Applicability

1. This EU Data Act Addendum ("DAA") sets out the specific rights and obligations of the Customer and us when the Customer wishes to exercise its rights under the EU Data Act to switch to another provider or to an on-premise ICT infrastructure. This DAA applies solely to the provision of Services to Customers located in the European Union, or to whom the EU Data Act is otherwise applicable.

2. The terms of this DAA are incorporated into and form part of the Contract.

3. This DAA does not apply to: (i) any bespoke or custom services not generally available to all customers; or (ii) any non-production, testing or BETA versions of the Services.

2. Definitions

All terms in capitals used in this DAA shall have the meaning set out in the Contract unless defined otherwise in this DAA.

3. Conflicts

In the event of any conflict between the terms of this DAA and the terms of the Contract, the terms of this DAA will prevail solely with respect to the subject matter herein.

4. Switching

   1. To initiate the Switching Process the Customer must give us written notice of its intention to: (i) switch to a different Destination Provider; or (ii) erase its Exportable Data, and where applicable Digital Assets; (each a “Switching Noticeˮ). 

2. The Customer must specify in the Switching Notice the services, Exportable Data or Digital Assets that it wishes to switch: and (i) where the Customer intends to switch to a new Destination Provider the necessary details of the Destination Provider or whether the Customer wishes to switch to its own on-premises ICT infrastructure; or (ii) whether the Customer does not wish to switch but only to erase its Exportable Data and Digital Assets.

3. If the Customer wishes to switch to a different Destination Provider, the Customer shall take reasonable measures to achieve effective switching. The Customer will be responsible for the import, implementation, and configuration of Exportable Data and Digital Assets in its own systems or in the systems of the Destination Provider.

4. Any concerns or disputes relating to the Switching Process shall be addressed in good faith discussions between the parties and, if unresolved, escalated pursuant to the dispute resolution procedures set out in the Contract.

5. A written Switching Notice must be sent to us no later than 2 months prior to the start of the Switching Process, (“Notice Periodˮ). The Customer shall continue to pay all Fees in full in accordance with the Contract during the Notice Period.

6. We shall use reasonable efforts to facilitate completion of the Switching Process within 30 days of the end of the Notice Period, (“Transitional Periodˮ).

5. Transitional Period

   1. We shall provide reasonable support to the Customer and third parties authorised by the Customer to switch to the Destination Provider during the Transitional Period.

2. If technical complexity necessitates a longer Transitional Period, we shall notify the Customer within 14 calendar days of receiving the Switching Notice. We will duly justify the technical or other obstacles that prevent switching within the Transitional Period and indicate an alternative Transitional Period, which shall not exceed 7 months following the Notice Period, (“Our Extension Notice”).

3. The Customer may request one extension to the Transitional Period for a reasonable period, by giving us written notice, not later than 1 month before the Transitional Period would otherwise expire stating the alternative Transitional Period requested, (“Customer Extension Notice”). We shall consider the request and use reasonable efforts to comply with the Customer’s request.

4. The Customer shall continue to pay all Fees in full in accordance with the Contract during any Transitional Period.

6. Data Portability and Deletion

   1. We shall retain Exportable Data and Digital Assets for a period of 30 days after the Transitional Period expires, (“Retrieval Period”). The Customer may export or delete Exportable Data or Digital Assets during the Retrieval Period. The Customer is not entitled to receive: (i) usage data; (ii) source code; (iii) algorithms; or (iv) any assets or data protected by intellectual property rights or constituting a trade secret of us or of any third parties.

2. At the end of the Retrieval Period, we shall delete all Exportable Data and Digital Assets, except for any Exportable Data or Digital Assets that we are required to retain under applicable laws.

3. The Customer shall continue to pay all Fees in full in accordance with the Contract during any Retrieval Period.

4. The Customer is solely responsible for the import and implementation of Exportable Data or Digital Assets into their new systems.

7. Customer Obligations

   1. Throughout the Switching Process, the Customer shall: (i) to the extent technically possible, self-export Exportable Data or Digital Assets directly from the Services; (ii) import and implement Exportable Data and Digital Assets to the Customer’s on-premises ICT infrastructure or the systems of the Destination Provider; and (ii) comply with the Customer’s confidentiality obligations under the Agreement.

2. The Customer shall promptly notify us in writing once the Switching Process has been completed. If we are not notified of such completion, we will assume the Switching Process is completed at the end of the Retrieval Period.

3. The Customer or third parties authorised by them, including the Destination Provider undertake to respect the intellectual property rights and confidentiality of any materials provided in the Switching Process by us, as well as our trade secrets. Any disclosure of our confidential information to a third party (including any Destination Provider) is subject to our prior written approval and shall be limited to what is necessary to complete the Switching Process until the end of the agreed Transitional Period, including any extension thereto.

4. If the Customer authorises a third party to manage or perform all or any part of the Switching Process on its behalf the Customer must: (i) grant such third party the necessary permissions and access rights on its account with us; and (ii) if requested by us, provide any information that we may reasonably request evidencing the appointment of such third party and their acceptance to be bound by the Customer’s obligations under this DAA (and, where relevant, the Contract) to the same extent as if those obligations were their own.

8. Our Obligations

   1. Throughout the Switching Process, we shall: (i) provide clear information concerning known risks to continuity in the provision of the Services which are attributable to us; (ii) act with due care to maintain business continuity; (iii) continue the provision of the Services under the Contract; and (iv) ensure an appropriate level of security is maintained throughout the Switching Process, in particular the security of the Exportable Data and Digital Assets during their transfer and the continued security of the Exportable Data and Digital Assets during the Retrieval Period, in accordance with applicable law.

2. We shall support the Customer’s exit strategy related to the Services by ensuring relevant information related to the Switching Process is made available at www.letsflo.co/legal which shall include an exhaustive list of all categories of Exportable Data and Digital Assets that can be exported during the Switching Process.

3. Where the Exportable Data and Digital Assets cannot be exported from the Services by the Customer, we will provide the Customer with a switching and exit plan, (“Plan”) that includes the porting methods and formats and steps required to carry out the Switching Process. We will update the Plan when necessary and check, at the Customer’s request, if changes to the Plan are required.

9. Switching Charges

   1. Switching Charges will be charged for the provision of Switching assistance up until the 12th of January 2027 on a time and materials basis at the rate we charge for professional services, as set out in each Order Form, or where such fees are not included in an Order Form at our standard rate at the time the Switching Notice is received, where it is impossible for the Customer to switch away from the Services provided by us without needing us to provide assistance.

2. Switching Charges are payable upon receipt of each invoice, unless agreed otherwise in writing between the parties.

10. Termination of the Contract

    1. In addition to any other termination provisions set out in the Contract, the parties agree and acknowledge that the Contract may be terminated by the Customer with effect from: (i) the day after the Customer notifies us of the completion of the Switching Process; or (ii) the end of the Retrieval Period; or (iii) the end of the Notice Period if the Customer has requested us to erase the Exportable Data and, where applicable, Digital Assets.

2. Upon written request of the Customer, we will confirm termination of the Contract to the Customer, within 10 days of receipt of such a request.

11. Eary Termination Fees

    1. The Customer acknowledges pricing for the Services with fixed annual or multi-year terms and minimum spend commitments is generally lower than for the Services purchased without such commitments. The Customer further acknowledges that, for any Services subject to fixed annual or multi-year terms, the Customer had the option to purchase those Services on a monthly renewing basis. Accordingly, if the Customer exercises their rights under this DAA, to terminate the Contract early, before expiry of any fixed Initial Subscription Term or fixed Renewal Period, the Customer must pay an early termination fee equal to the amount of the Fees that the Customer would have been obliged to pay to us for the entire fixed Term of the Agreement, if the Contract had not been terminated early by the Customer under this DAA, (“Early Termination Fee”).

2. For Fees tied to usage, the Early Termination Fee shall include the value of any minimum usage commitments for the Services from the effective date of termination set out in clause 10.1(i), (ii) or (iii), as applicable, until the conclusion of the Initial Subscription Term or Renewal Period, as applicable, regardless of whether the effective date of termination occurs before the end of either the Initial Subscription Term or the Renewal Period. 

3. The Customer shall receive no refunds of unused prepaid Fees. 

4. The Customer shall not be entitled to any discounts for any Fees corresponding to the Services where the Contract is terminated early. Any discounts already applied to past or future Fees shall no longer apply and the Eary Termination Fee will be the full non-discounted sum payable for the original Term of the Contract, or each Order Form, as applicable.

5. All Early Termination Fees are immediately due and payable upon termination of the Contract and each Order Form. 

12. Notices

All notices under this DAA are to be sent by email as follows: (i) to the Customer’s email address for the administrator of the Customer account or, if no administrator is designated, to the email address used for receipt of invoices by the Customer. The Customer is responsible for updating its information with us, including providing us with an up to date email address for the provision of notices under the Contract; and (ii) to us to: legal@letsflo.co

13. Applicable Law and Courts

This DAA shall be governed by and construed in accordance with the same law and courts as set out in the Contract.

This DAA was last updated on the 28th of October 2025 and this version replaces any other DAA previously applicable, from this date.