1. Switching and Deletion Rights

Customer may submit a request at any time during its subscription term, with a 2-month notification period, to either:(a) Switch services and migrate Customer data to a different service provider or to Customer’s own infrastructure (“Switching Request“); or(b) Delete Customer data from the Services (“Deletion Request“).Switching and Deletion Requests must be submitted in writing to Attensi.

2. Data Export Process

For Switching Requests, Attensi will:

– Provide Customer with instructions and access to export Customer data within 30 calendar days after the end of the 2-month notification period (“Transition Period“);

– Inform Customer within 14 business days if the Transition Period is technically unfeasible, providing a reasonable explanation and proposing an alternative Transition Period not exceeding 7 months;

– Provide reasonable technical assistance throughout the switching process and maintain the agreed level of security and business continuity;

– Inform Customer of any known risks to service continuity or technical limitations resulting from the switching process.

Customer must notify Attensi in writing once the export of Customer data is completed.

3. Data Deletion Process

For Deletion Requests, Attensi will delete Customer data in accordance with its standard data retention and deletion procedures as documented in Attensi’s Security and Privacy documentation, available at https://attensi.com/privacy-policy/.

4. Termination and Early Termination Fee

Customer’s subscription will automatically terminate on the earlier of:

(a) For Switching Requests: upon Customer’s written notification to Attensi that data export is complete (or, if no notification is provided, at the end of the Transition Period); or

(b) For Deletion Requests: 2 months after Attensi receives the Deletion Request.

Early Termination Fee: Termination under this Section does not relieve Customer of its obligation to pay fees due for the period prior to termination. Customer must pay any outstanding subscription fees covering the remainder of any Order Form’s Initial Term and termination for convenience notice period as an early termination fee. Attensi will not charge any other switching fees or penalties beyond this early termination fee.

Attensi will continue to provide the Services in accordance with the Agreement until the termination date.

5. Exclusions

EU Data Act switching and deletion rights do not apply to:

– Beta, trial, or preview features;

– Services provided specifically for testing and evaluation purposes (such as sandbox environments);

– Services custom-built specifically for Customer that are not offered commercially to other customers.

6. Customer Responsibilities

Customer is solely responsible for:

– Ensuring it has all necessary rights and permissions to submit Switching or Deletion Requests, including from any Affiliates, subsidiaries, or end users who may be affected;

– Verifying the successful export and integrity of Customer data;

– Coordinating with any receiving service provider;

– Ensuring compatibility with any alternative service provider.

7. Limitation of Liability

To the extent permitted by applicable law, Attensi’s liability in connection with EU Data Act Switching or Deletion Requests is limited to providing the data export functionality and reasonable technical assistance as described in this document. Attensi is not liable for:

– Data integrity issues, data loss, or corruption occurring during or after export;

– Compatibility issues with third-party service providers;

– Service interruptions or downtime during the Transition Period;

– Costs incurred in migrating to alternative services.

Customer assumes full responsibility for the successful completion of data migration or deletion and for ensuring business continuity during the transition.

 


Last updated: 2025-11-06
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