Neo4j EU Data Act Addendum

This Neo4j EU Data Act Addendum (“Addenda”) supplements the agreement for the software-as-a-service cloud offering (the “Agreement”). Capitalized terms not defined herein shall have the meaning given to them in the Agreement.

  1. To comply with the EU Data Act (Regulation (EU) 2023/2854) (“Data Act“), Neo4j provides Eligible Customers with a two-month notice period to initiate the Switching Process for its Eligible Services to an on-premises infrastructure or to a Data Processing Service offered by a different provider (“Switching Request”). 
  2. Neo4j will provide Eligible Customers (or third parties that have been authorized to manage or perform the Switching Process on their behalf) with reasonable assistance, including providing related instructions which may be available in the Documentation, to export its data within 30-days of the end of the notice period. Neo4j shall continue to provide the Cloud Offering, including fulfilling its security obligations, subject to the terms of the Agreement during the Switching Process. 
  3. Upon Eligible Customer’s notice to Neo4j that the Switching Request has been completed, the associated Aura Subscription(s) shall be terminated effective as of the end of the Retrieval Right as defined in the Agreement (“Subscription Termination Date“). In accordance with the Agreement and to not incur charges related to the use of the Cloud Offering, Eligible Customer shall delete all active instances in its Aura deployment as of the Subscription Termination Date. Neo4j will not impose any charges for the Switching Request.
  4. Eligible Customers must pay Neo4j all fees past due and incurred through the Subscription Termination Date. Given Eligible Customer’s agreement to a fixed-term subscription commitment, no refunds or credits will be issued for any prepaid fees for the Subscription Term. Any outstanding fees due for the remainder of the Subscription Term in the relevant Subscription(s) must be paid as an early termination fee. Neo4j will not charge any other fees or penalties. 
  5. Liability. Neo4j shall not be liable for any damages, losses, costs, or expenses arising out of or in connection with the Switching Request, including any issues related to the integrity or loss of Customer Data, system downtime, or any other disruptions or failures that may occur during or as a result of the Switching Request. The Customer assumes full responsibility for the successful completion of its Switching Request.
  6. Definitions
    1. “Eligible Customer” means a Neo4j customer of the Cloud Offering that has a billing address located in a country in the European Economic Area. 
    2. “Eligible Service” means the Data Processing Service provided as part of the Neo4j Cloud Offering.
    3. “Data Processing Service” has the meaning in the Data Act. 
    4. “Switching Process” has the meaning in the Data Act.