AI21 LABS – Data Act Addendum

Last Updated: August 2, 2026

This Data Act addendum (“Addendum”) amends the agreement (“Agreement”) between AI21 Labs Ltd. and its subsidiaries (“AI21” or “Company”) and the licensee, user, customer, client (interchangeably, defined herein as “Customer”). This Addendum applies solely to the provision of Data Processing Service identified in Annex A, to Customers who are headquartered in the European Union and are subject to Regulation (EU) 2023/2854 of the European Parliament and of the Council on harmonized rules on fair access to and use of data (“Data Act“).

This Addendum sets out the rights and obligations pursuant to Chapter VI of the Data Act and forms an integral part of the Agreement. Capitalized terms not defined herein have the meanings ascribed in the Agreement or the Data Act. This Addendum will be deemed accepted by the Customer by (1) clicking a box indicating acceptance, (2) acknowledging acceptance of this Addendum in a separate document, or (3) by referencing or incorporating the Addendum into the Agreement. Customers agree that this Addendum is incorporated by reference into their Agreement with AI21.

In the event of any conflict between this Addendum and any other contractual terms or documents, this Addendum shall prevail with respect to the matters it addresses.

DEFINITIONS

“Customer Data and Assets” means any and all data, information, metadata, input and output data, including metadata, and other inputs provided by or on behalf of Customer, as well as any reports or other data generated directly for or by Customer through Customer’s use of the Data Processing Service, in each case to the extent processed as part of the Data Processing Service.

“Exportable Data” means any part of the Customer Data and Assets that can be extracted under this Addendum and do not contain AI21’s intellectual property rights, trade secret or otherwise include Usage Data (as defined in the Agreement).

“Provider” shall refer to a Data Processing Provider other than the Company.

“Switching” as defined in Art. 2(34) Data Act, means the process of extracting, transforming and uploading the Customer Data and Assets and transferring it to a Provider, or on-premises ICT, all subject to the Switching Request.

“Transition Period” means the Initial Transition Period, or Alternative Period then in effect, as the context requires.

REQUEST PROCESS
1. Customer may request, at any time during the term of the Agreement between the parties, with a 2-month notification period (“Notice Period”), either to: (a) switch and migrate the applicable Exportable Data to a different third party service provider or to its own on-premises infrastructure, including the location, destination and applicable technical specifications (“Switching Request”); or (b) delete the Exportable Data (“Deletion Request”).
2. The Switching Request or Deletion Request shall be provided in the format attached herein as Annex B and sent to: [email protected].

Following sixty (60) days from Company’s receipt of the Switching Request, the initial transition period shall commence and complete within thirty (30) calendar days (unless extended in accordance with this Addendum) (“Initial Transition Period”).
AI21 will inform Customer within 14 business days of receiving a Switching Request if the Initial Transition Period is technically unfeasible, providing a reasonable explanation for such technical limitations and suggesting an alternative transition period which shall not exceed the time frame set forth under the Data Act (“Alternative Period”).
Customer may, once during the Initial Transition Period or the Alternative Period, by written notice, request an extension to the Transition Period, subject to payment of the current fees, as provided under the Data Act (“Extended Transition Period”).

DELETION PROCESS
1. AI21 will support a Customer’s Deletion Request to the extent permitted by applicable law, by deleting the Exportable Data in accordance with the procedures and timeframes specified in the Agreement, however no later than within the Notice Period.
SWITCHING PROCEDURE
1. During the Transition Period or the Extended Transition Period, as applicable, the Company shall: (a) provide reasonable assistance to Customer (“Switching Assistance“); (b) maintain business continuance and provision of the Services in accordance with the Agreement (subject to Customer’s continuance of payment), including by maintaining security levels as provided under the Agreement; and (c) provide Customer with needed information to conduct the Switching.
2. Company hereby informs Customer that the following Service and data sets are explicitly exempt from the Switching procedure (“Excluded Services and Data“):

Usage Data and any data or information owned or developed by Company, including Insights, predictions, and complex analytics generated through proprietary algorithms, that includes Company’s trade secrets, or exposure of Company’s trade secrets or intellectual property.
Evaluation Products and Pilots as defined in the Agreement, or other limited services.
Static technical information (actual documents not generated by the service, such as manuals, instructions, invoices).
Services or features that could reasonably risk or harm the service continuity.
If most Services are provided to Customer is custom built, it includes specifications developed specifically for the Customer (which are not provided in a broad commercial scale) or any service provided by using professional services, to the extent applicable.
Customer shall promptly notify AI21 in writing upon completion of a successful Switching, Customer is responsible for testing and validating the Switching prior to providing confirmation. To the extent Customer did not provide confirmation, AI21 request written confirmation, if Customer fails to provide such conformation within ten (10) business days, AI21 may deem the Switching was successful.

RETRIEVAL PERIOD
1. Customer may request AI21 to retain the Exportable Data for up to thirty (30) days following the completion of the Transition Period or the Extended Transition Period to the extent applicable (“Retrieval Period“). Customer shall continue to pay all charges in accordance with the Agreement during any Retrieval Period. Upon expiration of the Retrieval Period, the AI21 reserves the right to delete Exportable Data, subject to its standard data deletion practices, except as required under applicable laws.

TERMINATION
1. The Order(s) and Agreement will automatically terminate either (i) for Switching Request immediately upon Switching deemed successful as set forth above; or (ii) for Deletion Request, upon confirming deletion of the Exportable Data or otherwise upon completion of the Notice Period (“Termination Date”).
2. AI21 will continue to provide the Services in accordance with the Agreement until the Termination Date.
3. For the avoidance of doubt, such Customer acknowledges that pricing of annual or multi-year terms, subscriptions, and minimum spend commitments, is generally lower than pricing for comparable services with commensurate usage purchased without such commitments. Customer further acknowledges that it could have elected the option to purchase the Services on a month-to-month basis with a higher rate. Accordingly, an early termination subject to this Addendum will not relieve Customer of its obligation to pay any and all fees due to AI21 as set forth in the applicable Order. Customer must pay any outstanding subscription fees covering the remainder of the term of the relevant Order(s), or any annual fees, minimum commitments, to the extent applicable (“Early Termination Fee”).
4. The Early Termination Fee shall become due and payable upon fourteen (14) days from Customer’s receipt of the invoice. AI21 will not charge any other fees or penalties except for professional service Fees as stated below.
PAYMENT
1. To the extent applicable, and to the extent the Switching Request accrued prior to January 12, 2027, Company reserves the right to charge costs of reasonable Switching Assistance at the Company’s then-current professional services rates, which will be provided upon request and to the extent applicable.
2. Each invoice will be due and payable upon receipt by Customer, including the current subscription fees, unless otherwise specified in the Agreement.
OBLIGATIONS OF THE PARTIES
1. The Parties shall cooperate in good faith to facilitate the Switching procedure, ensure timely transfer of data, and maintain the continuity of the Data Processing Service.
2. As between the Parties, Customer is responsible for the importing of the Exportable Data and Digital Assets on its on systems or on the Provider’s systems.
3. The obligations, including confidentiality obligations, arise from the Agreement shall stay in full force and affect during the Switching procedure.
4. It is Customer’s sole responsibility to ensure that Customer has all rights and permissions concerning the Switching or the Deletion Requests and Exportable Data before exercising its rights hereunder. Customer assumes full responsibility for the successful Switching or deletion, on impacted parties, such as Users, employees and Customer Affiliates (collectively, “Impacted Parties”) and shall indemnify AI21 against any claim, demand, suit or proceeding made or brought against AI21 by Impacted Parties alleging that the Switching or Deletion Request infringes such Impacted Party’s rights or licenses.
5. In no event shall AI21 or its affiliates have any liability to Customer or an Impacted Party, under this Addendum for any damages, losses, costs, or expenses arising out of or in connection with the Switching or the Deletion Request. This exclusion of liability includes, but is not limited to, any issues related to Exportable Data integrity or loss, system downtime, compatibility issues, or any other disruptions or failures that may occur during or as a result of the Switching or the Deletion Request.

Annex A

Data Processing Service

AI Systems

Annex B – Request Formatting

Switching Request

[Date]

To: [Company name and address for communications]

Customer Contact Information: [Name], [Email]

Customer Authorized Representative Information (if applicable): [Name], [Email]

Agreement: [name and details of Agreement]

Switching Option:

☐ Data Processing Provider other than the Company

New Provider Name: […]

New Provider Contact Information: […]

☐ On-premises ICT infrastructure

Preferred Exportable Data: […]

Destination and technical specifications for new Provider/ Customer on-premises infrastructure: […]

[Signature of Customer’s authorized representative]

Deletion Request