Data Act Addendum

1. Scope

This Addendum applies only to customers established in the European Union or the European Economic Area. It implements the switching and portability rights in the EU Data Act (Regulation 2023/2854).

It forms part of the Zoko Terms of Service and prevails over Section 12 of those Terms on switching, export, and portability for customers within its scope. For everyone else, Section 12 applies unchanged.

2. Your Right to Switch

You may switch to another provider, or move your data in-house, on two (2) months' written notice to contact@zoko.io. In your notice, tell us whether you are moving to another service or simply want your data deleted.

Once we receive your notice we will schedule a transition period of at least thirty (30) days, during which your Account remains accessible and operational so that you can export your data and complete the move, subject to your Subscription Plan.

If thirty days is not enough, you may request an extension, up to a total of seven (7) months. If we consider thirty days is not feasible in your case, we will tell you within fourteen (14) business days and agree a reasonable extension within that same seven-month limit.

After the transition, we allow a further thirty (30) day retrieval period to download anything remaining. At the end of that period we may delete your data, except anything we must retain by law.

3. What We Will Do

Throughout the notice and transition period Zoko will act in good faith and will:

• help you export your data, providing tools, guides, and reasonable support;
• maintain service continuity at our usual level, including the commitment in the Service Level Agreement;
• maintain our usual security standards throughout;
• tell you about any known risk or issue affecting the switch.

You are responsible for importing the exported data into your new system and for securing it there.

4. What You Can Export

You can export the data stored and managed in your Zoko Account, in open, commonly used, machine-readable formats such as CSV and JSON. This generally includes your flows, automations, and templates; your contact and subscriber lists and their attributes; your tags and segments; your catalogue and order data as held in Zoko; your campaign and analytics data; and other content you created in Zoko.

DATA THAT ORIGINATES ON A CONNECTED THIRD-PARTY PLATFORM MAY NOT BE AVAILABLE FOR EXPORT THROUGH ZOKO. WHERE SUCH DATA REMAINS DIRECTLY ACCESSIBLE TO YOU FROM THAT PLATFORM, OR THROUGH ANOTHER SERVICE THAT INTEGRATES WITH IT, ZOKO IS NOT THE DATA HOLDER FOR IT UNDER ARTICLE 4 OF THE DATA ACT AND DOES NOT PROVIDE A SEPARATE EXPORT.

In practice this means message content retrieved through the WhatsApp Business Platform, and store data held in Shopify, remain available to you from Meta and Shopify respectively. Everything Zoko can export directly will be provided by our support team in accordance with the Data Act.

5. Fees and Refunds

Subscription fees. Prepaid subscription fees are not automatically refunded if you terminate before the end of a paid term. Section 9 of the Terms of Service governs refunds.

Switching charges. Until 12 January 2027, where we incur documented third-party costs in assisting your switch, such as data egress charges, we may pass those through, and we will tell you the amount in advance. From 12 January 2027, in accordance with Article 29 of the Data Act, no switching charge applies and we will assist your switch free of charge.

6. Migration Checklist

1. Plan. Decide your switch date and give us at least two months' notice.
2. Confirm. Tell us whether you are moving to a new provider or deleting your data, and receive our confirmation.
3. Export. Use the export tools to download your data in CSV or JSON, and ask support for help if you need it.
4. Transfer. Import into your new system.
5. Transition. Your Account stays active for thirty days, or longer if extended, while you complete the cutover.
6. Retrieve. Download anything remaining during the thirty-day retrieval period.
7. Terminate. The Services end either on successful completion of the switch, which we will confirm, or at the end of the notice period if you are terminating without switching, in which case you may request erasure. We will confirm termination either way.
8. Migrate your WhatsApp Business Account. If you are moving your WABA to another Solution Provider, Section 14 of the Terms of Service sets out our migration obligations, which run in parallel with this Addendum.

7. Questions

Do I get a refund if I leave early? Not automatically. Prepaid subscription fees are non-refundable under Section 9 of the Terms of Service.

Can Zoko charge me to switch? Until 12 January 2027, only documented data-transfer costs, notified in advance. After that date, no charge.

What if thirty days is not enough? Request an extension, up to seven months in total.

Where does my WhatsApp conversation history live? Message content retrieved through the WhatsApp Business Platform remains accessible from Meta. See Section 4.

Questions can be sent to contact@zoko.io.

Governing law

This document forms part of the Zoko Terms of Service and is governed by the laws of the State of Delaware, USA, in accordance with Section 24 of those Terms. Disputes follow the escalation path and arbitration provisions in Sections 23 and 24 of the Terms of Service. Nothing in this document displaces that choice of law. It gives effect to rights EU customers hold under the Data Act regardless of governing law, and where mandatory EU law applies to a customer it applies alongside, not instead of, the Terms of Service.