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This Data Act addendum (“Addendum”) amends and supplements ScyllaDB Cloud Service Agreement, together with any applicable ordering documents and any other agreement(s) governing the Customer’s access to and use of the Services (collectively, the “Agreement”) between ScyllaDB Inc. or ScyllaDB, Ltd. and its affiliates or subsidiaries (“ScyllaDB” or “Company”) and the Customer. This Addendum applies solely to the Data Processing Service identified herein, and only to Customers that are headquartered in the European Union and are subject to Regulation (EU) 2023/2854 of the European Parliament and of the Council on harmonized rules on fair access to and use of data (“Data Act“).
Capitalized terms not defined herein have the meanings ascribed in the Agreement or the Data Act.
This Addendum sets out the Parties’ rights and obligations under Chapter VI of the Data Act and forms an integral part of the Agreement. This Addendum is deemed accepted by the Customer upon the earliest of: (i) clicking a box indicating acceptance; (ii) signing or otherwise acknowledging acceptance of this Addendum in a separate document; or (iii) referencing or incorporating this Addendum into the Agreement. The Customers agrees that this Addendum is incorporated by reference into its Agreement with ScyllaDB.
In the event of any conflict between this Addendum and any other contractual terms or documents, this Addendum will prevail, but solely with respect to the subject matter addressed in this Addendum.
1) DEFINITIONS
“Customer Data and Assets” means any and all data, information, metadata, input and output data, including metadata, directly or indirectly generated, or cogenerated as part of the Data Processing Service.
“Data Processing Service” has the meaning ascribed to it under the Data Act and refers to the applicable portions of the Services (as defined in the Agreement).
“Exportable Data” means the subset of Customer Data and Assets that (i) can be extracted under this Addendum; and (ii) does not contain, and cannot be extracted without disclosing, ScyllaDB intellectual property rights, trade secrets, or other protected information. Exportable Data does not include Usage Data (as defined in the Agreement) or any equivalent telemetry, analytics, or service performance data collected or generated by ScyllaDB.
“Provider” means a data processing service provider other than the ScyllaDB, as contemplated by the Data Act.
“Switching” has the meaning given in Article 2(34) of the Data Act, and means the process of extracting, transforming and uploading the Exportable Data and transferring it to a Provider, or to Customer’s on-premises ICT, in each case pursuant to the Switching Request (as defined below).
“Transition Period” means the Initial Transition Period (as defined below), or, if applicable, the Alternative Period (as defined below) then in effect.
2. REQUEST PROCESS
2.1. During the Term (as defined in the Agreement), Customer may submit a written request with at least two (2) months’ prior notice (“Notice Period”) to either: (a) switch and migrate the applicable Exportable Data to a Provider or to Customer’s on-premises ICT infrastructure, including by specifying the destination and applicable technical specifications (a “Switching Request”); or (b) delete the Exportable Data (a “Deletion Request”).
2.2. Switching Request or Deletion Request must be submitted in the form attached as Annex A and sent to: [email protected]
2.3. Sixty (60) days following ScyllaDB’s receipt of a Switching Request, the “Initial Transition Period” will commence and will be completed within thirty (30) calendar days, unless extended in accordance with this Addendum.
2.4. Within fourteen (14) business days after receiving a Switching Request, ScyllaDB will inform Customer if completion within the Initial Transition Period is technically unfeasible and will provide a reasonable explanation of the technical limitations and propose an alternative transition period that will not exceed the applicable timeframes set forth in the Data Act (“Alternative Period”).
2.5. During the Initial Transition Period or the Alternative Period, Customer may request, in writing and no more than once, an extension of the Transition Period, subject to payment of any applicable fees permitted under the Data Act, as set out in this Addendum (an “Extended Transition Period”).
3. DELETION PROCESS
3.1. ScyllaDB will support Customer’s Deletion Request to the extent permitted by applicable law by deleting the Exportable Data in accordance with the procedures and timeframes specified in the Agreement and, in any event, no later than the end of the Notice Period.
4. SWITCHING PROCEDURE
4.1. During the Transition Period (and any Extended Transition Period), ScyllaDB will: (i) provide reasonable assistance to Customer to enable Switching (“Switching Assistance”); (ii) subject to Customer’s continued payment obligations, continue providing the Services in accordance with the Agreement during the Switching process (including maintaining the security levels described in the Agreement); and (iii) provide Customer with information reasonably needed to effect Switching.
4.2. ScyllaDB hereby informs Customer that the following Service and/or data sets are explicitly excluded from Switching under this Addendum (“Excluded Services and Data“):
4.2.1. Usage Data and any data or information owned, developed, or derived by ScyllaDB, including aggregated or anonymized analytics, insights, predictions, or other analytics generated through proprietary algorithms, and any data that the disclosure of which would reveal ScyllaDB’s trade secrets or intellectual property rights;
4.2.2. POCs (as defined in the Agreement), or other limited-access offerings.
4.2.3. Static technical information (documents not generated by the Service, such as manuals, instructions, and invoices).
4.2.4. Services or features for which enabling export or transfer would reasonably risk the continuity, integrity, availability, or security of the Services.
4.3. Customer will promptly notify ScyllaDB in writing upon successful completion of Switching. Customer is responsible for testing and validating Switching before providing such confirmation. If Customer does not provide confirmation, ScyllaDB may request it in writing, and if Customer fails to provide such confirmation within ten (10) business days after ScyllaDB request, ScyllaDB may deem Switching to have been successfully completed.
5. RETRIEVAL PERIOD
5.1. Upon Customer’s written request, ScyllaDB will retain the Exportable Data for up to thirty (30) days following completion of the Transition Period (or Extended Transition Period), as applicable (“Retrieval Period”). Customer will continue to pay all charges in accordance with the Agreement during any Retrieval Period. Upon expiration of the Retrieval Period, ScyllaDB may delete the Exportable Data in accordance with its standard data deletion practices, except to the extent required by applicable law.
6. TERMINATION
6.1. The applicable Order Form(s) and the Agreement will automatically terminate: (i) in the case of a Switching Request, when Switching is deemed successful in accordance with Section 4.3; or (ii) in the case of a Deletion Request, when ScyllaDB confirms deletion of the relevant Exportable Data or upon expiration of the Notice Period (each, the “Termination Date”).
6.2. ScyllaDB will continue to provide the Services in accordance with the Agreement until the Termination Date.
6.3. For the avoidance of doubt, Customer acknowledges that pricing for annual or multi-year subscription terms and minimum spend commitments is generally lower than pricing for comparable services purchased without such commitments. Customer further acknowledges that it could have elected to purchase the Services on a month-to-month basis at a higher rate. Accordingly, early termination under this Addendum will not relieve Customer of its obligation to pay all fees due under the applicable Order Form(s). Customer must pay any outstanding subscription fees for the remainder of the term of the relevant Order Form(s), and any applicable annual fees and minimum commitments (“Early Termination Fee”).
6.4. The Early Termination Fee (if applicable) will become due and payable fourteen (14) days after Customer’s receipt of the Company’s invoice. ScyllaDB will not charge any other fees or penalties, except for fees for Switching Assistance as set out in Section 7 and Annex B.
7. PAYMENT
7.1. To the extent applicable, and provided that the Switching Request is submitted on or before January 12, 2027, the Company reserves the right to charge Customer for Switching Assistance at the Company’s then-current professional services rates, which will be provided upon request and to the extent applicable.
7.2. Each invoice is due and payable upon receipt by Customer and will include, without limitation, any then-current subscription fees, unless otherwise specified in the Agreement.
8. OBLIGATIONS OF THE PARTIES
8.1. The Parties will cooperate in good faith to facilitate Switching, ensure the timely transfer of Exportable Data, and maintain continuity of the Data Processing Service.
8.2. As between the Parties, Customer is responsible for importing the Exportable Data into Customer’s systems or the Provider’s systems, as applicable.
8.3. All obligations under the Agreement that, by their nature, are intended to survive (including confidentiality obligations) will remain in full force and effect during the Switching process.
8.4. Customer represents and warrants that it has all rights and permissions necessary to submit Switching Requests and/or Deletion Requests and to instruct ScyllaDB to transfer or delete Exportable Data. Customer is solely responsible for the consequences of Switching or Deletion for any affected parties, including Customer’s users, employees, and Affiliates (collectively, “Impacted Parties”), and will indemnify and hold harmless ScyllaDB from and against any claim, demand, suit, or proceeding brought by an Impacted Party alleging that Customer’s Switching Request or Deletion Request infringes such Impacted Party’s rights or licenses.
8.5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCYLLADB OR ITS AFFILIATES BE LIABLE TO CUSTOMER OR ANY IMPACTED PARTY UNDER THIS ADDENDUM FOR ANY DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO A SWITCHING REQUEST OR A DELETION REQUEST. THIS EXCLUSION OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY ISSUES RELATING 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 SWITCHING OR A DELETION REQUEST.
Switching Request
[Date]
To: [Company name and address for communications]
Customer Contact Information: [Name], [Email]
Customer Authorized Representative Information (if applicable): [Name], [Email]
Agreement: [name and details of Agreement]
Switching Option:
New Provider Name: […]
New Provider Contact Information: […]
Preferred Exportable Data: […]
Destination and technical specifications for new Provider/ Customer on-premises infrastructure: […]
[Signature of Customer’s authorized representative]
Deletion Request
[Date]
To: [Company name and address for communications]
Customer Contact Information: [Name], [Email]
Customer Authorized Representative Information (if applicable): [Name], [Email]
Agreement: [name and details of Agreement]
Exportable Data: [All covered by the Agreement] or [provide explicit Data or Digital Assets subject to deletion]
Preferred Deletion Date: […]
[Signature of Customer’s authorized representative]
The charges to be paid by the Customer for Switching-related services provided by ScyllaDB are as follows:
| Service Type | Unit | Rate |
| Standard data extraction (per request) | pricing will be provided upon request | pricing will be provided upon request |
| Migration support services | pricing will be provided upon request | pricing will be provided upon request |
| Extended storage beyond Retrieval Period | pricing will be provided upon request | pricing will be provided upon request |
| Custom export scripting | pricing will be provided upon request | pricing will be provided upon request |
In the absence of a specific rate for any of the Switching-related services, a default rate of $/€ [X] per hour will apply.
*Valid until 12 January 2027
