Data Processing Services – Limited Applicability

This EU Data Act Addendum (“Addendum”) supplements the CentralReach Terms of Service, any applicable Customer Order Form, the Product Privacy Policy, and any other documents incorporated by reference (together, the “Agreement”).

This Addendum applies only to the extent required by Regulation (EU) 2023/2854 (the “EU Data Act”) where the Customer is established in, or uses the Services in, the European Union or European Economic Area.

1. Purpose and Interpretation
   1. This Addendum is intended solely to ensure that the Agreement is interpreted and applied in a manner consistent with the EU Data Act.
   2. Nothing in this Addendum is intended to, or shall be deemed to:
      1. expand the scope of the Services;
      2. require CentralReach to develop new functionality, interfaces or interoperability solutions;
      3. require CentralReach to provide migration, switching or exit assistance beyond what is expressly required under the EU Data Act; or
      4. grant the Customer any termination, suspension, or pricing rights not otherwise set out in the Agreement.
   3. In the event of a conflict between this Addendum and the Agreement, this Addendum shall prevail only to the minimum extent necessary to comply with the EU Data Act.
2. Product-Generated Data
   1. For the purposes of this Addendum, Product-Generated Data means data generated through the Customer’s use of the Services, including usage, operational, system, performance or analytics data, regardless of whether such data constitutes personal data.
   2. Product-Generated Data does not include CentralReach’s proprietary software, algorithms, trade secrets, or aggregated or anonymized data used to improve or operate the Services.
3. Access to Data
   1. Access During the Term. During the term of the Agreement, the Customer may access and export Customer Content and Product-Generated Data to the extent such data is made available through the Services, including via self-service tools, dashboards or export functionality provided as part of the Services.
   2. No Undue Delay. Where Product-Generated Data is not available through self-service functionality, CentralReach shall make such data available without undue delay, subject to reasonable technical feasibility, in a structured, commonly used and machine-readable format, as required by the EU Data Act.
   3. No Charge for Mandatory Access. Access to Product-Generated Data for the Customer’s own use shall be provided free of charge to the extent required under the EU Data Act. This does not affect CentralReach’s right to charge standard subscription fees or fees for optional or additional services.
   4. Transparency on Switching and Portability. CentralReach shall make available to Customers, prior to contract signature, up-to-date information describing the data export and portability mechanisms applicable to the Services, including the categories of data that may be exported, supported export formats, applicable security measures, and any material limitations. Such information may be provided through CentralReach’s website or product documentation.
4. Switching and Third-Party Sharing
   1. Switching Neutrality. Nothing in the Agreement shall operate to prevent or materially frustrate the Customer’s ability to switch to another provider or to its own infrastructure, provided that such switching relies on access to data made available in accordance with this Addendum.
   2. No Mandatory Exit Assistance. The EU Data Act does not require, and nothing in this Addendum obliges, CentralReach to:
      1. perform data migration services;
      2. assist with onboarding to a replacement provider; or
      3. provide technical support beyond enabling access to data as required by law.
   3. Third-Party Access. Where required under the EU Data Act, CentralReach shall enable the Customer to share Product-Generated Data with a third party designated by the Customer, subject to reasonable security, confidentiality, and legal safeguards.
5. Termination and Post-Termination Access
   1. This Addendum does not grant the Customer any right to terminate the Agreement for convenience, to shorten any committed term, or to avoid payment of subscription fees or proportionate early termination compensation.
   2. Following termination or expiry of the Agreement, the Customer’s ability to access and export Customer Content and Product-Generated Data shall be governed by the existing data retention and export provisions of the Agreement.
   3. CentralReach shall not unreasonably restrict such access during the applicable retention period in a manner that would defeat the Customer’s ability to retrieve its data for switching purposes, as required by the EU Data Act.
6. Fees and Charges
   1. CentralReach shall not impose charges for actions mandated by the EU Data Act for switching, including mandatory data exports, to the extent prohibited by applicable law.
   2. Nothing in this Addendum restricts CentralReach’s right to:
      1. charge standard subscription fees through the end of the applicable term;
      2. charge proportionate early termination compensation where contractually agreed; or
      3. charge for optional or additional services requested by the Customer that go beyond the requirements of the EU Data Act.
7. Safeguards and Limitations
   1. CentralReach may implement reasonable technical and organizational measures to protect the security, integrity and confidentiality of data when providing access under this Addendum.
   2. CentralReach shall not be required to disclose data where doing so would infringe applicable law, the rights of third parties, or CentralReach’s legitimate interests protected under the EU Data Act.
8. No Broader Regulatory Commitment
   1. This Addendum addresses compliance with the EU Data Act only and does not constitute a representation or warranty regarding compliance with any other regulatory regime.

Last Modified Date: February 16, 2026