Appendix

1. Background

1.1. The purpose of this appendix for switching and exit (the "Exit Plan") is to ensure that customers of data processing services (including cloud and edge computing services) can switch suppliers or transfer their data to their own on-premises ICT infrastructure in accordance with Regulation (EU) 2023/2854 on rules for fair access to and use of data (the "Data Act").

1.2. Terms used in this Exit Plan such as "data processing services" and "switching" shall primarily have the meaning set out in the Data Act, unless otherwise clearly indicated by the circumstances. Terms with initial capital letters used in this Exit Plan shall have the same meaning as in the Data Act, if such terms are defined therein, and otherwise in the Agreement, unless otherwise expressly stated or indicated by the circumstances.

1.3. This Exit Plan consists of this main document and the applicable exit documentation that contains specifications of exportable data, including digital assets and specifications for switching as well as other information regarding switching, such as but not limited to excluded categories of data (the "Exit Documentation"). When this Exit Plan refers to the term “exportable data”, it shall also include the Customer’s digital assets as applicable. The Exit Documentation and other information related to switching, including the Provider’s online register, is available at https://www.55degrees.se/legal/customer-agreements/atlassian-cloud-products/switching-exit-plan-atlassian. This Exit Plan, including the Exit Documentation, forms an integral part of the Agreement between the parties. Notwithstanding anything else stated in the Agreement, in the event of a conflict between the provisions of this Exit Plan and other parts of the Agreement, the provisions of this Exit Plan shall take precedence in relation to the areas covered by this Exit Plan.

1.4. This Exit Plan is only applicable to the Provider’s own services that are covered by the Data Act and shall therefore not apply to, for example, non-production versions of data processing services provided solely for testing and evaluation purposes for a limited period of time.

2. Advance termination and change of supplier

Switching Process

2.1. Notwithstanding anything else in the Agreement, the Customer has the right to initiate a switching process and thereby terminate applicable parts of the Agreement, by notifying the Provider in writing two (2) months in advance regarding the relevant Product(s) in accordance with the Data Act. For the avoidance of misunderstanding, this does not entitle the Customer to a refund of fees already paid or an exemption from payment for already ordered Products and/or consulting services. The Customer is therefore still responsible for payment of the remaining time of the current term of the Agreement.

2.2. The Customer has the right to, no later than thirty (30) days prior to the expiry of the notice period set out in Section 2.1 above, request:

a) switching from the Product to another service of the same service type, in which case the Customer shall provide Provider with prompt necessary information of the New Provider. “The same service type” means a service that shares the same primary objective, service model and main functionalities as the Product, provided by another supplier (the “New Provider”).

b) porting all exportable data specified in the Exit Documentation to the Customer's on-premises ICT infrastructure; and/or

c) erasure of Customer's exportable data in the Product.

Such switching or porting according to a) and b) above (the “Switching Process”) shall take place without undue delay and no later than within thirty (30) calendar days after the notice period in Section 2.1 has expired (the "Transitional Period"). The Agreement remains valid during the Transitional Period and until termination.

2.3. During the Transitional Period, the Provider shall:

a) provide reasonable assistance including making exportable data available, documentation, and clarification;

b) maintain business continuity;

c) inform about risks;

d) ensure high data security.

2.4. Provider shall support the exit strategy but does not include transformation or integration services unless agreed separately.

2.5. The Customer shall:

a) prepare and manage switching;

b) provide required information;

c) handle data import;

d) respect IP rights;

e) control third-party access;

f) cooperate in resolving issues.

2.6. The Customer is entitled to a 30-day data retrieval period after the Transitional Period, after which data will be erased unless legally required to retain.

2.7. If 30 days is not feasible, an alternative period (max 7 months) may be proposed.

2.8. The Customer may extend the Transitional Period once (max 3 months).

In-parallel Use

2.9. The Provider shall enable use of multiple suppliers.

2.10. Obligations on continuity and security apply.

2.11. Customer ensures new provider compliance.

Fees and charges

2.12. Customer pays costs for migration tools.

2.13. Fees apply even after agreement expiry if switching is incomplete.

2.14. Data egress charges may apply.

Successful switching and termination

2.15. Agreement terminates after successful switching or data erasure.

2.16. Switching is complete when data is transferred and confirmed or reasonably assumed by Provider.

2.17. If incomplete, agreement continues until resolved.

2.18. If agreement expires before completion, parties cooperate to finish switching.

3. Amendments

3.1. Provider may update this Exit Plan to comply with legal or operational changes.

3.2. Updated documentation is available on the Provider’s website.