Data Act Addendum

This Addendum implements the EU Data Act (as defined below) with effect from 12 September 2025. This Addendum is entered into between Tuist GmbH ("Tuist") and the Customer (as defined in the Agreement), and will be subject to, and governed by the terms in the Online Terms and Conditions (the "Agreement").

In the event of a conflict between this Addendum, the Agreement or any Addenda or other schedule to the Agreement (other than the Data Processing Addendum), this Addendum will prevail. In case of conflict between this Addendum and the Data Processing Addendum, the Data Processing Addendum will prevail.

1. Definitions

For the purposes of this Addendum, capitalized terms used in this Addendum, but not defined herein, will have the meanings set forth in the Agreement and/or other applicable addenda. In addition, the following definitions apply:

Term	Definition
"Agreement"	means the contract between Tuist and the Customer with respect to the provisions of the Data Processing Service(s).
"Data"	means the data as defined in Annex 1 of this Addendum.
"Data Processing Service(s)"	means the Products and Services purchased by the Customer under the Agreement that qualify as a data processing service as defined by Art. 2(8) EU Data Act.
"Data Retrieval Period"	means the period as defined in Clause 8.1.
"Destination Provider"	means a different provider of data processing services, as defined in the EU Data Act, that is not Tuist.
"Digital Assets"	means the data as defined in Annex 1 of this Addendum.
"Early Termination Charges"	means the Fees as defined in Clause 9.2 of this Addendum.
"EU Data Act"	means Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonized rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act).
"Exportable Data"	means Data and Digital Assets.
"Notice Period"	means the two-month period (or such other period as agreed in writing by the Parties) commencing upon the receipt by Tuist of a Valid Request.
"ICT"	means information and communication technology.
"Same Service Type"	means a category of data processing service (as defined in the EU Data Act) that shares the same primary objective, data processing service model and main functionalities as the Data Processing Service(s) provided by Tuist under the Agreement and that is the subject of a Switching request.
"Switching"	means the process whereby Customer changes from using a Data Processing Service of Tuist provided under the Agreement, if any, (i) to using another service of the Same Service Type offered by a Destination Provider, or (ii) to an on-premises ICT infrastructure, including through extracting, transforming and uploading the data.
"Switching Charges"	means the costs for Switching defined in Clause 9.1 of this Addendum which are considered as Fees for the purposes of the Agreement.
"Transitional Period"	means the period commencing on the date starting at the end of the Notice Period initiated by the receipt of a Valid Request.
"Valid Request"	means a request satisfying the requirements in Clause 4.2 and 4.3.
"Working Days"	means any day other than a Saturday, Sunday or a public holiday in the jurisdiction where Tuist is established.

2. Information Obligations of Tuist

2.1. Customer acknowledges that before placing the order for the Data Processing Services, Tuist provided the Customer with clear information about:

(a) available self-service automated switching tools for such services ("Switching Tools") and the conditions of their use;

(b) Tuist's Fees and, where applicable, Early Termination Charges;

(c) the Switching Charges including the fees to use the switching tools;

(d) specific services where the obligations on Switching and exit do not apply, where relevant.

2.2. Tuist provides an on-line register describing Data structures and formats, relevant standards and open interoperability specifications, where Exportable Data are available at https://github.com/tuist/tuist/blob/main/server/data-export.md.

3. Switching and Exit Plan

3.1. The switching checklist in Appendix 2, which forms an integral part of the Agreement, includes:

(a) an exhaustive specification of categories of Data and Digital Assets that can be transferred with the use of Switching Tools, including at a minimum all Exportable Data;

(b) an exhaustive specification of categories of Data specific to the internal functioning of the Provider's Data Processing Service that will be exempted from the obligation to export Data where there is a risk of breach of Tuist's trade secrets;

(c) information on procedures for switching and porting with the use of Switching Tools, including methods and formats, restrictions and technical limitations, including those arising from the storage of Data outside of EU, procedures, instructions, documentation, as well when applicable, best practices, capabilities, technical support which Tuist will make available to the Customer (especially during testing, preparation for switching and switching), including any hotlines available for the Customers during the switching or alternative communication channels and tests scenarios. This information must explain how to switch all Exportable Data and Digital Assets in a coherent and consistent way fast enough for an effective switching.

(d) an estimate of the time needed to export and transfer the Data and Digital Assets out of Tuist's environment, when the Switching Tools are used in accordance with Tuist's documentation;

(e) clear information concerning known risks to continuity in the provision of the functions or services on the part of Tuist;

(f) the resources, including IT Resources (such as servers, CPU, memory, I/O, bandwidth), which will be provided by Tuist to ensure effective switching and the procedure for obtaining additional IT Resources.

3.2. Switching shall be treated as a Service under the Agreement.

4. Switching Request, Procedure

4.1. The Customer initiates the Switching by sending Tuist notice of its intent to switch in the form of a Valid Request, in accordance with this Clause 4 and as indicated in Clause 11. The Notice Period will commence when Tuist receives a Valid Request. If the Customer wishes to switch only with regard to certain Products and Services and the corresponding Data or Digital Assets, this must be specified in the Valid Request. The Customer may give notice by using the form in Appendix 3.

4.2. Customer shall specify in the Valid Request the relevant Data Processing Service and whether the Customer intends:

(a) to switch to a Destination Provider of the Same Service Type. In this case the Customer shall provide necessary details of the Destination Provider and the services offered by the Destination Provider;

(b) to switch to Customer's on-premises ICT infrastructure;

(c) erase their Exportable Data and give notice by using the form in Appendix 4.

4.3. In addition to the information set out above, a Valid Request must include all other details necessary for Tuist to enable the Switching or the erasing of Exportable Data, including, as applicable, details about the Destination Provider, the destination ICT infrastructure, the envisaged timing and the Customer representative(s) responsible for the process. Determination of whether a specific service qualifies as the Same Service Type shall be made by Tuist in good faith, taking into account the primary purpose, essential features of the services as described in the Valid Request by the Customer. In the scenario contemplated by Clause 4.5, below, a Valid Request will also include the proof of authorization.

4.4. Tuist confirms to the Customer the receipt of the switching notice using the same way of communication as the one used by the Customer. If the request received does not contain the information required to constitute a Valid Request, Tuist will promptly inform the Customer of which information is missing and Customer may resubmit the request with the missing information.

4.5. A request for Switching may also be submitted by a third party authorized by the Customer, in which case the request must include proof of the Customer authorization to the third party.

4.6. Tuist and the Customer shall, and the Customer shall ensure that any Destination Provider involved in the Switching will, cooperate in good faith to make the Switching effective, enable the timely transfer of data and maintain the continuity of the Data Processing Services concerned.

5. Transitional Period

5.1. The Transitional Period shall be thirty (30) days or such other time as agreed by the Parties in writing.

5.2. If Tuist determines that it will not be technically feasible to complete the Switching within the agreed Transition Period, Tuist shall:

(a) notify the Customer within 14 Working Days after receiving the Valid Request;

(b) indicate an alternative Transitional Period, which must not exceed seven (7) months from the date of the Customer's Valid Request; and

(c) explain why adhering to the Transition Period is not technically feasible.

5.3. The Customer shall confirm the receipt of the notice for alternative Transitional Period within three (3) Working Days. Failure to confirm receipt will be treated as acceptance of the alternative proposal.

5.4. The Customer may extend the Transitional Period once, for a period but in no case for any period longer than three (3) months ("Alternative Transition Period"). Customer shall notify Tuist of the change before the end of the original Transitional Period and indicates the Alternative Transitional Period. The Customer shall use the form set out in Appendix 5 to provide notice of its request for an Alternative Transition Period.

6. Obligations of Tuist during the Switching

Tuist shall provide reasonable assistance to the Customer and third parties authorized by the Customer to assist with the Switching once the Switching process starts and throughout its duration. To this effect, Tuist shall:

(a) act with due care to maintain business continuity and continue to provide the functions or Data Processing Service(s) under the Agreement;

(b) maintain a high level of security throughout the Switching, in particular for the security of the Data during their transfer, consistent with the level of security provided in accordance with the terms of this Agreement; and

(c) if problems are detected during the switching and cannot be resolved through technical support, together with the Customer, analyse the causes and agree on the solutions.

7. Obligations of the Customer during the Switching

7.1. The Customer undertakes to take all reasonable measures to achieve effective Switching. The Customer undertakes to be responsible for the import and implementation of Data and Digital Assets in their ICT infrastructure or in the systems of the Destination Provider, including where the Customer uses the Data Processing Services of a third party for these actions.

7.2. Customer shall notify Tuist of the successful Switching promptly and without undue delay. Any costs associated with Customer's delay shall be borne by the Customer.

7.3. If applicable and without prejudice to Article 30(6) of the Data Act, the Customer and Tuist, or third parties mandated by them, undertake to respect the intellectual property rights of any materials provided in the Switching by Tuist, as well as Tuist's trade secrets, which are considered Confidential Information under the Agreement. The Customer undertakes to provide access to, and enable the use of these materials by third parties mandated by them only insofar as this is absolutely necessary to complete the Switching and only upon Tuist's explicit authorization and provided that such third parties are bound by appropriate contractual confidentiality obligations. The access to and use of Tuist's materials related to the Switching which are protected by intellectual property rights and/or trade secrets related to the Switching will be terminated no later than at the end of the agreed Transitional Period, including the Alternative Transitional Period, in full compliance with the confidentiality commitments and the intellectual property rights granted by Tuist. In all other aspects, the Customer's confidentiality obligations as provided by the Agreement shall remain unchanged by this Addendum.

7.4. The Customer shall act in good faith to implement any instructions related to the Switching given by Tuist. The reasonable measures to achieve effective switching on the part of the Customer include, in particular:

(a) Preparing the switching process internally (e.g. stopping all access to the Data and informing the user of the unavailability of the system. If a third party is entrusted with switching, providing appropriate instructions to such third party so that it respects the Agreement between the Customer and Tuist).

(b) Monitoring the switching process (e.g. check the exported Data and Digital Assets during the switching to immediately identify any problems).

(c) Appropriate contractual arrangements with the Destination Provider or ensuring appropriate resources for on-premises switching.

8. Data Retrieval and Data Erasure

8.1. The Customer may retrieve or erase their Exportable Data during the Data Retrieval Period. The period of the retrieval of Exportable Data shall be thirty (30) days ("Data Retrieval Period").

8.2. At the end of Data Retrieval Period, and if the Switching has been successfully completed, Tuist shall erase all Exportable Data generated by the Customer or directly related to the Customer.

9. Switching Charges and Early Termination Fees

9.1. For each Valid Request made before 12 January 2027, Tuist may charge Customer for switching services provided by Tuist or a third party, as described in the Plan and based on the list of Switching charges provided to Customer before the Effective Date of the Agreement or by 12 September 2025 (whichever is later), or, absent such list, based on the hourly rate of net EUR 200 (excl. applicable taxes) and the time directly spent on the Switching concerned (rounded up or down to the next full hour, as applicable).

9.2. If a Valid Request results in the termination of the Agreement pursuant to Clause 10 prior to the agreed fixed term of the Agreement, Tuist may invoice Customer for an amount equal to the Fees that would have been due or payable by Customer if the Agreement had not been terminated before the end of its term, minus any costs directly attributable to the performance of the Agreement that Tuist would have incurred by the end of that term but will not incur due to the early termination ("Early Termination Charges"). The Early Termination Charges shall become due and payable in accordance with the payment terms of the Agreement.

10. Termination

Notwithstanding any provision to the contrary in the Agreement, and without limitation to the termination rights set out in the Agreement, the Agreement will be considered terminated between the Parties on the date that one of the following events occurs:

(a) Where applicable, upon the successful completion of the Switching. If the successful completion of the Switching occurs before the expiry of the agreed duration of the Agreement, then the Early Termination Fees set out in Clause 9.2 will become due; or

(b) At the end of the Notice Period, if the Customer has requested the erasure of its Exportable Data, upon termination of the Data Processing Service, unless otherwise agreed by the Parties.

11. Notices

The Parties agree any notification between them in respect of switching and exit to be done as agreed in the Agreement.

12. Order of Precedence

In the event of any conflict or inconsistency between these clauses on switching and exit and any other applicable contractual arrangements, terms, conditions or other applicable Agreements related to switching between Data Processing Services, these clauses will take precedence.

Appendix 2:Switching Checklist

Either the information required is explicitly mentioned hereunder or the information required can be found at https://github.com/tuist/tuist/blob/main/server/data-export.md:

(a) Specification of all categories of Exportable Data that can be transferred:

• Project manifests and configurations
• Build artifacts and cache data
• Team and organization settings
• Build analytics and metrics
• Cache contents

(b) Specification of all categories of Exportable Data specific to the internal functioning of Tuist's Data Processing Service, with risk of a breach of the provider's trade secrets, which are exempted from switching:

• Internal system performance metrics
• Infrastructure configuration details
• Proprietary caching algorithms
• Internal service authentication keys
• System optimization parameters

(c) Exportable Data protected by the intellectual property rights of Tuist or third parties, which are exempted from switching:

• Tuist source code
• Licensed third-party components
• Internal implementation details

(d) Information on procedures for switching and porting with the use of switching tools:

• Manual export process initiated by support ticket
• Data provided in standard formats (JSON, YAML, binary artifacts)
• Export coordinated with Tuist support team

(e) Estimate of the time needed to export and transfer the Exportable Data:

• All exports: Several days for data generation and preparation
• Additional time for data transfer depending on size

(f) Known risks to continuity in the provision of the functions or Services of Tuist:

• None - services continue uninterrupted during export

(g) IT resources which will be ensured by the Provider for an effective switching:

• Dedicated support personnel for export coordination
• Manual data preparation and validation
• Secure data transfer methods
• Support documentation

Appendix 3:Switching Notice

Tuist GmbH, Jessnerstr. 27a, 10247 Berlin, Germany

[Date]

Switching notice

Name of Customer: [Name]

Contract: [name and details of Contract, e.g. name of contract, its number, date of execution, as required by the contract]

Switched Services: [All covered by the Contract] or [provide explicit Services or Digital Assets subject to switching if only part of the Services are to be covered by switching]

[OPTION] On behalf of the Customer, I/we inform you that the Customer initiates switching of the Switched Services as of [specify starting date]. The notice period is as specified in the Addendum.

[OPTION] On behalf of the Customer, I/we inform you that the Customer initiates switching of the following services, and/or Exportable Data: ...

[OPTION] The Customer informs you that it intends to switch to [details of new provider/on premise infrastructure of Customer].

[OPTION] (Applicable for automated switching) The Customer would like to switch in the following time window(s): [specify dates and details]. The Customer requests following IT Resources to be available in such time windows [to be completed by the Customer].

Contact details of person responsible for switching: [details of Customers' representative responsible for Switching].

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[signature of Customer's authorized representative]

Appendix 4:Exit Notice

This form is applicable if Customer does not want to switch but only to erase its exportable Data or Digital Assets.

Tuist GmbH, Jessnerstr. 27a, 10247 Berlin, Germany

[Date]

Exit notice

Name of Customer: [Name]

Contract: [name and details of Contract, e.g. name of contract, its number, date of execution, as required by the contract]

Erased Data/Digital Assets: [All covered by the Contract] or [provide explicit Data or Digital Assets subject to erasure]

[OPTION] On behalf of the Customer, I/we inform you that the Customer initiates switching consisting solely of erasure of Erased Data/Digital Assets as of [starting date]. The notice period is as specified in the Addendum.

[OPTION] Contact details of person responsible for switching: [details of Customers' representative responsible for Switching].

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[signature of Customer's authorized representative]

Appendix 5:Notice for Alternative Transitional Period

Tuist GmbH, Jessnerstr. 27a, 10247 Berlin, Germany

[Date]

Notice for alternative transitional period

Name of Customer: [Name]

Contract: [name and details of contract, e.g. name of contract, its number, date of execution, as required by the contract]

Erased Data/Digital Assets: [All covered by the Contract] or [provide explicit Data or Digital Assets subject to erasure]

[OPTION] On behalf of the Customer, I/we inform you that the Customer wishes to extend the transitional period not longer than [date].

[OPTION] Contact details of person responsible for Switching: [details of Customers' representative responsible for Switching].

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[signature of Customer's authorized representative]

Last updated September 12, 2025