Annex to the Terms of Service
Annex F — Data Act and Switching Terms (If Applicable)
1. Application
To the extent Infere qualifies as a "data processing service" provider within the meaning of Regulation (EU) 2023/2854 and any subsequent amendments, Infere will provide switching/portability assistance as required.
2. Switching assistance
Where this Annex applies, Infere shall provide switching assistance to the extent required by the Data Act, whereas any additional assistance exceeding Infere's mandatory obligations may be agreed in an Order Form or separate enterprise schedule.
3. Exportable Data
Exportable data includes, at minimum, User-provided Inputs, Outputs, usage metadata, configuration metadata, and digital assets generated directly by the User's use of the Service, excluding Infere proprietary assets, trade secrets, internal security data, and data the export of which would create a demonstrable cybersecurity risk.
4. Switching Request
User may notify Infere of a request to switch, migrate to another provider, migrate to on-premises infrastructure, or erase exportable data by written notice or through any switching workflow made available in the Service.
5. Switching Charges
Infere shall not impose switching charges except to the extent expressly permitted by the Data Act, and any permitted switching charges shall not exceed the costs directly linked to the process.
6. Switching Information
Where required by the Data Act, Infere shall make available the information concerning switching procedures, applicable technical limitations, available data formats and interoperability, relevant switching or retrieval periods, and other information required under Applicable Law through the Service, documentation, or applicable Order Form.
7. Format and Method
Infere shall make exportable data available in a commonly used, machine-readable format, together with reasonable information on known technical restrictions and interoperability limitations.
8. Retrieval Period
Exportable data shall remain available for retrieval for at least thirty (30) calendar days following completion of the switching process, unless a longer period is agreed.
9. Erasure
Following completion of the switching process and expiry of the retrieval period, Infere shall erase exportable data relating directly to the User. This shall not require deletion of separate data lawfully retained by Infere for billing, security, fraud prevention, dispute resolution, or legal compliance purposes where such retention is permitted under Applicable Law and does not unjustifiably impede the switching process.
10. Good Faith Cooperation
The parties shall cooperate in good faith to make the switching process effective, secure, and timely. Infere shall not impose technical, contractual, or commercial barriers that unjustifiably prevent or hinder switching, in accordance with Applicable Law.