Applicability. This Addendum applies only if Customer’s billing address in the Order Form is in the European Economic Area. To the extent of any conflict or inconsistency between this Addendum and the remaining terms of the Agreement, this Addendum will govern. 

Purpose. This Addendum implements requirements of the EU Data Act and clarifies Customer’s rights and Everlaw’s obligations in relation to Switching, data portability, and data deletion. The parties will work in good faith related to Switching from the Service, including reasonable cooperation with alternative service providers designated by Customer. 

Switching. Switching is permitted at any time and at no additional cost beyond the fees due under Customer’s applicable Order Form. Customer may initiate Switching by providing no less than 60 days’ notice to Everlaw, indicating that it intends to switch from the Service to another service provider identified by Customer and whose information Customer provides to Everlaw, or to Customer's on-premises ICT infrastructure (the “Notice Period”). Customer may export, alone or with Everlaw’s support, its Exportable Data during: (A) the 30 day period following expiry of the Notice Period (the “Switching Period”); and (B) the Notice Period. The Switching Period may be extended (A) once by Customer for a period it reasonably considers appropriate; or (B) once by Everlaw for technical reasons, provided that Everlaw informs Customer with justification within 14 business days after Everlaw’s receipt of the Switching request. Customer must notify Everlaw once the Switching process is complete and Customer has ceased using the Service. If Everlaw is not notified, Everlaw may assume completion at the end of the applicable Switching Period. The Agreement will be considered terminated upon either completion of the Switching process or upon expiry of the Notice Period where Customer does not wish to switch providers but to erase its Exportable Data. All notices sent by Customer pursuant to this Addendum must be provided in accordance with the notice provisions of the Agreement. 

Everlaw's Obligations. Everlaw will provide reasonable assistance to Customer and any new service provider designated by Customer during the Switching Period to ensure an effective Switching process. Throughout the Switching Period, Everlaw will act with due care to maintain business continuity and ensure an appropriate level of security for the Exportable Data being transferred.

Fees. During the Switching Period (including any extension period under Section 3), the Agreement remains in full force and effect and Customer will pay all applicable fees and will be billed in accordance with the terms of the applicable Order Form. Upon completion of the Switching process (as described in Section 3), Everlaw will issue a final invoice (if applicable) covering all payment obligations under the applicable Order Form. For the avoidance of doubt, Customer will not be entitled to any refund or discount of fees under the applicable Order Form, including where the Agreement terminates prior to the end of the then-current Term.

Data Retrieval and Deletion. Customer may download its Exportable Data to CSV, PDF, and Zip formats at any time during the Subscription Term, including the Switching Period, and within a 30 day grace period following termination of the Subscription. Following such grace period, Everlaw will delete all Exportable Data, including copies, still in its possession or control, within a commercially reasonable timeframe, except that this requirement will not apply to the extent Everlaw is required to retain some or all of the Exportable Data as required by applicable law. 

Definitions. 

1. EU Data Act means Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828.

2. Exportable Data means the data included in the Customer's Case Materials, as described in Schedule 2 of the DPA. For clarity, Exportable Data does not include Controller Data, as described in Schedule 1 of the DPA.

3. Switching means Customer’s one-time transfer of Exportable Data from the Service to another service provider identified by Customer and whose information Customer provides to Everlaw, or to Customer's on-premises ICT infrastructure.