EU Data Act Addendum

This EU Data Act Addendum (“Addendum”) is intended to ensure compliance with the EU Data Act (Regulation (EU) 2023/2854), in particular Articles 23–30 concerning switching between data processing services, portability, and erasure rights. This Addendum applies only to Customers established in the European Union or the European Economic Area, and solely in connection with the Customer’s use of the Services within the EU/EEA. For Customers established outside the EU/EEA, this Addendum does not apply.

This Addendum forms part of the Agreement (Terms of Use or Subscription Agreement) between the Customer and Mouseflow ApS. Capitalized terms not defined in this Addendum have the meanings given to them in the Agreement.

2.1 At any time during the Term, the Customer may, by giving two (2) months’ written notice to Mouseflow (“Notice Period”):

1. migrate from the Services to another provider of data processing services or to an on-premises ICT environment (each a “Switch”); or
2. request the permanent deletion of all Customer Data.

2.2 For a period of at least thirty (30) days after expiry of the Notice Period (“Transitional Period”):

• the Customer shall continue paying all applicable Fees; and
• Mouseflow shall:
  1. provide reasonable assistance to the Customer and any authorized third parties in carrying out the Switch;
  2. act with due care to maintain business continuity and continue provision of the Services;
  3. provide clear information about any known risks to continuity of the Services; and
  4. maintain a high level of security throughout the switching process, particularly for the transfer and ongoing protection of data, in accordance with applicable Union or national law.

2.3 When giving notice under 2.1, the Customer must provide Mouseflow with sufficient information about the destination provider to allow the transfer to be planned and executed appropriately.

2.4 If a 30-day Transitional Period is not technically feasible, Mouseflow shall, within fourteen (14) working days of receiving the Customer’s notice, inform the Customer in writing and propose an alternative Transitional Period not exceeding seven (7) months. Before the end of the Transitional Period, the Customer may extend the Transitional Period once for a period it deems necessary, by written notice to Mouseflow specifying the new end date.

2.5 The Customer shall continue paying Fees during the Notice Period and any Transitional Period, including extensions of the Transitional Period.

3.1 Mouseflow shall reasonably assist the Customer in implementing its exit or migration strategy, including by providing all information relevant to the transfer or erasure process, including information on available procedures methods and formats for switching, as well as restrictions and technical limitations which are known to Mouseflow.

3.2 Mouseflow shall provide information about data and services that involve highly complex or costly switching or for which it is impossible to switch without significant interference in the data, digital assets or service architecture.

3.3 The categories of exportable and non-exportable data and digital assets are defined in Annex 1 and Annex 2 to this Addendum.

4.1 This section replaces any conflicting retrieval or deletion provisions of the Agreement.

4.2 At the beginning of the Transitional Period, the Customer shall designate the destination for export of the most recent backup of Customer Data (“Data Export”).

4.3 Within thirty (30) days after the end of the Transitional Period, Mouseflow shall:

1. provide the Customer with a copy of the Data Export; and
2. securely delete any remaining Customer Data in its possession.

5.1 The Customer must notify Mouseflow in writing when a Switch has been successfully completed.

5.2 The Agreement will automatically terminate and Mouseflow shall confirm termination in writing:

1. upon successful completion of the Switch; or
2. if the Customer elects only to erase its Customer Data, upon expiry of the Notice Period (“Effective Termination Date“).

5.3 If the Notice Period or Transitional Period extends beyond the end of the current contractual Term, the Agreement shall automatically renew for a period ending upon expiry of the Notice Period or Transitional Period. Fees remain payable throughout this renewal. If the Customer gives notice of termination later than the required contractual notice period, or after the Renewal Date, the Agreement shall be deemed to have renewed for the subsequent Renewal Term. In such case, the committed Term shall be the renewed Subscription Term, and all Fees for that Renewal Term shall remain payable in full.

5.4 If termination under this Addendum takes effect before the end of the committed Subscription Term under the relevant Agreement or Order Form(s), the Customer shall pay Mouseflow:

1. all Fees accrued or payable up to and including the Effective Termination Date; and
2. any outstanding Fees covering the remainder of the committed Subscription Term under the relevant Agreement or Order Form(s), as an agreed early termination fee.

Customer acknowledges and agrees that it is not entitled to any refund of Fees already paid to Mouseflow. Mouseflow will continue to provide the Services in accordance with the Agreement until the Effective Termination Date. The early termination fee becomes immediately due and payable upon the Customer giving notice under this Addendum.

For clarity, this payment obligation does not constitute a “switching charge” within the meaning of the EU Data Act and does not limit the Customer’s right to switch providers or export data under the EU Data Act. For bespoke or unusual requests, Mouseflow may charge at cost as permitted under the EU Data Act until 12 January 2027.

5.5 The Customer agrees that the early termination fee constitutes a reasonable, predetermined remedy for terminating a fixed-term subscription prior to its agreed expiry. The Customer understands that the discounted pricing received for longer terms is predicated upon the commitment to maintain the subscription for the full duration. This structure is implemented to protect Mouseflow’s legitimate interest in service planning while still allowing the Customer the flexibility to choose a commitment period that aligns with their operational needs.

Nothing in the Agreement limits or excludes either party’s liability for intentional acts or gross negligence, or for breaches of data-related obligations under this Addendum or applicable law, to the extent such limitation or exclusion would be unenforceable under the applicable law.

The following are excluded from export:

• proprietary Mouseflow session replay data and heatmap data, including but not limited to HTML, CSS, DOM graphs, tags and variables, events and element IDs, collected, stored or generated based on Mouseflow session tracking;
• proprietary Mouseflow feature configurations, results, algorithms, analysis and output, including but not limited to Journeys, Forms, Funnels, Feedback, Friction Insights, and other functionality processed and analysed by Mouseflow proprietary features;
• proprietary source code, algorithms, and automation logic;
• database schemas and structural design;
• system-level configurations and internal rules;
• internal monitoring, diagnostic, and performance data;
• security controls, encryption keys, and vulnerability assessments;
• third-party integrations licensed to Mouseflow;
• aggregated or anonymized benchmarking data;
• internal training or testing datasets;
• proprietary UI/UX layouts and assets;
• internal documentation, developer notes, and technical manuals.