EU Data Act Terms

If the EU Data Act applies to your use of our Services, the following language will be incorporated into the Box Terms of Service or your other written agreement with Box governing the use of the Services. If there is a conflict between this language and the terms of your agreement with Box, the terms which comply with applicable law and are most advantageous to you shall apply.

Box does not limit your ability to move your data on or off of Box, enter into contracts with a different service provider, or migrate your data to a different service provider for so long as you use the Services in compliance with the Terms of Service. Files and data in the Services are maintained in the format in which they are uploaded and can downloaded by a User at any time. If you are switching to another provider, you can export your Content and provide Box notice at any time (up until three business days prior to your renewal date) of your intention to stop using our Services and switch to a data processing service offered by a different provider or to an on-premises networking infrastructure at the end of your subscription period. Box makes available HTTP endpoints, in-product tools, and processes for cancelling your subscription and/or deleting your account in the Admin Console (or, for individual accounts, via the Account page). Please note, however, that any mutually agreed payment obligations shall survive the termination of the Agreement, and any amounts pre-paid to Box are non-refundable.

The data that can be exported as part of the switching process includes your files in Box, any exportable metadata associated with those files, and any system logs identified as exportable in your Admin Console (if applicable). Box provides reasonable assistance to you and third parties authorized by you in the switching process and supports your exit strategy by maintaining the availability of data for download as well as HTTP endpoints and in-product tools. However, Box will not perform functions that are made available to you on a self-service basis in the Services. Some third party tools require the use of API Calls, which (regardless of whether they are being used for file egress) may require the purchase of additional resources prior to use. Box will act with due care to maintain business continuity for providing the Services, and continue to provide the Services until termination of our agreement under the Terms of Service. Our standard security measures will continue to apply during the switching process, and additional information on our security practices can be found at box.com/trust.

During the switching process, your data will be retained (and/or deleted) in accordance with our data retention policies. Your agreement will be terminated at the end of your subscription period (or, if applicable, notice period) and upon termination or deletion of your Box account, Box will promptly and fully delete your remaining data from our systems using our then-current processes, subject to any applicable legal or regulatory requirements, and invoice you (or charge the method of payment on file, if applicable) for all remaining fees owed under your agreement with Box. For the avoidance of doubt, any payment obligations previously agreed by you survive any termination of your subscription period under these terms. If, at the end of your subscription period, you still require additional time to retrieve data, Box will, upon your written request, make the Services available to you on a limited basis for up to thirty (30) days to retrieve any data remaining on the Services. You may request an additional thirty (30) day extension if it is not technically feasible to retrieve such data within the original retrieval period. After such retrieval period, you will have no further rights to access the Services or any remaining data still saved there, and Box will begin its then-current deletion process shortly thereafter.

It is your responsibility to ensure you have all rights and permissions to all data and services involved in your service switch to another provider. Box assumes no responsibility nor liability for the success of your service switch including, but not limited to, any issues relating to data integrity or loss, system downtime, compatibility issues, or any other disruptions or failures that may occur.

For the avoidance of doubt, no term which excludes or limits the liability of the party that unilaterally imposed the term for intentional acts or gross negligence shall apply to your relationship with Box. These terms do not apply to any beta products, service trials, sandbox instances, or other services not made generally available for purchase by Box. A copy of these terms, and the Terms of Service, will be made available to you for download upon request to Box Support.