period, which shall not exceed seven (7) months.
3.2. During the Switching process, Saidot shall:
(i) make available appropriate application programming interfaces (APIs) and related documentation necessary for extracting and transferring data;
(ii) provide reasonable assistance to Customer and any third parties authorised by Customer in the switching process;
(iii) act with due care to maintain business continuity and continue to provide the Cloud Services under the Agreement;
(iv) provide clear information concerning any known risks to continuity of the Cloud Services on the part of Saidot; and
(v) maintain the security of the Cloud Services throughout the switching process.
3.3. Customers are responsible for:
(i) exporting the Exportable Data to their chosen alternative provider or to their on-premises ICT infrastructure;
(ii) completing the export of Exportable Data within the Transition Period; and
(iii) promptly notifying Saidot in writing of successfully completing the export of Customers' Exportable Data.
3.4. Customer may appoint a third-party provider, including Customer's Destination Provider, to act on its behalf during the Switching process. The customer must identify and authorise any such third party in writing and provide the necessary information to Saidot.
Deletion Process
4.1. Upon receipt of a valid Deletion Request, Saidot will proceed with the deletion of the Customer’s Exportable Data at the end of the two (2) month Notice Period.
Termination
5.1. The Agreement shall automatically terminate on the ‘Effective Termination Date’, which is defined as either:
(i) For a Switching Request: upon Customer notifying Saidot in writing of the successful export of Customer’s Exportable Data or, in the absence of such notification, at the end of the Transition Period;
(ii) For Deletion Request: upon expiration of the Notice Period.
5.2. For the avoidance of doubt, such termination will not relieve Customer of its obligation to pay all fees accrued or payable up to the Effective Termination Date. Moreover, Customer shall pay an early termination fee equivalent to three times the monthly Subscription Fee applicable in the last full calendar month immediately preceding Customer's notice of termination. Saidot will continue to provide the Cloud Services in accordance with the Agreement until the Effective Termination Date of the Agreement.
5.3. Following the Transition Period after Switching, Saidot will retain Customer’s Exportable Data for a period of thirty (30) calendar days for retrieval purposes. After the expiry of such period, Saidot will permanently delete all Exportable Data, unless Customer has requested an extended retention in writing. Alternatively, if Customer requested deletion of their Exportable Data, Saidot will permanently delete all Exportable Data at the end of the Notice Period.
Limitation of Liability
6.1. Consistent with the warranty disclaimers and limitation of liability provisions of the Master Terms of Service, Saidot is not responsible for: (i) data compatibility of functional equivalence in destination systems; (ii) any implementation or transformation requirements for Exportable Data in destination systems; or (iii) any actions of third parties, including Destination Providers, authorised by Customer to act on their behalf. Customer acknowledges responsibility for the import, implementation, and compatibility of Exportable Data into its own systems or those of any Destination Provider.
6.2. Customer will indemnify, defend, and hold Saidot and its Affiliates harmless against any claims from Customer's Authorised Users, Affiliates, Destination Providers, or other third parties to the extent that such claims arise out of or in connection with Customer's Switching Request or Deletion Request, except for claims arising directly from Saidot's breach of this Addendum.
Exclusions
7.1. This Addendum applies to the Cloud Services as specified in the applicable Order Form. In accordance with the Data Act, the switching obligations in this Addendum do not apply to non-production environments of the Cloud Services.