EU Data Act Addendum

Effective September 12, 2025

Abnormal AI

EU Data Act Addendum

This EU Data Act Addendum (“Addendum”) supplements and forms an integral part of the Abnormal Cloud Terms of Service or other existing customer agreement between Abnormal and Customer applicable to use of the Service (the “Agreement”). This Addendum applies solely to the provision of the Service to Customers who are registered in a member state of the European Union or European Economic Area (“EU/EEA”) and who have billing addresses in the EU/EEA, but does not apply to any Trials and Betas provided for testing and evaluation purposes for a limited period. Unless otherwise stated herein, defined terms shall have the meaning given in the Agreement.

1. Definitions
1. 1.1. "Data Act" means Regulation (EU) 2023/2854.
2. 1.2. "Exportable Data" shall have the meaning as defined in Article 2(38) of the Data Act.
3. 1.3. "On-Premises ICT Infrastructure" means as defined in Article 2(33) of the Data Act.
4. 1.4. "Successful Switch" means the completion of the attempted data export by Customer of its Exportable Data in a manner that has maintained the integrity and completeness of the Exportable Data as they were prior to export.
5. 1.5. “Switching” or “Switch” shall have the meaning as defined in Article 2(34) of the Data Act.
2. Switching process
1. 2.1. If Customer wishes to initiate Switching with respect to the applicable Service, Customer shall give Abnormal two (2) months’ notice (the “Switching Notice”, “Switching Notice Period”) and include in such notice whether at the end of the Switching Notice Period Customer intends to: (a) switch to a different service provider and shall in this case provide the necessary details of the new service provider, (b) switch to an On-Premises ICT Infrastructure of Customer, or (c) not to switch but only requires deletion of its Exportable Data.
2. 2.2. The Parties shall cooperate in good faith to make the Switching process effective, enable the timely transfer of Exportable Data, and maintain the continuity of the Service and Support until the Effective Termination Date.
3. Transitional Period
1. 3.1. Abnormal shall use reasonable efforts to facilitate completion of the Switching within thirty (30) days after the Switching Notice Period ends (“Transitional Period”).
2. 3.2. In the event, Abnormals deems that a Successful Switch cannot be completed within the Transitional Period because it is not technically feasible, Abnormal shall: (a) notify Customer within fourteen (14) business days after receiving the Switching Notice, and (b) indicate an alternative Transitional Period, which must not exceed seven (7) months. Customer shall confirm the receipt of such extension notice within five (5) business days.
3. 3.3. Customer also may request an extension of the Transitional Period once for a reasonable duration which shall not exceed the Agreement’s Subscription Term. Customer must notify Abnormal of any requested extension of the Transitional Period no later than thirty (30) days before the Transitional Period otherwise would end and indicate the alternative Transitional Period.
4. Obligations of Abnormal during Switching.
1. 4.1. To the extent required by the Data Act, during the Transitional Period Abnormal shall: (a) provide reasonable assistance to Customer and third parties authorized by Customer in the switching process, (b) act with due care to maintain business continuity, and continue the provision of the Service under the Agreement, (c) provide clear information concerning known risks to continuity in the provision of the Services on the part of Abnormal, and (d) maintain the level of security as described in the Security Exhibit throughout the switching process, in particular the security of Customer Data during their transfer and the continued security of Customer Data during the retrieval period in accordance with applicable Law.
2. 4.2. Subject to Section 8, Abnormal shall reasonably support Customer’s exit strategy relevant to the Services, including by providing all relevant information.
5. Customer’s obligations and Assumption of Risk
1. 5.1. Customer shall take all reasonable measures to achieve a Successful Switching. Customer shall be responsible for the import and implementation of Exportable Data in its own systems or in the systems of their new service provider. Accordingly, Customer acknowledges that Abnormal shall have no liability to Customer as a result of: (a) Customer's use of any Abnormal provided tools and interfaces used for Switching outside the instructions provided by Abnormal; (b) any acts or omissions of any party involved in Switching, other than Abnormal; or (c) Customer’s use of any third-party tools, interfaces and systems used in respect of Switching that are not provided by Abnormal (including any new service provider systems).
6. Data retrieval and Deletion of data
1. 6.1. Abnormal shall provide Customer access to the Service during the thirty (30) days from the end of the Transitional Period (“Data Retrieval Period”) to enable Customer to export its Exportable Data. At the end of the Data Retrieval Period, if there has been a Successful Switch, where the Customer has elected to Switch; or on expiry of the Switching Notice Period, where the Customer elects to export its Exportable Data, Abnormal shall erase Customer’s Exportable Data in accordance with its standard backup or record retention policies, or as required by applicable Laws, subject to the Agreement. Abnormal shall confirm on request by Customer that it has carried out such deletion.
7. Termination
1. 7.1. Customer’s subscription to the specific Service referenced in its Switching Notice, or the entire Agreement, if Customer’s Switching Notice references all Services Customer has purchased shall automatically terminate (“Effective Termination Date”) upon one of the following events:
  (a) where applicable, once a Successful Switch has occurred; or
  (b) at the end of the Switching Notice Period where Customer does not wish to switch but to erase its Exportable Data on termination of the referenced Services.
2. 7.2. Abnormal will continue to provide the Service in accordance with the Agreement until the Effective Termination Date. It is expressly understood that such termination does not relieve Customer of its obligation to pay all fees accrued or payable up to the Effective Termination Date.
3. 7.3. Should the Effective Termination Date occur before the end of the Subscription Term, then Customer shall pay an early termination fee equivalent to all subscription fees that would have been due for the remainder of the Subscription Term of the relevant Order(s) ("Early Termination Fee"). Abnormal does not charge Switching Charges as defined in Article 2(36) of the Data Act.
  
  (a) The Early Termination Fee reflects Customer’s commitment to pay for the full subscription fees owed under the applicable Subscription Term, which proportionately and effectively balances Abnormal’s ability to rely on the Customer’s fixed duration contract commitment so that it can offer the agreed pricing and invest in developing and improving the Service, and the Customer’s ability to switch data processing providers without commercial or contractual obstacles; and
  
  (b) Customer initially had the option to enter into a shorter term agreement with Abnormal, but expressly chose to enter into a fixed-term annual or multi-annual agreement with Abnormal.
8. Disclosures
1. 8.1. For information on: (a) how Customer may export Exportable Data from the Service, and (b) the categories of Exportable Data Customer may export from the Service, please refer to the Documentation.