This EU Data Act Addendum (“Addendum”) is part of the Agreement between Fixably Ltd. and Customers registered within a member state of the European Union or European Economic Area (EU/EEA). This Addendum applies to requests submitted by Customers for the switching of services or the deletion of data, in accordance with Regulation (EU) 2023/2854 of the European Parliament and of the Council, dated December 13, 2023, concerning harmonized rules on fair access to and use of data (the “EU Data Act”). This Addendum’s terms apply only to Agreements formed or orders placed on or after September 12, 2025.
Unless otherwise stated herein, capitalized terms shall have the meaning given in the Terms of Service.
“Customer Data” means exportable data and digital assets necessary for the implementation of the Customer's data in a new environment, excluding any Exempted Data.
“Exempted Data” means any data that is excluded from the scope of Customer Data, including but not limited to (a) data relating to the internal operations or functionality of the Service, (b) data protected by intellectual property rights pursuant to the Terms of Service, and (c) data that constitutes a trade secret of Fixably or any third party.
“Notice Period” means the minimum two (2) month period following Fixably's receipt of a valid Switching Notice.
“Service” means the Data Processing Services provided by Fixably under the Agreement.
“Switching” means the process initiated by the Customer to either (a) change to a different provider of Data Processing Services, (b) migrate to an on-premises ICT infrastructure, or (c) erase Customer Data.
“Switching Notice” means the written notification submitted by the Customer to Fixably indicating its intention to initiate a Switching process.
“Transitional Period” means the thirty (30) calendar day period following the expiry of the Notice Period during which Fixably enables the Switching process. The Customer has the right to extend the Transitional Period once by notifying Fixably in writing before its expiry.
Customer may submit a Switching Notice to Fixably indicating its intention to:
(i) Switch to a different provider of Data Processing Services;
(ii) Switch to an on-premises ICT infrastructure; or
(iii) Erase its Customer Data.
A third party authorized by the Customer may submit the Switching Notice and carry out the Switching process, provided it includes verifiable proof of authorization.
The Switching Notice must specify:
(i) The relevant Services and Customer Data;
(ii) The intended destination (alternative provider or on-premises infrastructure); and
(iii) Whether the Customer seeks erasure only.
Once Fixably has received the Switching Notice, Fixably shall evaluate whether the Switching Notice qualifies to initiate the Switching process as set out in the Data Act.
Upon expiry of the Notice Period, Fixably shall enable the requested Switching without undue delay during the Transitional Period, unless technically unfeasible. In such cases, Fixably shall notify the Customer within fourteen (14) business days, explaining the reasons and proposing a revised Transitional Period not exceeding seven (7) months.
During the Transitional Period Fixably shall:
(i) Provide reasonable assistance to the Customer and authorized third parties;
(ii) act with due care to maintain business continuity;
(iii) inform the Customer of known risks to continuity;
(iv) ensure high-level data security during transfer and retrieval;
(v) allow data retrieval for at least thirty (30) calendar days after the Transitional Period; and
(vi) erase all Customer Data except as required by applicable law after the Transitional Period or a later agreed date.
In order to complete the Switching process, the Customer shall:
(i) extract the Customer Data; and
(ii) cease use of the Service.
The Customer shall notify Fixably in writing upon completion of the Switching process. If the Customer fails to complete the steps of the Switching process and/or provide the completion notice by the end of the Transitional Period, the Switching process shall be deemed lapsed.
For Switching Notices submitted prior to 12 January 2027, if the Switching process involves a disproportionate amount of work due to circumstances not attributable to Fixably, Fixably shall be entitled to invoice the Customer for reasonable switching charges in accordance with its standard support fees.
The Agreement shall automatically terminate:
(i) Upon completion of the Switching process; or
(ii) At the end of the Notice Period, if the Customer opts only for erasure.
Termination does not relieve the Customer of payment obligations for Services rendered prior to the termination date. Any remaining subscription fees shall be payable as an early termination fee. Fixably shall continue providing Services until the termination date or end of the subscription term, whichever is earlier.
In the event of any conflict or inconsistency between the Terms of Service and this Addendum, the terms of this Addendum will control over the Agreement.
Fixably Oy (Ltd.) © 2026