LiftWize EU Data Act Addendum

1. Applicability and Scope

• 1.1 This Data Act Addendum (“Addendum”) amends and forms an integral part of the Agreement between LiftWize DataStream Limited (“LiftWize”) and the Customer. This Addendum applies solely to Customers established in the European Union (EU) or European Economic Area (EEA) regarding the switching of services or deletion of data pursuant to Regulation (EU) 2023/2854 (the “EU Data Act”).

• 1.2 In the event of a conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail regarding the subject matter herein. Capitalized terms used in this Addendum shall have the same meaning as defined in the Agreement unless otherwise specified herein.

2. Right to Switch

• 2.1 A Customer is entitled to initiate a request to transition the Service and migrate its Customer Data to an alternative third-party provider or to its own infrastructure (“Switch Request”) by providing two (2) months prior written notice to LiftWize (the “Notice Period”). Following the expiration of the Notice Period, a mandatory transitional period of thirty (30) calendar days will commence (the "Transitional Period"). LiftWize will provide the necessary instructions, as required under the EU Data Act, for the Customer to export its Customer Data during the Transitional Period.

• 2.2 Customer understands and acknowledges that LiftWize operates primarily as a stateless data pipeline and does not permanently store raw marketing data on behalf of the Customer unless they have explicitly purchased and utilized custom LiftWize data imports or cloud storage features pursuant to an active Order Form. If the Customer has not purchased and utilized these specific storage features, the Customer acknowledges that there is no persistent Customer Data to be exported from the Service.

• 2.3 During the Transitional Period, LiftWize shall:

  • 2.3.1 Provide reasonable technical assistance to the Customer and third parties authorized by the Customer throughout the switching process;

  • 2.3.2 Act with due professional care to maintain operational business continuity and continue providing the core Services under the Agreement;

  • 2.3.3 Maintain a high level of system security, particularly regarding data extraction and export vectors;

  • 2.3.4 Provide information on known risks to service or pipeline continuity during the transition; and

  • 2.3.5 Fully erase all associated Customer Data and access tokens after the Transitional Period or a later mutually agreed date, in accordance with the DPA.

• 2.4 In the event that LiftWize deems the standard 30-day Transitional Period is technically impracticable due to pipeline complexity or architectural limits, LiftWize will notify the Customer within fourteen (14) business days of receiving the initial Switch Request. This notification will include a detailed explanation of the technical obstacles and propose an alternative timeline for the data export, which shall not exceed a total duration of seven (7) months.

3. Deletion Request

• 3.1 A Customer is entitled to initiate a request to permanently delete its Customer Data from the Service perimeters by creating a formal support ticket (“Deletion Request”). LiftWize will proceed with the Deletion Request in strict accordance with its automated internal purging timelines and data retention policies.

4. Term and Termination

• 4.1 The main Agreement will terminate automatically upon the occurrence of either:

  • (a) For Switch Requests, upon the successful completion of the switching process, or at the end of the Transitional Period, whichever occurs earlier; or

  • (b) For Deletion Requests, at the absolute conclusion of the designated Notice Period.

5. Fees and Charges

• 5.1 For the avoidance of doubt, the Customer must continue to pay all subscription fees and outstanding pipeline usage charges accrued up to the official date of contract termination.

• 5.2 If a Switch Request or Deletion Request results in the early termination of a fixed-term Order Form before its natural expiration date, the Customer remains fully liable for all outstanding subscription fees due for the remainder of the committed subscription term as detailed in the original Order Form.

6. Exclusion of Liability

• 6.1 In no event shall LiftWize, its suppliers, or its Affiliates have any liability to the Customer under or in relation to this Agreement for any indirect or direct damages, operational losses, technical costs, or administrative expenses arising out of or in connection with a Switch Request or Deletion Request. This total exclusion of liability includes, but is not limited to, any issues related to downstream Customer Data integrity or loss, system downtime, cross-platform API compatibility issues, or any other infrastructure disruptions or failures that may occur during or as a direct result of a Switch Request or Deletion Request.