Updated: October 7, 2025

EU Data Act Addendum

The following EU Data Act Addendum (this “Addendum”) supplements the agreement(s) between Customer and Salsify, Inc. and/or Alkemics SAS (as applicable, “Salsify”) governing Customer’s use of Data Processing Services (collectively, the “Agreement”), and governs all Switching Requests and Deletion Requests made by Customer pursuant to Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 concerning harmonized rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (as in effect on the date of the applicable Order Form, the “Data Act”). Capitalized terms used by not defined in this Addendum shall have the meanings assigned to them in the Data Act or the Agreement, as applicable.

1. Request Process. If Customer is organized in a member state of the EU/EEA, Customer may open a Salsify Customer Support ticket at any time during a subscription term with a two (2)-month notification period (the “Notice Period”), either to: (a) switch a Data Processing Service (as defined in the Data Act) and migrate its Exportable Data to a different third party service provider or to its own on-premise infrastructure (“Switching Request”); or (b) delete its Exportable Data from a Data Processing Service (“Deletion Request”). Customer must provide all reasonable information necessary for Salsify to enable the Switching or the erasing of Customer’s Exportable Data, including, as applicable, the applicable Data Processing Services, the applicable account/organization identifier(s), the details about the destination provider and/or the destination on-premises infrastructure, the envisaged timing and the contact details of Customer’s representative(s) responsible for the process. 

(a) Switching Request. Salsify will support the Customer’s Switching Request in accordance with the Data Act by providing Customer the related instructions or other reasonable assistance for Customer to export Customer’s Exportable Data within thirty (30) calendar days after the end of the two (2)-month notification period from the date Salsify receives a fully completed Switching Request (“Transition Period”).

Salsify will inform Customer within fourteen (14) business days of receiving a Switching Request if the Transition Period is technically unfeasible, providing a reasonable explanation for such technical limitations and an extended Transition Period for the Customer to export their Exportable Data, which shall not exceed seven (7) months.

Customer shall have the right to one request for an extended Transition Period that is reasonably appropriate under the circumstances, which shall not exceed seven (7) months.

Throughout the Switching process and in accordance with the Agreement, Salsify will provide reasonable assistance, act with due care to maintain business continuity and maintain the agreed level of security.

Salsify may inform Customer about any known risks to the continuity in the provision of the Data Processing Services and/or technical limitations as a result of the Switching once the Switching Request is submitted or as otherwise indicated by Salsify.

Customer shall notify Salsify Customer Support once the export of Exportable Data is completed.

(b) Deletion Request. Salsify will support a Customer’s Deletion Request to the extent permitted by applicable law, by deleting the Customer’s Exportable Data of the in-scope Data Processing Service(s) in accordance with Section 3 below. 

2. Termination. The applicable Data Processing Services subscription contract will automatically terminate: (a) for Switching Request(s), upon Customer notifying Salsify Customer Support in writing about the successful export of Customer’s Exportable Data in accordance with Section (1)(a) of this Addendum or, in the absence of such notification by Customer, at the end of the Transition Period; and (b) for Deletion Request(s), at the end of the Notice Period (the “Termination Date”).

For the avoidance of doubt, such termination will not relieve Customer of its obligation to pay any fees for Data Processing Services due to Salsify for the period prior to the Termination Date. Salsify will not refund any pre-paid fees as a result of a Switching Request or Deletion Request. Customer must pay any outstanding subscription fees covering the remainder of the subscription term of the terminated Data Processing Services in the Agreement as an early termination fee. Salsify will invoice Customer for the early termination fee on the Termination Date and payment will be due within thirty (30) days. Salsify will not charge any other fees or penalties.

Salsify will continue to provide the Data Processing Services in accordance with the Agreement until the earlier of (a) the Termination Date or (b) the end of the applicable subscription period of the Agreement. 

3. Deletion. Salsify will delete Customer’s Exportable Data within two-hundred and seventy (270) days of the Termination Date.

4. Exclusions. In accordance with the Data Act, Switching Requests or Deletion Requests will not be accepted for any Early Access Program (EAP) Product as defined in the Agreement or for any Data Processing Service that has been provided by Salsify for a limited period of time specifically for testing and evaluation purposes (such as a sandbox).

5. Indemnification. Several legal entities may be entitled to purchase or use Data Processing Services under the Agreement (including without limitation Customer’s affiliates and authorized users) and such entities other than the Customer making the request could therefore be impacted by a Switching Request or Deletion Request (“Impacted Parties”). It is the Customer's sole responsibility to ensure that Customer has all rights and permissions concerning the Switching Requests or the Deletion Requests and the Exportable Data before exercising its rights hereunder.

Customer will defend Salsify and its affiliates against any claim, demand, suit or proceeding made or brought against Salsify or its affiliates by Impacted Parties (a) alleging that the Switching Request or Deletion Request infringes any Impacted Party’s rights or licenses and will indemnify Salsify and its affiliates from any damages, attorney fees and costs finally awarded against Salsify or its affiliates as a result of, or for any amounts paid by Salsify or its affiliates under a settlement approved by Customer in writing of, a such a claim against Salsify or its affiliates, provided Salsify (A) promptly gives Customer written notice of such a claim against Salsify or its affiliates, (B) gives Customer sole control of the defense and settlement of such a claim against Salsify or its affiliates (except that Customer may not settle any such claim against Salsify or its affiliates unless it unconditionally releases Salsify and its affiliates of all liability), and (C) gives Customer all reasonable assistance, at Customer’s expense. The above defense and indemnification obligations do not apply if such a claim against Salsify or its affiliates arises from Salsify or its Affiliates breach of this Addendum or applicable Agreement.

6. Liability. Salsify shall not be liable for any damages, losses, costs, or expenses arising out of or in connection with a Switching Request or Deletion Request.  This exclusion of liability includes, but is not limited to, any issues related to Exportable Data integrity or loss, system downtime, compatibility issues, or any other disruptions or failures that may occur during or as a result of a Switching Request or Deletion Request. The Customer assumes full responsibility for the successful Switching or deletion of Exportable Data.

Confidential & Proprietary