EU Data Act Transparency Statement

I. Scope

Seagull Software, LLC and its affiliates and subsidiaries (“we”,“our”, and “us”) comply with the EU Data Act (the “Act”) and other related laws in the European Economic Area (“EEA”). This Transparency Statement (“this Statement”) is intended to disclose to our prospective or current EEA customers (collectively, “you”) certain aspects of our compliance with the Act which relate to (for example):

• our provision of “data processing services”;
• your rights to “switch” such services;
• information security relating to the access to and transfer of “non-personal data”,

as such terms as understood in the Act. Importantly, this Statement is applicable only to the extent that the relevant data processing services that we provide are subject to the Act.

The words “including” or “for example” are not limiting in this Statement.

II. Switching and early termination rights.

We will honor your rights under the Act to seamlessly switch from our data processing services to a different provider of such services, or to on-premises ICT infrastructure - if you exercise those rights in accordance with our agreement with you (the “Agreement”) and the Act. You will need to continue to satisfy your obligations under the Agreement and the Act, including:

• notifying us that you wish to terminate or switch our data processing services (typically, two months); and
• making payments associated with such early termination (so-called “early termination penalties”).

As you will know, the Act does not limit the Agreement from providing for data processing services of a fixed duration, including proportionate early termination payments to cover the early termination of the Agreement in accordance with EU law or the national law of the relevant EEA member state. Importantly, if you opt to terminate the data processing services prior to the end of the relevant, contracted term of the Agreement:

• we will retain any fees and charges that you have pre-paid relating to the terminated or switched services; and
• you will be liable to pay all of our fees and charges under the Agreement relating to the remainder of the then-current term with respect to such services.

Your refusal to make such payments may be significantly detrimental to our legitimate interests considering the early termination of the relevant data processing services.

To help facilitate your switching, we will to the extent required under the Act:

• reduce any applicable “switching charges” (including relating to “data egress”) through 12 January 2027 to reflect costs incurred linked to the switching process and other justified charges; and
• from 12 January 2027 withdraw such switching charges.

We will, however, continue to apply other fees and charges (and such shall not be treated as switching charges) in accordance with the agreement and the Act relating to (for example):

• data processing services (including any associated standard service fees); and
• services which we have agreed with you to support any switching where such support goes beyond our obligations under the Act.

Certain of your rights may be limited (including in relation to switching charges) in connection with (for example) a data processing service:

• where the majority of its main features have been custom-built for your specific needs;
• where all components have been developed for your purposes; or
• are not offered at broad commercial scale via our service catalogue.

III. Assistance with the switching process.

We will provide you with reasonable assistance and support within our capacity, and proportionate to our respective obligations, to enable such switching process to be successful, effective and secure, in each case, to the extent required under the Act and provided you and your alternate or replacement provider of data processing services cooperate with us in good faith.

For example, we are not required in connection with the switching process to:

• develop new categories of data processing services, including within, or based on, the ICT infrastructure of such other provider; or
• rebuild the service in question within the infrastructure of such other provider; or
• disclose or transfer digital assets to you, other customer, or to such other provider that:
  • are protected by intellectual property rights or that constitute a trade secret; or
  • compromise our customer’s or our security and integrity of service.

We would be delighted to discuss what assistance we may be able to provide to enable you and your alternate or replacement provider to achieve functional equivalence. We cannot, however, guarantee such equivalence in any environment other than in our own systems. Likewise, you may have other rights relating to switching, including data and digital asset erasure, which may each be subject to limitations under the Act.

IV. International access and transfer.

We deploy ICT infrastructure in the following jurisdictions to provide our data processing services: Germany

We have implemented technical, organisational and contractual measures to prevent international governmental access to, or transfer of non-personal data, held in the EEA where such access or transfer would create a conflict with EU law or the national law of the relevant EEA member state.

V. Additional information and questions.

Please contact us at EUDataAct@SeagullSoftware.com to discuss any questions you may have regarding the Act or other information regarding your switching rights, including details regarding:

• fees and charges that we have referenced in this Statement that are applicable to you;
• our services involving highly complex or costly switching or for which it is impossible to switch without significant interference in the data, digital assets or service architecture;
• available procedures for switching and porting to the data processing service, including:
  • information on available switching and porting methods and formats restrictions;
  • technical limitations which are known to us;
• access to an online register hosted by us, which sets out details of relevant:
  • data structures and data formats; and
  • standards and open interoperability specifications for the “exportable data”.