EU DATA ACT ADDENDUM

This EU Data Act Addendum (this “Addendum”) forms part of the AfterShip Terms of Service and applies solely to the extent that Regulation (EU) 2023/2854 (the “EU Data Act”) applies to Your use of the Services. Capitalized terms used but not defined in this Addendum have the meanings given to them in the Terms of Service.

1. SCOPE

1.1 In-Scope Services. This Addendum applies only to the extent the relevant Services constitute “data processing services” under the EU Data Act and You are entitled to exercise switching or related rights under the EU Data Act in respect of those Services.1.2 Exclusions. This Addendum does not apply to (a) beta, trial, sandbox, proof-of-concept, evaluation or free services provided for limited testing purposes, or (b) any Services not qualifying as data processing services under the EU Data Act.

2. SWITCHING, PORTING, AND ERASURE REQUESTS

2.1 Your Rights. Subject to Section 1, You may request to: (a) switch to another provider of the same service type; (b) port Your Data to an on-premises ICT infrastructure; and/or (c) erase Your Data, in each case as permitted by the EU Data Act.

2.2 How to Submit a Request. You must submit a request in writing through AfterShip Support (or such other channel AfterShip specifies in the Documentation) at least two (2) months prior to Your intended switching initiation date (the “Notice Period”).

2.3 Information Required. Your request must include sufficient details for AfterShip to validate and process it (including the relevant account/workspace, the relevant Service(s), and where applicable the destination provider or on-premises destination). A request is deemed received only when complete.

3. TRANSITIONAL PERIOD AND ASSISTANCE

3.1 Transitional Period. After the Notice Period, AfterShip will support the switching process within thirty (30) calendar days (the “Transitional Period”), unless it is technically unfeasible. If technically unfeasible, AfterShip will notify You within fourteen (14) business days after receipt of a complete request, provide a reasonable explanation, and specify an alternative period not exceeding seven (7) months.

3.2 Reasonable Assistance. During the switching process, AfterShip will provide reasonable assistance consistent with the EU Data Act, including access to applicable export capabilities and relevant information through Support and/or the Documentation. AfterShip will act with due care to maintain business continuity and a high level of security during the switching process.

3.3 Your Responsibility for Switching. You are solely responsible for (a) planning and executing the switching process, and (b) the identification, extraction, export, import and implementation of Your Data into a destination environment (including any third-party tools or services You use).

4. DATA PORTABILITY: EXPORTABLE DATA AND EXCLUDED DATA

4.1 Exportable Data. You may export the categories of data and digital assets that AfterShip makes available for export for the relevant Service(s) (the “Exportable Data”), using AfterShip’s standard export tools and/or as described in the Documentation.

4.2 Excluded Data. Exportable Data excludes: (a) data or digital assets protected by AfterShip’s or third parties’ intellectual property rights; (b) AfterShip’s trade secrets; and (c) data specific to the internal functioning of the Services (including security artefacts, internal logs, and similar internal operational data), to the extent and as permitted by the EU Data Act.

4.3 Formats and Documentation. AfterShip will make available information on export methods, formats, and any relevant limitations in the Documentation and/or Support materials.

5. FINANCIAL TERMS

5.1 Fees Paid. Unless expressly set out in the Terms of Service or a Work Order, fees are non-refundable, including in connection with switching, porting or erasure requests.

5.2 Switching Service Fees. You remain responsible for Fees due for Services provided up to the applicable termination effective date and throughout any Notice Period and Transitional Period during which Services continue to be provided.

5.3 Switching Charges. (a) AfterShip does not charge for self-service exports using standard export tools. (b) Where You request manual assistance that causes AfterShip to incur direct costs, AfterShip may (until 12 January 2027) charge reduced switching charges limited to costs directly incurred in facilitating switching, to the extent permitted by the EU Data Act. From 12 January 2027, no switching charges will be imposed, to the extent required by the EU Data Act.

6. TERMINATION MECHANICS (EU DATA ACT)

6.1 Termination on Completion. Where You request switching to a new provider or on-premises environment, the applicable Order Form/Work Order for the in-scope Service(s) will terminate on the earlier of: (a) Your written notice confirming completion of the switching process; or (b) the end of the applicable Transitional Period (or the alternative period notified under Section 3.1).

6.2 Erasure-Only Requests. Where You request erasure without switching, termination occurs at the end of the Notice Period (unless the parties agree otherwise in writing), subject to Section 7 (Retrieval and Erasure).

7. RETRIEVAL AND ERASURE AFTER TERMINATION

7.1 Retrieval Period. Provided You request retrieval in Your termination notice (or switching request), You may retrieve Exportable Data via AfterShip’s standard export tools for a period of up to thirty (30) days following the end of the Transitional Period (or such shorter period as set out in AfterShip’s data retention policies, if applicable).

7.2 Erasure. Following the retrieval period, AfterShip will delete remaining Exportable Data in accordance with its retention practices, subject to applicable law and any obligations to retain certain data (for example, for security, audit, dispute, compliance, or legal hold purposes).

8. BUSINESS-TO-GOVERNMENT SHARING

AfterShip may disclose Your Confidential Information (including Your Data) to the extent compelled by applicable law, including under the EU Data Act. Where legally permitted, AfterShip will use commercially reasonable efforts to provide prior notice and to take reasonable steps to protect Your interests (including the confidentiality of trade secrets and personal data). You will provide reasonable assistance, at Your cost, if You wish to contest a compelled disclosure.

9. INTERNATIONAL ACCESS AND UNLAWFUL THIRD-COUNTRY ACCESS

AfterShip will implement reasonable technical, contractual and organisational measures to prevent unlawful access to non-personal data stored in the EU by third-country public authorities, in accordance with the EU Data Act and as further described in the Documentation and/or applicable security materials.

10. LIABILITY AND RISK ALLOCATION

10.1 Limitation of Liability. Nothing in this Addendum increases AfterShip’s liability beyond the limitations, exclusions, and disclaimers set out in the Terms of Service, nor does this Addendum exclude or limit liability that cannot be limited or excluded under applicable law, consistent with the Terms of Service.

10.2 Switching Risk. To the maximum extent permitted by law, AfterShip is not responsible for (a) Your switching plan or execution, (b) compatibility or interoperability with third-party systems, or (c) data loss or corruption caused by Your actions, third-party systems, or third-party tools used during switching, except to the extent caused by AfterShip’s breach of its obligations under this Addendum.

11. UNFAIR TERMS (B2B DATA SHARING)

Without prejudice to the Terms of Service, any term found to be unfair under the EU Data Act in a B2B data-sharing context shall be void and severed to the extent required by applicable law.

12. ORDER OF PRECEDENCE

If there is any conflict between this Addendum and the Terms of Service (or any Work Order), this Addendum prevails solely to the extent necessary to comply with the EU Data Act.