Table of contents
This EU Data Act Addendum ("Addendum") is entered into between Weld Technologies ApS ("Weld") and You and forms part of the Terms of Service. Capitalised terms not defined in this Addendum have the meaning given in the Terms of Service.
1. Scope and precedence
1.1
This Addendum applies where the Services are a data processing service within the meaning of Regulation (EU) 2023/2854 (the "Data Act") and the Data Act applies to You.
1.2
To the extent the Data Act requires, this Addendum takes precedence over the other terms of the Agreement. In all other respects the Agreement applies unchanged.
2. Your switching request
2.1
You may ask Us by written notice under clause 23 of the Terms of Service to: a) switch Your Exportable Data to another provider of data processing services; b) move it to Your own infrastructure; or c) erase it. Your notice should state which option You choose and, where relevant, the destination.
2.2
The notice period is two (2) months from Our receipt of the notice, unless You ask for a shorter period.
3. Transitional period
3.1
After the notice period, a transitional period of thirty (30) days begins, during which the switching is completed.
3.2
Throughout the notice and transitional periods We continue to provide the Services at the same level of service and security, under the terms and fees of the Agreement.
3.3
If a transitional period of thirty (30) days is technically unfeasible, We will tell You within fourteen (14) days of receiving Your notice, explain why, and propose an alternative period of no more than seven (7) months.
3.4
You may extend the transitional period once, by a period You consider appropriate.
4. Assistance
4.1
We give You reasonable assistance with the switching, including information about the available export procedures, formats and any known technical limitations, and We cooperate in good faith with Your new provider.
4.2
Data that the Services sync into Your own data warehouse already sits with You and stays there. For a Weld managed data warehouse, We provide an export of the warehouse.
4.3
We are not responsible for importing Your data at the destination or for how the destination provider handles it.
5. Exportable Data
5.1
"Exportable Data" means the data You have loaded into or generated with the Services, including data in a Weld managed data warehouse, transformation models and SQL, sync and reverse ETL configuration, connection settings and metadata such as schedules and run history.
5.2
Exportable Data does not include stored credentials and secrets, which You set up again with the new provider, Weld IP Rights, or Our internal operational data, provided this does not impede the switching.
6. Retrieval and erasure
6.1
After the transitional period, You may retrieve Your Exportable Data for at least thirty (30) days.
6.2
After that retrieval period, We erase Your Exportable Data and other data in accordance with clause 13.4 of the Terms of Service, unless We are required by law to keep it.
7. Charges and fees
7.1
Until 12 January 2027, We may charge for switching and data transfer at no more than the costs directly linked to it. From 12 January 2027, switching is free of charge.
7.2
The fees under the Agreement remain payable during the notice and transitional periods. If You switch before the end of a committed Subscription Period, the fees for the remainder of that period remain payable to the extent the Data Act permits.
8. End of the Agreement
8.1
When the switching or erasure is completed, the Agreement ends for the Services concerned, and We will confirm this to You in writing.
8.2
Section 6 (Retrieval and erasure) survives the end of the Agreement.