EU Data Act Addendum
Updated 16 March 2026
1. Applicability and Scope
1.1 This Data Act Addendum (“ Addendum ”) amends and forms an integral part of the Agreement between Supermetrics 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 in this Addendum shall have the same meaning as in the Agreement unless otherwise defined 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 on-premise infrastructure (“ Switch Request ”) with two (2) months prior written notice to Supermetrics (the “ Notice Period ”). Following the expiration of the Notice Period, a mandatory transitional period of thirty (30) calendar days will commence (the " Transitional Period "). Supermetrics 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 Supermetrics does not store data on behalf of Customer unless they have purchased and used “Supermetrics Storage” or “Custom Data Import” pursuant to an Order Form. If Customer has not purchased and used “Supermetrics Storage” or “Custom Data Import”, Customer acknowledges that there is no Customer Data to be exported from the Service.
2.3 In addition to the foregoing, during the Transitional Period, Supermetrics shall:
2.3.1 provide reasonable assistance to the customer and third parties authorised by the customer in the switching process;
2.3.2 act with due care to maintain business continuity and continue providing Services under the Agreement;
2.3.3 maintain a high level of security, particularly regarding data export;
2.3.4 provide information on known risks to service continuity; and
2.3.5 fully erase Customer Data after the Transitional Period or a later agreed date.
In the event that Supermetrics deems the standard Transition Period is technically impracticable, Supermetrics will notify the Customer within fourteen (14) business days of receiving the 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 seven (7) months.
3. Deletion Request
3.1 A Customer is entitled to initiate a request to delete its Customer Data from the Service by creating a support ticket (“ Deletion Request ”). Supermetrics will proceed with the Deletion Request in accordance with its deletion processes.
4. Term and Termination
4.1 The Agreement will terminate automatically upon either (a) For Switch Requests, upon completion of the switching process, or at the end of the Transitional Period, whichever is earlier; or (b) For Deletion Requests, at the end of the Notice Period.
5. Fees and Charges
5.1 For the avoidance of doubt, Customer must continue to pay all fees accrued up to the date of termination.
5.2 If a Switch Request or Deletion Request results in the termination of a fixed-term Order Form before its end date, Customer remains liable for all subscription fees due for the subscription term as detailed in the Order Form.
6. Exclusion of Liability
6.1 In no event shall Supermertrics have any liability to Customer, or their Affiliates, under or in relation to this Agreement for any damages, losses, costs, or expenses arising out of or in connection with a Switch Request or Deletion Request. This exclusion of liability includes, but is not limited to, any issues related to Customer Data integrity or loss, system downtime, compatibility issues, or any other disruptions or failures that may occur during or as a result of a Switch Request or Deletion Request.