Terms for switching to another provider (Data Act)

Annex 2 to the Invico Terms of Service. Establishes users' rights to switch to another data-processing service provider (so-called switching) in accordance with Art. 25 et seq. of Regulation (EU) 2023/2854 (the Data Act), effective from 12 September 2025.

English convenience translation — the Czech original prevails.

1. Introductory provisions and scope

1.1. This annex governs the rights and obligations of the parties when the user switches to another data-processing service provider pursuant to Article 25 et seq. of Regulation (EU) 2023/2854 (the "Data Act").

1.2. The right to switch applies to all structured data entered by the user into the Invico application during the term of the contract (in particular issued and received documents, the contact directory, expense items, price lists and audit logs).

2. Notice of switching and notice period

2.1. The user may initiate the switching process at any time by delivering a written notice of switching to [email protected] or via the in-app function.

2.2. Delivery of the switching notice starts a notice period of 2 months (the statutory maximum under Art. 25(2)(b) of the Data Act). The notice period is followed by a transitional period for completing the data migration, normally lasting no more than 30 calendar days; the user may extend it once. If completing the migration within 30 days is technically infeasible, the operator shall inform the user within 14 working days of the switching notice, duly justify this, and set an alternative transitional period not exceeding 7 months.

2.3. Exercising the right to switch under the Data Act constitutes a purpose-limited termination for the purpose of changing providers, not a general termination of the contract without cause.

3. Service continuity and operator's cooperation

3.1. For the duration of the notice period and the following transitional period, the operator is obliged to provide the Invico service in full scope, with unchanged quality and with all security standards maintained.

3.2. The operator shall provide the user with reasonable technical cooperation necessary for the successful completion of the data migration.

4. Format and scope of the data export

4.1. The user has the right to a free export of all portable data in a structured, commonly used and machine-readable format (by default JSON, CSV, or the national e-invoicing standard ISDOC XML).

4.2. The data export is available to the user directly in the application interface or via remote API access.

4.3. If the user requires the creation of special conversion tools or custom development, this is an above-standard service that may be charged under a separate agreement between the parties.

5. Retention and deletion after switching

5.1. After the transitional period ends, the operator guarantees secure retention of the user's data for at least 30 days in case additional verification of the export's completeness is needed.

5.2. After the period under Art. 5.1 lapses, the operator performs irreversible deletion of all user data from production databases and, within 45 days, from automatic database backups, unless a specific legal rule obliges the operator to retain certain records (e.g. the operator's own accounting documents). On request, the operator issues the user a confirmation of completed deletion.

6. Charges and settlement for annual subscriptions

6.1. Data export in standard formats is provided free of charge. The operator does not charge switching fees — moreover, charging them is prohibited under Art. 29(1) of the Data Act from 12 January 2027 — nor penalties for early termination of the contract. For the provision of the service itself during the notice period and transitional period, the user pays the standard price under the agreed plan.

6.2. If the notice period and transitional period exceed the paid subscription term, the user pays a proportionate part of the annual price under the agreed plan for the excess period.