LAST UPDATED: May 26, 2026
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OF SCALEVECTOR, GMBH AND ITS AFFILIATES (“DLTHUB”) AND THE INFORMATION ON IT ARE CONTROLLED BY DLTHUB. THESE TERMS OF USE GOVERN THE USE OF THE DLTHUB SERVICE (AS DEFINED BELOW) AND APPLY TO ALL INTERNET USERS VISITING THE DLTHUB SERVICE BY ACCESSING OR USING THE DLTHUB SERVICE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE DLTHUB SERVICE. BY CLICKING ON THE “I ACCEPT” BUTTON OR COMPLETING THE REGISTRATION PROCESS, YOU, AS THE PERSON ON BEHALF OF THE ENTITY ENTERING INTO THESE TERMS OF USE (“SUBSCRIBER”) REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DLTHUB, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE ON BEHALF OF THE SUBSCRIBER, AND TO BIND THE SUBSCRIBER TO THE TERMS OF USE. THE DLTHUB SERVICE IS NOT DESIGNED TO BE USED BY INDIVIDUAL CONSUMERS AND THE TERMS OF USE APPLY TO ENTERPRISE SUBSCRIBERS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE DLTHUB SERVICES.
Your use of, and participation in, certain dltHub Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or on dltHub’s website at https://dlthub.com/terms, or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.”
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY DLTHUB IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, dltHub will make a new copy of the Terms of Use available within the dltHub Service and any new Supplemental Terms will be made available from within, or through, the affected dltHub Service. We will also update the “Last Updated” date at the top of the Terms of Use. dltHub may require you to provide consent to the updated Agreement in a specified manner before further use of the dltHub Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop, and shall ensure that the Subscriber stops, using the dltHub Services. Otherwise, your continued use of the dltHub Services constitutes your acceptance of such change(s) on behalf of the Subscriber. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
As used in this Agreement:
2.1 Subscription. Subject to the terms and conditions of this Agreement, dltHub hereby grants to Subscriber a non-sublicensable, non-transferable (except as provided in Section 13.1), non-exclusive subscription to access and use the dltHub Service solely for Subscriber’s business purposes.
2.2 Integrations. Subject to the terms herein, Subscriber may integrate or embed the dltHub Service in connection with Subscriber’s own products and services; provided, that (i) Subscriber may not sell, distribute or offer the dltHub Service to third parties as a standalone; (ii) Subscriber’s product or service as a whole must offer substantially different features and functions to the dltHub Service; and (iii) Subscriber will enter into a binding agreement with the end user(s) of the integrated offering that is at least as protective of dltHub’s rights and interests as the terms herein.
2.3 Connected Accounts. In order to access many of the features and functions of the dltHub Service, Subscriber will need to link its Connected Accounts to the dltHub Service. By granting dltHub access to any Connected Account, (i) Subscriber represents and warrants that it is entitled to disclose any log-in information provided by Subscriber in connection therewith (if applicable) and/or to grant dltHub access to such Connected Accounts, (ii) Subscriber represents and warrants that it is in good standing with respect to such Connected Accounts, and (iii) Subscriber acknowledges that dltHub may access Connected Account Data so that it may be used in accordance with the terms of this Agreement. Subscriber further acknowledges and agrees that each Connected Account, including access to and use thereof and uptimes related thereto, is solely determined by the applicable provider of the relevant Connected Account. dltHub will have no liability for any unavailability of any Connected Account, or any third-party provider’s decision to discontinue, suspend or terminate any Connected Account.
2.4 Professional Services. Unless the parties have executed a mutually agreed upon written statement of work that references this Agreement (a “Statement of Work”), dltHub will not have any obligation to provide any configuration, implementation, integration, training or other professional services (“Professional Services”). In the event the parties enter into a Statement of Work, dltHub will perform such Professional Services in accordance with the Statement of Work and Exhibit A attached hereto. In the event of any conflict between the terms of this Agreement and any Statement of Work, the terms of this Agreement will control, unless the terms of the Statement of Work identify those section(s) of this Agreement to be superseded by the Statement of Work, in which case the Statement of Work will control solely with respect to such section(s).
2.5 AI Tools. In order to access many of the features and functions of the dltHub Service, Subscriber may use their own AI Tools to develop data pipelines and data applications locally and then deploy those pipelines and applications via the dltHub Service. Subscriber acknowledges that dltHub is not responsible for any content or outputs generated via the AI Tools (collectively, “Outputs”) and that all Outputs are therefore made available “as is” and “with all faults” via the dltHub Service. Subscriber further acknowledges and agrees that each AI Tool, including access to and use thereof and uptimes related thereto, is solely determined by the applicable provider of the relevant AI Tools. dltHub will have no liability for any unavailability of any AI Tools, or any third-party provider’s decision to discontinue, suspend or terminate any AI Tools.
3.1 Access and Security Guidelines. Each User will be provided access to and use of the dltHub Service through confidential account credentials. Subscriber will be responsible for all uses of its account, except to the extent caused by dltHub’s negligence. Subscriber will promptly notify dltHub of any unauthorized use or access to its account. User seats may not be shared amongst other Users.
3.2 Restrictions. Subscriber will not, and will not permit any User or other party to: (a) reverse engineer, disassemble or decompile any component of the dltHub Platform or dltHub Service (except where applicable law permits despite this limitation); (b) interfere in any manner with the operation of the dltHub Service, or the dltHub Platform or the hardware and network used to operate the dltHub Service; (c) except as permitted in Section 2.2, sublicense any of Subscriber’s rights under this Agreement, or otherwise use the dltHub Service for the benefit of a third party or to operate a service bureau; (d) modify, copy or make derivative works based on any part of the dltHub Platform; (e) introduce to the dltHub Platform or dltHub Service any ‘back door’, ‘drop dead device’, ‘time bomb’, ‘Trojan horse’, ‘virus’ or ‘worm’ or any other equivalent code, software routine or instructions designed or intended to disrupt, disable, harm or otherwise impede in any manner the operation of the dltHub Platform or dltHub Service or any device, system, data or file owned or controlled by dltHub or any third party; (f) use the dltHub Service, dltHub Platform or Documentation in any manner which would breach or otherwise violate any applicable laws, rules or regulations; (g) otherwise use the dltHub Service in any manner that exceeds the scope of use permitted under Section 2.1; or (h) take any action designed or intended to do any of the foregoing. Breach of this Section 4.2 constitutes a material breach of the Agreement for purposes of Section 7.2.
3.3 Suspension. Without prejudice to dltHub’s other rights under the Agreement or in law, dltHub may suspend Subscriber’s access and use of the dltHub Service if Subscriber or any User breaches Section 4.2.
4.1 Fees and Payment Terms. Subscriber will pay dltHub the fees for the dltHub Service as set forth on the applicable Order Form (“Fees”). Unless otherwise stated in the Order Form, all Fees are due upon receipt of dltHub’s invoice thereof. Subscriber may be required to provide a valid credit card as a condition to signing up for the dltHub Service. By providing a credit card, Subscriber agrees that dltHub is authorized to immediately invoice Subscriber’s account for all fees and charges due to dltHub hereunder and that no additional consent is required. Subscriber agrees to immediately notify dltHub of any change in Subscriber’s billing address or the credit card used for payment hereunder. In the event Subscriber exceeds number of transactions for which applicable Fees have been paid, Subscriber will be invoiced for such overage in accordance with the overage fees set forth in the Order Form before any further use of the dltHub Service is permitted. Unless otherwise stated in an applicable Order Form, all subscription fees will be invoiced and payable in advance on a monthly basis, and any overage fees incurred for any prior month will be invoiced the following month. Invoices that include Usage Fees will provide a summary of Usage Fees broken down by model. Subscriber may switch to a higher subscription tier at any point during the applicable Order upon payment of the additional Fees on a prorated basis.
4.2 Credits. In order to purchase a subscription, Subscriber will be required to purchase credits (the “Credits”). If Subscriber receives or purchases Credits, Subscriber will be charged the corresponding Fees. In the event Subscriber’s use of the dltHub Service exceeds the number of Credits that have been purchased for such applicable payment/subscription period, then dltHub will charge Subscriber an overage fee (as set forth on the Order Form) commensurate to such overage before any further use of the dltHub Service is permitted. Any such Credits purchased by Subscriber represent amounts that Subscriber has prepaid for certain features of the dltHub Service. Credits may only be used during any timeframe specified at the time of purchase, or if no timeframe is specified, such Credits will expire at the end of this Agreement. Thereafter, if such Credits are not used, Subscriber will lose access to any such unused Credits. Subscriber agrees and understands that in the event that Subscriber terminates this Agreement or otherwise ceases using the dltHub Service, Subscriber will lose access to any unused Credits. Credits have no cash value, cannot be reloaded, resold, transferred for value, traded or sold on secondary markets, redeemed for cash, or applied to any other account or subscription, except to the extent required by law. dltHub reserves the right to change terms and conditions of Credits without notice.
4.3 Taxes. All Fees owed by Subscriber in connection with this Agreement are exclusive of, and Subscriber shall pay, all sales, value add, use, excise and other taxes and applicable export and import fees, customs duties and similar charges that may be levied upon Subscriber in connection with this Agreement, except for employment taxes and taxes based on dltHub’s income.
4.4 Billing Disputes. If Subscriber believes that dltHub has incorrectly billed Subscriber, Subscriber must notify dltHub no later than sixty (60) days after the due date on the first invoice in which the issue appeared.
4.5 Increases in Fees. dltHub may increase the applicable Fees upon the commencement of any subscription renewal by an amount equal to the increase of the Consumer Price Index in Germany plus three percent (3%) upon at least forty-five (45) days written notice prior to the commencement of such Renewal Order Term.
4.6 Suspension. dltHub reserves the right (in addition to any other rights or remedies dltHub may have) to discontinue the dltHub Service and suspend Subscriber’s access to the dltHub Service if any Fees set forth in the applicable Order Form are more than thirty (30) days overdue until such amounts are paid in full. Subscriber shall maintain complete, accurate and up-to-date Subscriber billing and contact information.
5.1 Non-Disclosure. The receiving party agrees that it will not use or disclose to any third party any Confidential Information of the disclosing party, except as expressly permitted under this Agreement.
5.2 Protection of Confidential Information. The receiving party will limit access to the Confidential Information to those who have a need to know such information to use or provide the dltHub Service. The receiving party will protect the disclosing party’s Confidential Information from unauthorized use, access, or disclosure in a reasonable manner.
5.3 Return. Upon expiration or termination of this Agreement, Subscriber will have thirty (30) days to export any Subscriber Data stored on the dltHub Service, and thereafter, dltHub will permanently erase such data; provided, however that, dltHub may retain copies of Subscriber Data: (a) that are securely stored in archival or computer back-up systems, or (b) to meet legal or regulatory obligations, subject to the terms of this Section 6.
5.4 Exceptions. The restrictions on use and disclosure of Confidential Information set forth in this Section 6 will not apply to any Confidential Information which (a) is or becomes a part of the public domain through no act or omission of the receiving party, (b) was in the receiving party’s lawful possession prior to the disclosure, as shown by the receiving party’s competent written records, or (c) is independently developed by the receiving party. The receiving party may disclose Confidential Information to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body.
6.1 dltHub Platform and Technology. Subscriber acknowledges that dltHub retains all right, title and interest in and to the dltHub Source Available Software, dltHub Platform, including all algorithms, AI, language models and improvements thereto, Integration Tools and all software and all dltHub proprietary information and technology used by dltHub or provided to Subscriber in connection with the dltHub Service (the “dltHub Technology”), and that the dltHub Technology is protected by intellectual property rights owned by or licensed to dltHub. Other than as expressly set forth in this Agreement, no license or other rights in the dltHub Technology are granted to the Subscriber. Subscriber hereby grants dltHub a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the dltHub Service any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber, including Users, relating to the dltHub Service. dltHub shall not identify Subscriber as the source of any such feedback.
6.2 Subscriber Data. Subscriber retains all right, title and interest in and to the Subscriber Data. Subscriber hereby grants to dltHub a non-exclusive, worldwide, royalty-free and fully paid-up license to access and use Subscriber Data to provide the dltHub Services to Subscriber. Subscriber represents and warrants that it has all necessary rights to grant dltHub the foregoing licenses.
6.3 Performance Data. dltHub retains all right, title and interest in and to the Performance Data, and may use Performance Data for any lawful purpose.
6.4 DPA. Subscriber and dltHub shall each comply with their respective obligations under the DPA which is hereby incorporated by reference. If and where the DPA applies in accordance with its terms, to the extent of any inconsistency or conflict between any provision of this Agreement and any provision of the DPA, the relevant provision of the DPA shall govern and prevail in preference to any relevant provision of this Agreement insofar as they relate to dltHub’s processing of Subscriber Personal Data (as defined in the DPA).
7.1 Term. The term of this Agreement will commence on the date Subscriber accepts them (as described in the preamble) and continue until all Order Forms have expired, unless terminated earlier in accordance with the terms of this Agreement (the “Term”). Unless otherwise set forth in an Order Form, each Order Form will have an initial term of one (1) year (the “Initial Order Term”), and will automatically renew for successive one (1) year terms (each, a “Renewal Order Term” and collectively with the Initial Order Term, the “Order Term”), unless either party provides no less than thirty (30) days written notice of its intent to terminate the Order prior to the end of the then-current term.
7.2 Termination. Either party may terminate this Agreement upon written notice if the other party materially breaches the Agreement and does not cure such breach (if curable) within ten (10) days after written notice of such breach. In addition, dltHub may terminate this Agreement for any reason or for no reason upon fourteen (14) days prior written notice for convenience. Upon the expiration or termination of this Agreement for any reason, (a) any amounts owed to dltHub under this Agreement will become immediately due and payable; and (b) each party will, subject to Section 6.3, return to the other all property of the other party. dltHub agrees that upon request, dltHub will remove all Subscriber Data from the dltHub Platform and following termination or expiration of this Agreement, all Subscriber access to the dltHub Service will cease. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination. Sections 1, 4.2, 5, 6, 7, 8.2, 9–13 will survive the expiration or termination of this Agreement.
8.1 Disclaimer. To the maximum extent permitted by applicable law: (a) the dltHub Service, dltHub Platform and documentation are provided “as is” and “as available” and (b) dltHub and its suppliers make no other warranties, express or implied, by operation of law or otherwise, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
8.2 AI Tools and Outputs. Subscriber acknowledges that dltHub has no control over, or other ability or obligation with respect to the maintenance, upkeep, status or support of any AI Tools or other component thereof, including the accuracy, timeliness, reliability, or completeness of any Outputs. dltHub will have no liability with respect to any acts, omissions, reliance, delays, errors or other liabilities arising from or related to any downtime, unavailability, inaccuracies or failures of any AI Tools. Subscriber is solely responsible for any reliance upon any Outputs generated by AI Tools and any results obtained from the reliance on any Outputs.
9.1 By Subscriber. Solely to the extent permitted under applicable law, if any action is instituted by a third party against dltHub relating to (a) Subscriber’s breach or alleged breach of this Agreement, or (b) Subscriber’s use of the dltHub Services in violation of any applicable laws, rules or regulations, Subscriber will indemnify, defend and hold harmless dltHub against such action at its own expense on behalf of dltHub and shall pay all damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) incurred by dltHub in connection with such claim. This subsection states the sole and exclusive remedy of dltHub and the entire liability of Subscriber for the claims and actions described herein.
9.2 Procedure. Any party that is seeking to be indemnified under the provision of this Section 10 must (a) promptly notify the other party (the “Indemnifying Party”) of any third-party claim, suit, or action for which it is seeking an indemnity hereunder (a “Claim”), and (b) give the Indemnifying Party the sole control over the defense of such Claim.
To the extent permitted by law, in no event shall dltHub or Subscriber be liable for special, incidental, consequential or punitive damages or lost profits in any way relating to this Agreement (whether in contract, tort including negligence, breach of statutory duty, misrepresentation, restitution or otherwise). In no event shall dltHub’s or Subscriber’s aggregate, cumulative liability in any way relating to this Agreement (whether in contract, tort including negligence, breach of statutory duty, misrepresentation, restitution or otherwise) exceed the amount of fees actually received by dltHub from Subscriber pursuant to the applicable Order Form or Statement of Work during the twelve (12) months preceding the claim. The foregoing limitations shall not apply to payment and indemnity obligations, death or personal injury caused by the party’s negligence, fraud or fraudulent misrepresentation, and any liability which cannot be limited or excluded by applicable law. The parties would not have entered into this Agreement but for such limitations.
Subscriber acknowledges and agrees that dltHub may identify Subscriber as a customer of the dltHub Services on dltHub’s website and marketing materials. Upon dltHub’s request, Subscriber may reasonably cooperate in the creation of a joint press release and/or white paper related to Subscriber’s use of, and experience with, the dltHub Service, subject to Subscriber’s prior written approval of any such materials before publication.
12.1 Assignment. Neither party may assign any rights or obligations arising under this Agreement, without the prior written consent of the other; except that either party may assign this Agreement without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment or transfer in violation of the foregoing will be null and void.
12.2 Subcontracting. Subscriber agrees that dltHub may subcontract certain aspects of the dltHub Service to qualified third parties, provided that any such subcontracting arrangement will not relieve dltHub of any of its obligations hereunder.
12.3 Governing Law. This Agreement will be governed by and construed in accordance with the following laws, without regard to its conflicts of laws principles: (a) if the Subscriber is established in the European Economic Area, United Kingdom or Switzerland, the laws of England and Wales; and (b) in all other cases, the laws of the State of Delaware.
12.4 Jurisdiction. When bringing an action arising under this Agreement, the parties agree to the following exclusive venues: (a) if the Subscriber is established in the European Economic Area, United Kingdom or Switzerland, the courts of England; and (b) in all other cases, the state or federal courts of Delaware. This choice of venue does not prevent either party from seeking injunctive relief in any jurisdiction with respect to a violation of intellectual property rights or confidentiality obligations.
12.5 Notices. Any notice under this Agreement must be given in writing to the other party. Notices will be deemed to have been given upon receipt (or when delivery is refused) and may be (a) delivered personally, (b) sent by recognized courier service, or (c) sent by email (in the case of notices to dltHub, to legal@dlthub.com, and in the case of notices to Subscriber, to the email address associated with the Order Form).
12.6 Entire Agreement. This Agreement (including the Supplemental Terms and the DPA) and the exhibits attached hereto (as modified by the parties from time to time) is the entire understanding and agreement of the parties, and supersedes any and all previous and contemporaneous understandings.
12.7 Severance. In the event that any provision of this Agreement is held to be invalid or unenforceable, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect.
12.8 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.
12.9 Independent Contractors. The parties to this Agreement are independent contractors, and no agency, partnership, franchise, joint venture or employee-employer relationship is intended or created by this Agreement.
12.10 Rights of Third Parties. Save as expressly provided under this Agreement, there are no third-party beneficiaries under this Agreement and no person who is not a party to this Agreement shall be entitled to enforce any of its terms.
12.11 Counterparts. This Agreement may be executed in counterparts, which taken together shall form one legal instrument.
A.1 Services. dltHub agrees to render professional services, including training, consulting and project management, to Subscriber as set forth in the applicable Statement of Work. All Professional Services will be provided remotely unless otherwise agreed in the applicable Statement of Work. If the Professional Services are to be provided on Subscriber’s premises (a) Subscriber shall provide safe and adequate space, power, network connections and other resources as required by dltHub, (b) Subscriber will provide subject matter experts and other personnel as required, and (c) dltHub shall adhere to Subscriber’s established written guidelines, which shall be provided to dltHub, concerning on-site visits by contractors and the use of Subscriber’s computer equipment.
A.2 Project Administration. The contact for Subscriber shall provide dltHub all assistance and guidance necessary for the performance of the Professional Services. All Subscriber personnel assigned to provide such assistance and guidance will have appropriate skills, training, education and knowledge necessary.
A.3 Requirements. Subscriber will reasonably cooperate with dltHub in the performance of the Professional Services. Such cooperation may include, (a) the provision of reasonable remote network access to those Subscriber systems that utilize the Professional Services, and (b) making available suitably trained personnel with sufficient knowledge of Subscriber’s systems and/or Connected Accounts, during normal business hours. Subscriber will notify dltHub at least twenty four (24) hours in advance if any scheduled meeting needs to be rescheduled.
A.4 Change Orders. In the event either party desires to change the scope or duration of any Statement of Work, the party desiring such change must submit a change proposal to the other party detailing the desired changes to be made to the Professional Services (a “Change Proposal”). The receiving party will promptly provide written acceptance or rejection of the Change Proposal. If such Change Proposal is accepted, the parties will amend the applicable Statement of Work to include the terms of such Change Proposal.
A.5 Compensation. dltHub shall be paid the fees set forth in the Statement of Work for time spent performing the Professional Services. Subscriber shall also reimburse dltHub for reasonable travel, lodging and meal expenses for Professional Services performed outside of dltHub’s site which dltHub is required to incur in providing the Professional Services. dltHub shall provide Subscriber with invoices detailing the consulting hours, fees and expense reimbursements due to dltHub, and shall itemize and provide receipts for expenses over twenty five U.S. dollars ($25) upon request. Subscriber shall be responsible for all taxes associated with the Professional Services and the payment of fees for the Professional Services except taxes based on dltHub’s income.
A.6 License to dltHub. Subscriber acknowledges that in order to perform the Professional Services, dltHub may be required to have access to certain Subscriber software or other material of Subscriber or Subscriber’s suppliers (“Subscriber Material”). Subscriber grants to dltHub the right to use Subscriber’s software and other materials solely as required for dltHub’s performance of the Professional Services hereunder.
A.7 Limited Warranty. dltHub shall perform the Professional Services in a good and workmanlike manner. Subscriber’s sole remedy and dltHub’s sole liability for a breach of the foregoing shall be for dltHub to at its option either re-perform the Professional Services or refund sums paid for such Professional Services. dltHub HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PROFESSIONAL SERVICES PROVIDED HEREUNDER AND WORK PRODUCT, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. dltHub DOES NOT WARRANT OR REPRESENT THAT THE WORK PRODUCT WILL BE FREE FROM BUGS OR THAT THE USE OF SUCH WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKE ANY OTHER REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WORK PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Subscriber understands that dltHub is not responsible for and will have no liability for hardware, software, or other items or any services provided by any persons other than dltHub, including without limitation, items supplied by Subscriber.
1. Without prejudice to the provisions on term and termination, the following applies solely to Subscribers based within the European Union, in cases of change of provider of a data processing service, export of exportable data, or deletion of exportable data. Terms not defined in the Agreement and used in this Exhibit B have the meaning given to them in the EU Data Act.
2. Subscriber may, with two (2) months’ notice (“Switching Period”), notify dltHub in writing (“Switching Notice”):
3. Subscriber shall be granted a period of thirty (30) days of expiration of the Switching Period to export and save the Subscriber Data (“Export Period”). Subscriber may request the Export Period to be extended by a single period of thirty (30) days by notifying dltHub requesting such extension before the expiry of the Export Period.
4. After the expiry of the Export Period, all Subscriber Data that was or is generated directly by the Subscriber will be irrevocably deleted in accordance with Section 6.3 of the Terms of Use.
5. Unless the Subscriber has already terminated the Agreement with dltHub on other grounds, the Agreement shall be deemed to have been terminated:
6. Subscriber acknowledges and accepts that termination of the Agreement pursuant to the preceding paragraphs shall leave dltHub’s claim to all Fees due by Subscriber – if any – until the agreed expiration of the current term of the Agreement (including during any Export Period and extension thereof) – or until the expiration of the ordinary notice period, if applicable – unaffected. For the avoidance of doubt, this means that even in case of Switching, Export or Deletion according to this section, Subscriber shall be liable for all Fees due to dltHub – if any – until the expiration of the agreement, as if the Switching, Export or Deletion had not been requested (“Default Fee”). Such Default Fee shall become due and payable within fourteen (14) days of the effective date of termination according to paragraph 5 above. For the avoidance of doubt, any unused Credits shall not be refundable in the event of Switching, Export or Deletion pursuant to this Exhibit B.
7. If the Export Period is technically unfeasible for dltHub, dltHub shall notify the Subscriber thereof within fourteen (14) working days of receiving the Switching Notice, duly justify the technical infeasibility and indicate an alternative retrieval period, which may not exceed seven (7) months.
8. dltHub shall provide the Subscriber and third parties authorised by the Subscriber with reasonable support in case of Switching, Export or Deletion, and shall act with due care to maintain business continuity, and continue the provision of the functions or services under the contract. Upon receipt of a Switching Notice, dltHub shall provide the Subscriber with relevant information for implementing the requested measure (Switching, Export or Deletion).
9. During the course of Switching, Export or Deletion, interruptions and delays may occur due to general business and technology-related risks, e.g. due to the absence of key personnel, technical processing and capacity bottlenecks, infrastructural disruptions or security incidents. In any case, dltHub ensures a high level of security during the implementation of the aforementioned measures, in particular with regard to the security of data during its transfer and the continued security of data during the Export Period.
10. An exhaustive list of all categories of exportable data and digital assets comprising the Subscriber Data that can be ported in case of Switching or Export, as well as an exhaustive list of data categories that are exempted as they are specific to the internal functioning of dltHub, without impeding or delaying the Switching or Export, is available on request from dltHub.
12. The free exercise of data subjects’ rights under the GDPR (as defined in the DPA) remains unaffected by this Exhibit B.
